How to work in Germany on a Polish visa

In search of better earnings, many Ukrainians seek to find work abroad. And most often, labor migrants choose Poland because it is close and easy to obtain a work visa with a minimum package of documents.

Of course, the level of salaries in Poland is higher than in Ukraine, but it is significantly lower than earnings in other economically developed countries of the European Union, for example Germany. In an effort to get more money for their work, Ukrainians with a Polish visa are looking towards Germany. But getting a German visa is very difficult and it is not a fact that it will be given at all. Therefore, working in Germany on a Polish visa is the only possible option to quickly improve your financial situation. But is it legal? Let’s figure it out.

Conditions for working on a Polish visa in Germany

A national visa of an EU country, be it Poland or Germany, gives the right to legal employment only in that country. So is it possible to go to Germany with a Polish visa? You can travel, for example, as a tourist, but you cannot stay and work legally without a visa or simply with a Polish visa in hand. This is fraught with fines and deportation. And none of the normal German employers will agree to employ an illegal immigrant in order to have problems with the law.

What to do then? Is there a solution to work in Germany without risk? 

There are two options when it is possible to work legally in Germany on a Polish visa:

1. Business trip from a Polish employer in form A1.
2. Official employment on a Van der Elst Visa.

What is Form A1 and why is it important for working in Germany?

Form A1 is a document issued by ZUS (social insurance authority) within the framework of EU social security. It confirms that a person working in one EU country remains insured in his country of residence (in our case, Poland), and the employer regularly pays social contributions for him. This means that the employee has the right to emergency medical care in Germany and other EU countries.

To obtain an A1 form (zaświadczenie A1) to work abroad on a Polish work visa, a foreigner must have in hand:

1. An open Polish work visa for a period of one year, six months, nine months or a residence card (karta czasowego pobytu) – a right of residence that allows you to legally stay and work in Poland for 1 to 3 years.
2. Taxpayer certificate (certyfikat rezydencji podatkowej), indicating that the foreigner permanently resides in Poland and pays taxes in this country on time.

To obtain a certyfikat rezydencji podatkowej, you need to submit an application to the tax office at your place of residence using the CFR form. And here some difficulties arise, because to contact the tax service you need to additionally provide:

• personal tax number (PESEL) – an analogue of the Ukrainian TIN;
• temporary/permanent registration in Poland (Meldunek).

Having the above package of employee documents, the employer submits an application to the social insurance office for a business trip, Form A1, which grants the right to work in Germany on a Polish visa without intermediaries. The application can be submitted in paper form or electronically through the ZUS PUE e-services platform. By the way, Ukrainians living in Poland can resolve most of their matters on this portal.

In addition to the application itself, the social insurance authority is also provided with:

1. A photocopy of the first page of the worker’s international passport and the page with the open visa.
2. A copy of the karta czasowego (if the employee has one).
3. Tax certificate.
4. Employment contract (umowa o pracę).
5. A contract between a Polish and German company to which the employee is posted.

If all documents are completed properly, you will be able to receive Form A1 a week after the application is received by the social insurance authority. After ZUS approves a business trip from a Polish employer in Form A1, the employee can safely go to work in Germany.

Important! Some clients ask questions like, is it possible to just buy an A1 travel sheet? We answer: buying a travel permit is the same as going to work in Germany without one. You must understand the simple truth that Germany and other Eurozone countries are not post-Soviet countries where you can simply buy official paper. You can even go to jail for falsifying documents here. So, if you are offered to buy a letter for an A1 business trip so that you can work in Germany on a Polish work visa, we do not recommend doing this.

Better contact our agency Group Working. We work closely with Polish and German employers, and it is not a problem for us to conclude an employment contract and prepare all the necessary documents for your legal business trip.

How we work in this direction – the main stages:

1. We are negotiating with German employers.
2. We conclude an agreement between Polish and German companies.
3. We issue a Polish work visa (if you are in Ukraine).
4. We issue PESEL, Meldunek, tax certificate.
5. We submit an application to receive form A1.
6. We send an employee to work in Germany.
7. Upon expiration of the visa, we prepare documents to obtain a new one.

Advantages of Form A1 for legal work in Germany

Having received Form A1, you will be able to:

1. Legally work in an EU country and are not afraid of law enforcement agencies. Form A1 confirms your legal status as an employee posted from Poland.
2. Have social guarantees in Germany (access to insurance, right to emergency medical care, etc.).
3. Avoid double taxation. If you have Form A1, you do not need to contribute to the German social security system.

What is Van der Elst Visa and how does it work for Ukrainians

Van der Elst Visa is a type of visa that allows workers from third countries (Ukraine), employed by a company in one EU country (Poland), to perform work in another EU country (Germany) due to production needs.

The Van der Elst visa allows Ukrainians with a six-month or voivodeship Polish visa to officially work in Germany, but not more than three months during the year without the possibility of completely changing employer. A visa can only be issued at the consular section of the German Embassy in Warsaw. The cost of submitting documents is 75 euros, and in case of refusal the amount paid is not refundable.

How to get a Van der Elst visa to work in Germany – step-by-step instructions

Let’s look at what steps you need to take to obtain a Van der Elst visa:

1. Make sure you meet the requirements (have a Polish work visa, Form A1).
2. Collect and prepare a package of documents (health insurance card, employment contract between a Polish and German company, written consent to working conditions between the German company and the worker). The embassy may require other documents.
3. Apply for a Van der Elst Visa at the visa department of the German Embassy in Warsaw.
4. Wait for a decision – the application can be processed from 4 to 12 weeks depending on the circumstances.
5. Obtain a visa for temporary work in Germany.

At first glance, the application process seems simple, but in practice the probability of refusal significantly exceeds the chances of successful receipt. Therefore, employers and employees are increasingly choosing the first option for legal employment in Germany – according to the piecework form A1.

What mistakes can lead to a Van der Elst Visa being rejected?

The German Embassy in Warsaw may reject your application for a Van der Elst Visa for a number of reasons:

1. Forms filled out incorrectly or required papers missing.
2. Lack of A1 form to confirm your legal status.
3. Inconsistency of the employment contract (the contract must clearly indicate that the employee is going on a business trip).
4. Exceeding the working hours in Germany permitted by law.

To avoid mistakes and increase your chances of obtaining a Van der Elst visa, we recommend that you first consult with the experts at Group Working.