How to obtain work permit in Poland?

Updated: 10.12.2024

Provisions of Polish immigration law are formulated in a very casuistic way. Whether a foreigner needs legalization of employment before or after starting work and whether s/he can freely change employers in future depends on many factors, sometimes non-obvious and non-intuitive for the employer.

The possible path of legalization of work is determined not only by citizenship and employment conditions, but also by, for example, the fact of completing higher education in Poland, belonging to Polish nationality, or the specific nature of the work performed.

The basic criterion for the division into methods of legalizing employment is, of course, the foreigner’s citizenship.

Is work permit required for citizens of EU, EEA and Switzerland?

Citizens of the European Union, the European Economic Area and Switzerland can work in Poland without the need to apply for a work permit, and on the same terms as Polish citizens (i.e. without any restrictions).

Is work permit required for citizens of Ukraine and certain family members?

Special act on help to Ukraine citizens was enacted by the Polish Parliament on 12.03.2022 (the Act on assistance to Ukrainian citizens in connection with an armed conflict in the territory of that state – link – Special Act) and introduced, among others, significant facilitations in the employment of Ukrainian citizens in Poland – practically allowing the employment of Ukrainian citizens (and certain family members) on very similar terms as Polish citizens. 

The general rules state that if a stay of Ukrainian citizen (and certain family members) in Poland is legal – s/he has the right to work in Poland for the period of legal stay.

Persons who may stay and work in Poland until September 30, 2025 (the deadline may be extended later depending on the situation in Ukraine):

• Ukrainian citizens, their spouses, children and their spouses’ children who legally came to Poland from Ukraine on 24.02.2022 or later,
• Ukrainian citizens that are in possession of the Poles card and their spouses and closest family who legally came to Poland on 24.02.2022 or later.

Persons who may work in Poland for the period of legal stay (which is based on different legal act than Special Act):

• Ukrainian citizens, who are residing in Poland legally based on visa free regime or Polish visa or Polish residence card or valid visa or residence card of other Schengen country,
• citizens of Ukraine entitled to stay and staying in Poland from date earlier than 24.02.2022, who are not in possession of any document confirming the legality of stay, but their stay in Poland is “considered as legal” (for example in case if they submitted the application for a residence permit during their legal stay but haven’t receive a decision yet).

Notification of employment

The employer is obliged to notify the local poviat labor office (competent for the registered seat of the employer) about employment of Ukrainian citizens (or certain family members) within 7 days via praca.gov.pl platform.

The link to the notification form may be found here

Limits

The Special Act provides a possibility that a competent Minister may issue a special ordinance limiting the maximum number of Ukrainian employees per employer (in reference to total number of employees). There are no such limits at the moment.

What is declaration procedure? Available instead of work permit for citizens of Ukraine, Belarus, Moldova, Georgia and Armenia

Declaration procedure (or Entrustment procedure) is a simplified path, available for citizens of selected countries, under which the employer may hire them after completing registration of declaration on intention to entrust work to a particular candidate. The declarations are registered for the validity period up to 24 months.

The declaration procedure is initiated by the employer who intends to employ the foreigner. The employer needs to file a declaration to the competent authority with respect to a specific candidate.

Declaration procedure

Deadline

There is no deadline to file a declaration, however the employer shall be aware that the procedure takes couple of days and the foreigner cannot commence work prior to successful registration of the declaration.

Available for citizens of:

• Ukraine,
• Belarus,
• Moldova,
• Georgia, and
• Armenia.

Authority:

The declaration is registered by the district labor office competent for the employer’s registered office.

Application form:

• electronically via praca.gov.pl, or
• paper format at competent office (in Warsaw only electronic form is available).

Fee: 100 PLN

Documents

• List of documents in Warsaw
• Guide how to fill in the declaration in Warsaw

Example list of required documents in Warsaw:

• completed entrustment declaration – the form
• scan of all completed pages of a valid travel document of the foreigner to whom the application relates,
• scan of the proof of payment for submitting the declaration,
• scan of the employer’s registration excerpt.

