When it is legal for a foreign national to work in Poland

When a foreign national can legally work in Poland

A foreign national who is a citizen of a country outside the European Union (EU), the European Economic Area (EEA) or Switzerland may legally work in Poland, provided that he or she fulfils all of the following conditions:

• they legally reside in the territory of Poland, i.e. have appropriate residence documents (for example a visa or a residence card)

• if they are not exempt from the requirement to hold a work permit, then:

  • they have obtained a temporary residence and work permit (single permit) or
  • the employer has obtained for them a work permit, a seasonal work permit or has submitted a declaration on the intention to entrust work to the foreign national
• their residence documents (the basis for their legal stay in Poland) allow them to work (it is not a tourist visa or any other document which excludes employment)
• their work conditions and position have been specified in the work permit, declaration on the intention to entrust work or temporary residence and work permit (with the exception of a change in the salary rate in favour of the employee or the replacement of a civil law contract by an employment contract)

The Member States of the European Union are: Austria, Lithuania, Belgium, Luxembourg, Bulgaria, Latvia, Croatia, Malta, Cyprus, Germany, Czech Republic, Poland, Denmark, Portugal, Estonia, Romania, Finland, Slovakia, France, Slovenia, Greece, Sweden, Spain, Hungary, the Netherlands, Italy, Ireland.

Member States of the European Economic Area are, in addition to the EU countries: Norway, Iceland, Liechtenstein.

A foreign national may not work legally if they are staying in Poland on the basis of:

• a visa, the purpose of which is indicated by the symbol:
• “01” – tourist purposes
• “20” – use of temporary protection
• temporary residence permit due to circumstances requiring a short stay.

Remember that it is the employer – as the entity entrusting the foreign national with the work – who is required to:

• check whether the foreign national holds a valid residence permit entitling him/her to work
• keep a copy of this residence permit for the entire duration of the foreign national’s work

Please note! In order to enter the territory of Poland, a foreign national must have travel medical insurance with a minimum cover of EUR 30,000, valid for the entire period of their planned stay in Poland, or be registered for health insurance with the National Health Fund (NFZ).

Which visas entitle to work in Poland

A foreign national should obtain a work visa at the Polish consulate competent for the country of their permanent or temporary residence or stay. Such visa will enable them to stay and work legally in the territory of Poland.

In order for a foreign national to work in Poland, they need to obtain one of the following:

• Schengen visa (type “C”)
• long-stay visa (type “D”).

A foreign national will be granted a visa on the basis of a work permit, a certificate on the entry of an application for a seasonal work permit into the register of applications or an employer’s declaration on the intention to entrust work to a foreign national, entered into the register of declarations by the poviat employment office.

If you wish to apply for a visa, register in the E-consulate system.

Please note! If you want to employ in your company a foreign national who is already staying in Poland on the basis of a visa, even if issued for a purpose other than work, you must first check whether the purpose of stay specified in the visa allows him/her to perform work.

Schengen visa

A Schengen visa is issued when a foreign national plans to stay in the territory of Poland for a short period of time, i.e. for a period no longer than 90 days within each 180-day period (during one or several entries), counted from the date of entry during the visa validity period.

This type of visa – the short-stay Schengen visa with symbol C – entitles the foreign national not only to stay in the territory of Poland, but also to move around all Schengen states.

There are currently 26 countries in the <strong>Schengen area</strong> – 22 European Union Member States: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and 4 non-EU countries: Norway, Iceland, Liechtenstein and Switzerland.

Read about extending a Schengen visa (PL).

Please note! The waiting time for a decision on the issuance of a Schengen visa is 15 days from the date of application. In exceptional situations, this period may be extended.

Long-stay visa

A long-stay visa (symbol D) is issued when a foreign national plans to stay in the territory of Poland for a period longer than 90 days (during one or several entries) during the visa validity period. It is also called a long-term visa.

The validity period of a long-stay visa starts no later than 3 months from the date of its issue, and may not exceed 1 year. A long-stay visa entitles its holder to stay in the territory of Poland for the period indicated in the visa, but not longer than one year.

