Employing UK citizens in Poland after Brexit: Guide for Employers

Updated: 18.12.2024

Following the UK’s departure from the European Union, the legal status of UK citizens underwent a notable transformation. The agreement on the UK’s withdrawal from the EU, commonly referred to as the Brexit Agreement, sets out the rules for UK citizens to remain in and work in EU member states, including Poland.

It is important for employers who wish to hire British citizens to be aware of the applicable rules and the differences based on whether or not a person is a beneficiary of the Withdrawal Agreement.

This article presents the key issues related to the employment of UK citizens in Poland, taking into account the current provisions of Polish laws regulating the stay and work of foreigners in Poland and the regulations arising from the Withdrawal Agreement between the EU and the UK.

What are the groups of UK citizens after Brexit?

After brexit, UK citizens who stay in Poland or come to Poland can be divided into two main groups based on the extent of their right to stay and work in Poland:

Beneficiaries of the Withdrawal Agreement

The beneficiaries of the Withdrawal Agreement are those UK citizens who:

• resided continuously in Poland before the end of the transition period, i.e., before December 31, 2020 (even if they entered Poland before the end of the transition period, i.e., between January 1, 2020 and December 31, 2020), and
• are also resident in Poland after December 31, 2020.

Residence in Poland is considered uninterrupted if:

1. interruptions in residence did not exceed a total of 6 months in a calendar year, or
2. admittedly, the interruptions in residence exceeded a total of 6 months in a calendar year, but leaving the territory of Poland was due to:

• performing compulsory military service,
• important personal situation, in particular pregnancy, childbirth, illness, studies, vocational training, secondment, which requires stay outside this territory,

provided that the period of departure from the territory of Poland is no longer than 12 consecutive months.

Beneficiaries of the Withdrawal Agreement have the right to continue to stay and work in Poland on similar terms to those in effect before Brexit, i.e. they can stay and work in Poland freely, without having to obtain any permits. They also have the right to obtain a special document confirming their identity and status – a Residence Card with the annotation “beneficiary of the Withdrawal Agreement.”

Can UK citizens work in Poland without special rights after brexit?

UK citizens who arrived in Poland only after January 1, 2021, or who have not otherwise met the conditions for recognition as beneficiaries of the Withdrawal Agreement, are treated as third-country citizens.

This means that they do not have special rights related to Brexit and are subject to the standard provisions of Poland’s law on foreigners, among others. the employer is required to first obtain a work permit before the foreigners start working. However, it is worth noting that in certain circumstances they may be exempt from the permit requirement, for example, if they have refugee status or are spouses of Poland citizens.

How to employ a citizen of the UK in Poland – a beneficiary of the Agreement on Appearance in Poland?

Employers planning to hire a UK citizen who is a beneficiary of the Withdrawal Agreement should carry out several key steps:

1. Status verification

Before hiring, an employer should verify the individual ‘s status as a beneficiary of the Brexit agreement.

Ideally, a UK citizen will have a Residence Card with the notation “beneficiary of the Withdrawal Agreement.” This is a document confirming that the UK citizen enjoys the rights under brexit and can legally work in Poland without obtaining additional permits.

On the other hand, if the UK citizen does not have such a document , it does not automatically mean that the foreigner is not a beneficiary of the brexit agreement. In this case, the employer must carry out a factual analysis based on the documents presented by the foreigner, such as:

• previous permits obtained by the UK citizen on registration of residence of an EU citizen in Poland,
• data resulting from the foreigner’s travel documents (e.g., stamps of the Border Guard in the passport with dates of crossing the Poland border),
• certificates of registration for residence in Poland covering the period before brexit, the transition period and the subsequent period,
• contracts concluded with Poland’s employers (employment contracts, contracts of mandate or contracts for specific work) covering the period before brexit, the transition period and the subsequent period,
• residential tenancy agreements covering the pre-Brexit period, the transition period and the subsequent period,
• labor certificates covering the period before brexit, the transition period and the subsequent period,
• other documents confirming the fact of staying in Poland before the date of brexit, during the transition period and thereafter.

It would be a good move for the employer to entrust the analysis of the candidate’s status as a beneficiary of the Brexit Agreement to lawyers, given the complicated nature of the regulations in this regard and the serious (for both the employer and the foreigner) consequences of illegally entrusting work to a foreigner.