Timing:

• 7 days – if explanatory procedure is not required (which is usually the case),
• 30 days – if explanatory procedure is required,
• 2 months – in particularly complicated matters.

Registration and delivery

If the declaration and attachments meet all the requirements, competent authority enters the declaration into the register. Confirmation of registration is delivered to the employer in hard copy or in electronic form (depending on the city, e.g. in Warsaw only electronically).

Notification of employment

The employer is obliged to notify the local poviat labor office commencement of work of foreign citizens within 7 days. The employer is also obliged to notify the local poviat labor office about failure to start work by a foreigner within 7 days from the date of expected (declared) commencement of work.

Notification may be completed:

• via the praca.gov.pl platform,
• by post, or
• in person at the competent poviat labor office.

Work permit for non-EU foreigners

In accordance with Polish immigration law, foreigners, as a rule, require a work permit to work in Poland unless:

• they are exempted from obligation to obtain work permit or
• they benefit from simplified procedures (see. point 2, 4, 5, 6, 7, 8).

If none of the above circumstances apply, a permit must be obtained in advance to employ a foreigner.

Validity period

A work permit in Poland is issued for a specified period of time, not longer than 3 years. If a foreigner serves on the management board of a legal person which, as at the date of submitting the application, employs more than 25 people, the voivode may issue a work permit for a period not longer than 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 specific period. Any change to the employment terms may require obtaining new work permit, amendment to the permit or at least notification to the competent authority.

Types of work permits:

A. Work in PL for Polish entity

Applies to a foreigner who will perform work in Poland on the basis of an agreement with an entity whose seat or place of residence, plant or other form of organized activity is located in Poland,

B.Work in PL as a manager

Applies to a foreigner who will perform work as a management board of a legal person entered in the register of entrepreneurs or being a capital company in organization, or in connection with running the affairs of a limited partnership or limited joint-stock partnership as a general partner, or in connection with function of registered proxy – for a total period exceeding 6 months in consecutive 12 months,

C. Work in PL for foreign employer with local presence in Poland

Applies to a foreigner who will perform work for a foreign employer and will be posted to the territory of Poland for a period of more than 30 days in a calendar year to a branch or plant of a foreign entity or a related entity,

Please see – exemption work in Poland for 30 days or less for foreign employer with local presence

D. Work in PL for foreign employer without local presence in Poland

Applies to a foreigner who will perform work for a foreign employer without a branch, establishment, or other form of organized activity on the territory of Poland and will be posted to the territory of Poland in order to provide a temporary and occasional service (export service),

E. Work in PL for foreign employer for other purposes

Applies to a foreigner who will perform work for a foreign employer and is posted to the territory of Poland for a period of more than 30 days within consecutive 6 months for a purpose other than for the type B, C, D permits.

There is one additional work permit – type S – which is not reflected in this Migration Report as it relates to employment in seasonal works i.e. in agriculture and hospitality.

What is the procedure for obtaining a Polish work permit?

The work permit procedure is initiated by the employer who intends to employ the foreigner. The employer needs to file a work permit application with respect to a specific candidate to the competent authority.

Deadline

There is no deadline to apply for work permit in Poland, however the employer shall be aware that the procedure is lengthy and the foreigner cannot commence work prior to issue of the permit, 

Prior to initiating a work permit procedure, the employer might be required to obtain the labor market test certificate.

Authority

Voivode competent for the seat / place of residence of the employer

List of voivodeship offices websites: https://www.gov.pl/web/gov/uw

Application form:

• electronically via praca.gov.pl (however some documents still might need to be provided in original, in hard copy to the competent authority office), or
• paper format at competent voivodeship office.