With this visa, a foreign national can also stay in the Schengen States for up to 90 days in any 180-day period without having to obtain a visa from the authorities of the individual Schengen States.

Read about extending a long-stay visa (PL).

Please note! The waiting time for a decision on the issue of a long-stay visa is 15 calendar days from the date of application. In exceptional circumstances, this period may be extended, but to no longer than 60 days.

Indication of the purpose of the visa

On the visa sticker, in the “remarks” field, the consul indicates the purpose of the Schengen or long-stay visa.

Visas typically intended to enable work in the territory of Poland are visas in which the purpose is indicated as:

• “05a” – entitling to work on the basis of a declaration on the intention to entrust work to a foreign national, entered in the register by the poviat employment office
• “05b” – entitling to perform seasonal work
• “06” – entitling to perform work not covered by the above visa types, i.e. usually on the basis of a work permit.

Remember, however, that these visa designations are not the only ones that allow a foreign national to work legally in the territory of Poland.

Any Schengen visa and long-stay visa entitle a foreign national to perform work (provided that the appropriate document legalising the work is obtained), except for a visa issued for the following purposes:

• tourist (visa code “01”)
• temporary protection (visa code “20”)

If a foreign national has one of the above visa codes in their passport, he or she is not entitled to work on the basis of such a residence permit.

Who can benefit from visa-free travel and how

Foreign nationals who are citizens of certain countries may benefit from a visa-free travel regime, i.e. cross borders without the need to obtain a visa or other residence permit, when entering the territory of Schengen States, including Poland, also when they wish to take up employment.

Check the list of countries whose citizens can benefit from a visa-free travel regime.

Please note that the citizens of certain countries (including Georgia, Moldova, Ukraine), can benefit from a visa-free travel regime only if they are in possession of a biometric passport, i.e. a passport that can be read by electronic and optical devices designed for this purpose, and issued in accordance with the standards of the International Civil Aviation Organisation (ICAO).

Such a passport must be:

• issued within the last 10 years
• be valid for at least 3 months after the planned date of departure from the Schengen area.

The period of time during which a foreign national may benefit from a visa-free stay is 90 days within each 180-day period – and the total period of the foreign national’s stay in the territory of all Schengen States is taken into account. After the expiry of this period, a foreign national who wishes to continue to reside and work in Poland is required to hold an appropriate visa or a temporary residence permit.

A 90-day stay within a 180-day period should be calculated as follows:

• the day of crossing the border of a Schengen State is considered to be the first day of stay in the Schengen area
• the day of departure from the border of a Schengen State is considered to be the last day of stay in the Schengen area

The 180-day period is not predetermined. It is flexible, based on a backward calculation taking into account each day of the stay.

Absence for a continuous period of 90 days in the Schengen area always entitles to a new stay of up to 90 days.

Read under which conditions a foreign national can extend their stay under a visa-free travel regime (PL).

Please note! Citizens of certain countries or special administrative regions may re-enter Poland under a visa-free travel regime without the 180-day limit, on the basis of bilateral agreements governing visa-free travel concluded by Poland with these countries (for example, Israel, the USA, Mexico, Japan, South Korea).

A foreign national who wishes to benefit from a visa-free travel regime must additionally fulfil all of the following conditions:

• have a justified purpose and conditions of the planned stay
• have sufficient financial means for subsistence during their stay and for their return to their country of origin
• not be included in the Schengen Information System (SIS)
• not be considered to be a threat to public order, internal security, public health or international relations for any of the EU Member States, and in particular not be a person listed in national databases for the purpose of refusing entry.

Remember that the legal stay of a foreign national in Poland under the visa-free travel regime does not exempt them from the obligation to obtain a work permit, the entry of the employer’s declaration on the intent to entrust work to a foreign national in the register of the poviat employment office, a seasonal work permit or a certificate on entry of an application for such a permit in the register of applications.