2. Employment procedure

After verification of the status of a UK citizen, the employment procedure is analogous to the employment of EU citizens, i.e. without unnecessary formalities. The employer does not need to apply for a work permit, and the UK citizen performs work on the same basis as EU citizens.

However, it is necessary to remember to fulfill all other requirements for employment, such as concluding an employment contract and notifying the employee to the Social Insurance Institution (Social Insurance Institution).

How to employ a UK citizen in Poland who is not a beneficiary of the Withdrawal Agreement?

Employing a UK citizen who is not a beneficiary of the Withdrawal Agreement involves meeting additional legal requirements.

Work permit

A UK citizen who is not a beneficiary of the Withdrawal Agreement is treated as a non-EU foreigner . This means that he must obtain a work permit before starting work in Poland . An employer wishing to hire such an employee must first apply for the appropriate permit to the provincial governor with jurisdiction over the place of work.

Validity period

A work permit is issued for a fixed period, not exceeding 3 years. If a foreigner serves on the board of directors of a legal entity that employs more than 25 people as of the date of application, the governor may issue a work permit for a period of up to 5 years.

Conditions specified in the permit

Work permits are issued for a specific employer, a specific foreigner and in a specific place and position, for a specified period of time. Any change in the terms and conditions of employment may require a new work permit, an amendment to the work permit or, at the very least, notification to the competent authority.

Procedure for obtaining a work permit

An application for a work permit for a specific candidate is submitted to the competent authority by the employer.

The competent authority to grant a work permit is the provincial governor with jurisdiction over the employer’s seat/place of residence.

Along with the application, the employer should pay a stamp duty:

• PLN 50 – if the employer intends to entrust work to a foreigner for a period not exceeding 3 months,
• PLN 100 – if the employer intends to entrust work performance to a foreigner for a period exceeding 3 months,
• PLN 200 – if the employer trustor intends to delegate a foreigner to perform work in the territory of Poland for the performance of services for export.

Here is a standard list of required documents that should be submitted with the application for a work permit:

1. employer’s statement of no criminal record,
2. a copy of the candidate’s passport,
3. a certificate from the starost on a positive labor market test (unless an exemption applies),
4. documents confirming the qualifications required in the certificate of positive labor market test
5. proof of payment of stamp duty.

Deadline

According to procedural regulations, a work permit should be issued within 1 month, and in complicated cases within 2 months, but in practice permits are issued within 3-6 months(depending on the region).

It should be noted that it may be necessary to obtain a labor market test certificate before starting the work permit procedure .

Labor market test

As a rule, the application for a work permit is preceded by a labor market test by the competent authority and the issuance of a labor market test certificate.

It should be noted that Poland’s unemployed citizens have priority in employment over foreigners, and therefore Poland’s immigration laws require a procedure in which the district labor office verifies that there are no qualified candidates registered as unemployed in the local labor market who could take a job with an employer intending to hire a foreigner.

If the district labor office does not find a suitable candidate, the starost (head of the district labor office) will issue a certificate of inability to meet the employer’s staffing needs in the local labor market.

National visa and visa-free travel

Although UK citizens can enjoy visa-free travel, which allows them to stay in Poland for up to 90 days within a 180-day period, if you plan a longer work-related stay, you may need to obtain a national (long-term) visa. This visa allows free travel to Poland and around the Schengen countries.

The visa can only be issued by a Poland consul abroad. The visa application is submitted by the foreigner to the embassy or consulate with jurisdiction over the foreigner’s place of residence.

Employment procedure

After obtaining a work permit and a possible visa, a UK citizen can be legally employed. This process includes the conclusion of a contract (employment, contract of mandate, contract for specific work), notification to the Social Insurance Institution and completion of all other formalities, which apply to the employment of foreigners in Poland.

Employment of UK citizens in Poland: What do you need to know after Brexit?

Employing a UK citizen in Poland after brexit requires employers to be aware of new regulations and procedures. It is crucial to distinguish whether or not a person is a beneficiary of the Withdrawal Agreement, which determines their rights to work without additional permits.

For UK citizens who are not beneficiaries of the Agreement, it is necessary to first obtain a work permit and a possible visa.

Adherence to these rules will allow legal and hassle-free employment of Britons in Poland.

FAQ: Employing UK Citizens After Brexit

For detailed assistance in employing UK citizens in Poland and navigating complex Brexit-related laws, contact our legal experts at [email protected] or check our blog. Ensure compliance and streamline your hiring process with professional support.