Fees

• PLN 50 – if the employer intend to entrust work to a foreigner for a period not exceeding 3 months (type A, B, C and E permit),
• PLN 100 – if the employer intend to entrust work to a foreigner for a period exceeding 3 months (type A, B, C and E permit),
• PLN 200 – if the employer entrusting work to a foreigner intends to delegate the foreigner to the territory of the Republic of Poland in order to perform an export service (type D work permit).

Documents

Each type of work permit requires different documents to be provided along with the work permit application, Lists of documents are published on local websites of the voivodeship offices.

List of voivodeship offices websites.

List of documents in Warsaw for each type of work permit in Poland:

1. https://www.gov.pl/web/uw-mazowiecki/zezwolenie-na-prace-typ-a,
2. https://www.gov.pl/web/uw-mazowiecki/zezwolenie-na-prace-typ-b2,
3. https://www.gov.pl/web/uw-mazowiecki/zezwolenie-na-prace-typ-c,
4. https://www.gov.pl/web/uw-mazowiecki/zezwolenie-na-prace-typ-d,
5. https://www.gov.pl/web/uw-mazowiecki/zezwolenie-na-prace-typ-e.

Example list of required documents for an application for type A work permit:

• completed permit application,
• non-criminal record statement of the employer,
• articles of association of the employer (or registration excerpt),
• copy of candidate passport,
• labor market test certificate unless exemption applies,
• documents proving qualifications, in particular as required by the labor market test certificate.

Timing

In accordance with procedural rules the work permit shall be issued within 1 month, and in complicated cases within 2 months, however in practice the permits are issued within 3-6 months (depending on the city),

It shall be noted that prior to commencement of work permit procedure it might be necessary to obtain the labor market test certificate.

Labor market test

As a rule the work permit application is preceded by performing labor market test by competent authority and issuing a labor market test certificate.

It shall be underlined that unemployed residents have priority in employment over foreigners as a result Polish immigration legislation requires to perform a procedure where the poviat labor office verifies whether there are no candidates with appropriate qualifications registered as unemployed on the local labor market that could work for the employer intending to hire a foreigner.

Should the poviat labor office fail to find an appropriate candidate, the staroste (head of poviat labor office) will issue the certificate about the inability to meet the staffing needs of the employer on the local labor market.

Authority

Starosta (head of poviat labor office) competent to the place of work

Application form:

• electronically via praca.gov.pl, or
• paper format at a competent authority.

Fees

Free of charge.

Documents:

• request for a certificate,
• work offer.

Timing

The certificate will be issued within:

• 14 days – if the analysis of registers does not show candidates meeting the work requirements,
• 21 days – in the case of organizing recruitment among the unemployed and jobseekers,
• immediately – if, in the last 6 months, the staroste has recruited for the same position.

Certificate validity period

180 days or, in justified cases, 90 days.

Exemptions from obligation to obtain labor market certificate:

• local deficit profession regulation – i.e. if the work to be performed by the foreigner is included in the list of deficit professions, published in the local regulation of the voivode (regional governmental authority) competent for the place of work by the foreigner,
• national deficit profession regulation – i.e. if the work to be performed by a foreigner is included in the appendix to the regulation of the Minister of Labor and Social Policy of 10.01.2019 – these include, among others, doctors, nurses, programmers, database designers, carers of the elderly, bricklayers, painters, locksmiths, bus drivers,

general exclusions:

• nursing and care work or as domestic help, to be performed by citizens of: Armenia, Belarus, Georgia, Moldova, Russia or Ukraine,
• sports trainer, athlete, dentist or doctor undergoing training or implementing a specialization program,
• foreigner authorized to represent a foreign entrepreneur in his branch or representative office located in Poland,
• foreigner who is a relative of a diplomatic employee or an employee of a branch of an international organization in Poland or works as a private domestic service for such employees,
• foreigner who is a doctoral student at one of the Polish universities or who has graduated from a university in Poland, the European Union, Switzerland, Norway, Iceland or Liechtenstein in the last 3 years,
• foreigner who has lived continuously in Poland for 3 years before submitting the application (the stay of a foreigner is considered uninterrupted, if no break was longer than 6 months and all breaks in total did not exceed 10 months in total),
• citizen of Armenia, Belarus, Georgia, Moldova or Ukraine, who in the period immediately preceding the submission of the application for a work permit was employed for a period of at least 3 months with the same employer and in the same position – in accordance with the declaration on entrusting work to a foreigner entered in the declaration of declarations – provided that a declaration on entrusting work to a foreigner entered in the declaration and employment contract is presented, as well as documents confirming payment of social security contributions.