Residence permit

Temporary residence permit

A temporary residence permit may be issued to a foreign national:

• based on circumstances justifying residence in Poland for a period longer than 3 months. Such a residence permit entitles its holder to work in Poland. It is issued for a specified period of time, depending on the purpose of the foreign national’s stay (e.g. work, studies, business activity), however, for no longer than 3 years. The foreign national may apply for an extension of this permit.

Remember that a foreign national can also obtain a temporary residence permit and a work permit, i.e. a single permit, in a single administrative procedure. As a result, you do not need to obtain a work permit for him/her.

• based on seasonal work, when the permit’s purpose is to perform such work in Poland. Such a residence permit entitles to perform work in Poland. A temporary residence permit is granted for the period of validity of the seasonal work permit, however, for no longer than 9 months, calculated from the date of the first entry on the basis of a visa or under the visa-free travel regime for the purposes of seasonal work, occurring in a given calendar year.

Read under what conditions a foreign national may apply for a temporary residence permit (PL) – an example from the Warmińsko-Mazurskie Voivodeship.

Please note! The only temporary residence permit that does not entitle the foreign national to work in Poland is a temporary residence permit issued due to the foreign national’s short-term stay in the territory of Poland resulting from an obligation to appear before a Polish public authority or due to an important interest of the foreign national or the interest of Poland.

Permanent residence permit

A permanent residence permit is issued to a foreign national who fulfils the conditions set out in Article 195(1) of Act on foreign nationals.

Read in which cases and how a foreign national may apply for a permanent residence permit (PL) – an example from the Podlaskie Voivodeship.

The permit is issued for an indefinite period of time and entitles the foreign national to work in Poland. If the foreign national holds a permanent residence permit, you are exempt from the obligation to obtain a work permit for them in Poland.

EU long-term residence permit

An EU long-term residence permit is generally issued to a foreign national who has been legally and continuously residing in Poland for at least 5 years directly before the submission of the application for this permit and meets all of the following conditions:

• has a source of stable and regular income sufficient to cover their living expenses and those of their dependent family members
• has health insurance with the Polish National Health Fund (NFZ) or travel medical insurance with a minimum cover of EUR 30,000, valid for the duration of the stay in Poland
• has a proven command of the Polish language

The permit is issued for an indefinite period of time and entitles the foreign national to perform work in Poland. If the foreign national holds an EU long-term residence permit, you are exempt from the obligation to obtain a work permit for them in Poland.

Find out how to obtain an EU long-term residence permit (PL) – an example from the Mazowieckie Voivodeship.

Employment of foreign nationals benefitting from protection

Foreign nationals may apply for and benefit from national or international protection in Poland.

The forms of protection that legalise a foreign national’s stay in Poland:

• refugee status
• subsidiary protection
• temporary protection
• humanitarian residence permit
• permit for tolerated stay
• temporary residence permit for victims of trafficking.

If a foreign national benefits from the above-mentioned forms of protection in Poland, their employer is exempt from the obligation to obtain a work permit for them.

This also applies to foreign nationals applying for international protection, provided that they have a certificate issued by the Head of the Office for Foreigners confirming that the procedure for issuing a decision on granting refugee status is prolonged through no fault of their own.

What is a residence card

A residence card is a document issued to a foreign national who has been granted:

• temporary residence permit
• permanent residence permit
• EU long-term residence permit
• refugee status in Poland
• subsidiary protection
• humanitarian residence permit in the territory of Poland.

During its validity period, the residence card confirms the identity of the foreign national during their stay in Poland and entitles them, together with the travel document, to cross the Polish border multiple times without the need to obtain a visa.

The residence card is also a residence permit which, in addition to a valid Polish long-stay visa, entitles its holder to travel within the territory of other Schengen States for a period not exceeding 90 days in any 180-day period, provided that the foreign national:

• has a valid travel document
• justifies the purpose and conditions of the planned stay
• has sufficient means of subsistence or the legal possibility of obtaining them
• is not considered to be a threat to public order, internal security, public health or the international relations of any of the Member States, in particular is not listed in national databases of the Member States for the purposes of refusing entry
• is not on the national list of alerts for refusal of entry of the Member State concerned.

