What Are Foreign Job Applicants Hiding From HR Recruiters?

In the process of hiring foreign talent, HR professionals often encounter challenges related to the legal status of candidates in Poland. While companies can hire foreigners with a solid legal status such as a D-type visa or a residence permit issued in Poland, it is also permissible to hire individuals with legal status granted by another Schengen country. However, during our eight years of experience, we have observed numerous cases where foreign candidates conceal critical information during the job application process, potentially causing significant consequences for the hiring company.

One of the most frequent issues arises when a residence permit issued in Poland is tied to a specific employer. When considering such candidates, it's crucial to investigate when they left their previous job, which formed the basis of their temporary residence permit. According to immigration regulations, the foreign national must inform the immigration office within 15 working days of losing their purpose of stay (employment). Simultaneously, the previous employer is also obligated to notify the immigration office to maintain compliance and avoid potential blacklisting.

Failure to fulfill these obligations can lead to complications. If the foreigner neglects to report their job loss but the employer does, the residence permit may already be in the process of cancellation—or, worse, already canceled. This poses a significant problem for the new employer, as transferring such employees and obtaining a new work permit often takes two to three months. During this period, the candidate may be left waiting or unable to work, creating a bottleneck that can disrupt business operations.

When onboarding such candidates, it is essential to verify their legal status thoroughly and ensure compliance with all applicable regulations. Failure to do so could result in the rejection of the candidate’s future Temporary Residence Card (TRC) application six to seven months down the line. In turn, this could mean a lost investment in the candidate and a disruption to your team.

To avoid these pitfalls, HR teams should implement robust verification processes to assess the legality of a candidate’s stay in Poland. This includes checking for any conditions tied to their residence permit and ensuring that all necessary notifications to the immigration office are made in a timely manner. By taking these precautions, companies can mitigate the risks associated with hiring foreign employees and maintain compliance with immigration laws.

If you require expert guidance or a consultation, feel free to reach out to our office. We are here to assist you in navigating the complexities of foreign employment.