Can I work with oswiadczenie na prace in Poland? I'm waiting for my Karta Pobytu (family related)

Hi all,

It is my first time posting here, so please be kind. :) Also, I lurked through the topics, but did not find a person with the same situation as mine, so I am opening a separate thread. If a topic like this exists, please, point it out to me.

So the story is:

- I and my husband moved to Poland (Tricity).
- My husband is Italian (EU citizen). We are married for a couple of years, so I do not have Italian Citizenship or whatever.
- I was born in Kazakhstan but have Russian citizenship.

Right after we moved from Italy to Poland, my husband made a visit to Urzad and made himself a residence permit. Based on his resident permit, our marriage certificate and a lot of other different papers, I made a request in Urzad to make me Karta Pobytu (reason: a family of the EU citizen residing in Poland). My Karta Pobytu is now in the process (I do not have it on hands yet).

I found a work in Poland. The Employer started doing documents and made oswiadczenie na prace cudzoziemca, everything looked fine and the start day of work was assigned. Until yesterday they called me and told me, that most probably I cannot work, because they thought my Karta Pobuty assignment reason was work-related (and if it is a work-related, I can use oswiadczenie na prace cudzoziemca), but because the reason is family related, I cannot work by oswiadczenie na prace cudzoziemca.

I tried to look trough the laws and there are tonnes of confusing information. One part says, that if you are a family member of EU Citizen, you do not need any work permits or oswiadczenie na prace cudzoziemca.

Another part says, that you need Karta Pobytu except if you are from Belarus, Russia, Ukraine, Georgia (do I fit this requirement? Do they look into the citizenship or place of birth?).

Or there are long papers about how to work if you have Karta Pobuty on hands, but not a single word about working, while waiting for KP.

So what do I do? And what does the law says about the situation like this?

Thank you!

you won't get an answer here - there are no immigration law experts here - I know this sounds awful but you simply need to consult a good practicing lawyer in the immigration field (and it will be costly as you probably can imagine)

@gumishu I already sent request to urząd do spraw cudzoziemców

I was just looking for precedens. There should be others whith the situation like mine. So I hoped for a bit of the input. :)

Thank you for the answer, anyway. :)

Correct, you don't need it. You can work freely without it, but you should have the Karta Pobytu in your hand to prove your right to work. It won't take long to come through as a family member of an EU citizen, perhaps 3-4 months at the most.

Thank you for the answer. :)

The thing is I need to start working on Monday 19th (that was the date of assignment), so I kinda need to know if I should turn down the employer or I can work with oswiadczenie na prace cudzoziemca that I have.

Just to clarify, the employer hired an agency to deal with the documents, so there is a possibility, that they do not know about the situation. And I do not know either, but I do not want to break the law.