If the foreign national has a valid residence card, you can be sure that their stay in Poland is legal and you can entrust them with work after obtaining for them a work permit, a seasonal work permit, the entry of a declaration on the intention to entrust work to a foreign national, unless the foreign national is exempt from the obligation to have a work permit.

What the note “access to the labour market” on the residence card means

Some of the residence cards have the note “access to the labour market”. Such a note is made when a foreign national is granted a work permit to work in Poland or is exempted from the obligation to have a work permit as a result of holding:

• temporary residence permit
• permanent residence permit
• EU long-term residence permit

These notes are not made on residence cards issued to foreign nationals in connection with the granting of refugee status, subsidiary protection or a humanitarian residence permit.

Please note! The lack of the note “access to the labour market” on the residence card does not mean that a foreign national may not perform work in Poland. For example, a foreign national with refugee status, despite the fact that he/she does not have such a note in the residence card, may perform work in Poland, and without the need to obtain a work permit.

Remember also that the note “access to the labour market” on the residence card does not mean that the foreign national has full access to the Polish labour market. Access may be limited, for example, to a specific employer and job position, if the foreign national holds a temporary residence and work permit.

Residence and work based on a stamp

Residence

The voivode stamps the foreign national’s travel document with a stamp confirming that the foreign national has submitted an application that has no formal deficiencies or that the formal deficiencies have been corrected within the deadline.

A foreign national must, no later than on the last day of their legal stay in the territory of Poland, apply for:

• Schengen visa extension
• long-stay visa extension
• temporary residence permit
• permanent residence permit
• EU long-term residence permit
• extending the period of stay in Poland under the visa-free regime by another 90 days, in the case of nationals of Brazil, Argentina, Chile, Honduras, Costa Rica, Nicaragua, Singapore and Uruguay

The stamp legalises the foreign national’s stay in Poland from the date of submission of the application until the date on which the decision in this regard becomes final.

The stamp also enables the foreign national to leave the territory of Poland before such proceedings are completed. However, it does not entitle the foreign national to re-enter the territory of Poland or to travel within the Schengen area.

Work and residence

A foreign national who, on the last day of their legal residence in Poland at the latest, has submitted a formally correct application for a temporary residence permit, including a temporary residence and work permit, i.e. the so-called single permit, for a permanent residence permit or an EU long-term residence permit, will receive a stamp in their passport confirming that the relevant application has been submitted.

The stamp in a passport entitles a foreign national to work in the territory of Poland during the period awaiting a temporary residence permit, a permanent residence permit or an EU long-term residence permit if the foreign national, immediately before submitting the application for a temporary residence permit, fulfilled one of the following conditions:

• had a valid work permit
• had a valid employer’s declaration entered in the register or registered by the competent poviat employment office
• performed work on the basis of a declaration on entrusting work to a foreign national and has applied for a temporary residence permit due to continuation of work for the same employer, who had previously employed the foreign national for at least 3 months in connection with the declaration, in the same position and under an employment contract
• was exempt from the obligation to obtain a work permit
• had a residence permit valid for the territory of Poland which entitled them to perform work.

The stamp also entitles the foreign national to leave Poland before such proceedings are completed. However, it does not entitle the foreign national to re-enter the territory of Poland or to travel within the Schengen area.

Please note! Confirmation of receipt of an application for a residence permit by the voivodship office is not tantamount to the stamp in the passport (red stamp), as it is only a confirmation of receipt of documents submitted by the foreign national to the office. In practice, the stamp is often placed only after some time – after the application is verified in terms of formal correctness and the foreign national is called in to the office. In the absence of the stamp, the performance of work by a foreign national may be – during an inspection by the National Labour Inspectorate or Border Guard – deemed illegal already from the moment of expiry of the previously held documents under which the foreign national legally worked.