Who is exempt from the obligation to obtain a work permit in Poland?

The list of exemptions from obligation to obtain work permit is extensive and covers inter alia:

• a full-time student,
• a graduate of studies at a Polish university,
• a graduate of a secondary school in the Republic of Poland,
• a citizen of Armenia, Belarus, Georgia, Moldova or Ukraine, who performs work outside the scope of activities for which seasonal work permits are issued, for a period not longer than 24 months, if the poviat labor office entered a declaration before starting work by a foreigner on entrusting work to a foreigner for the record of declarations, the date of commencement of work indicated in the submitted declaration will take place no later than 6 months from the date of submitting the declaration, and the amount of the foreigner’s remuneration will not be lower than the remuneration of employees performing work of a comparable type or in a comparable position,
• a valid Pole’s Card holder,
• a foreigner with the refugee status granted in the Republic of Poland,
• a foreigner who has been granted with a subsidiary protection in the Republic of Poland,
• a foreigner who has a permanent residence permit in the Republic of Poland,
• a foreigner who has a residence permit for a long-term resident of the European Union in the Republic of Poland,
• a foreigner who has a residence permit for humanitarian reasons,
• a foreigner who has a permit for tolerated stay in the Republic of Poland,
• a foreigner who benefits from temporary protection in the Republic of Poland,
• a foreigner who has a valid certificate issued under Art. 35 sec. 1 of the Act of 13.06.2003 on granting protection to foreigners within the territory of the Republic of Poland,
• a citizen of the European Union, EEA or Switzerland,
• a foreigner who accompanies an EU, EEA or Swiss citizen on the territory of the Republic of Poland, as a family member of an EU citizen,
• a family member (spouse or child) of an EU citizen, who is not an EU citizen, but has the right to stay in the territory of the Republic of Poland,
• a foreigner who has a temporary residence and work permit, EU Blue Card, a temporary residence permit for the purpose of performing work by a foreigner delegated by a foreign employer or a temporary residence permit in connection with running a business – under the conditions specified in this permit,
• a foreigner who stays on the territory of the Republic of Poland in connection with the use of mobility or intra-corporate transfer,
• a foreigner who has a temporary residence permit in the Republic of Poland granted for studies, scientific research, for the purpose of family reunification, for victims of trafficking in human beings, a temporary residence permit due to the long-term EU resident status in another Member State or special rights for Turkish citizens,
• a spouse of a Polish citizen or a foreigner and has a temporary residence permit in the territory of the Republic of Poland granted in connection with entering into a marriage,
• a descendant of a Polish citizen or a foreigner with a temporary residence permit in the territory of the Republic of Poland,
• a foreigner who has a temporary residence permit in the territory of the Republic of Poland granted to mobility users and their families,
• a foreigner who resides in the territory of the Republic of Poland on the basis of a stamp placed in the travel document, which confirms the submission of an application for a temporary or permanent residence permit or a long-term resident of the European Union, if immediately before submitting the application, he was exempt from the obligation to have a work permit,
• a foreigner who is entitled to reside and work in the territory of an EU Member State, EEA or Switzerland, which is employed by an employer established in the territory of that state and temporarily delegated by that employer to provide services in the territory of the Republic of Poland,
• a foreigner running trainings, participating in professional internships, advising, supervising or requiring special qualifications and skills in programs implemented under the activities of the European Union or other international aid programs, also based on loans taken by the Government of the Republic of Poland,
• a foreigner delegated to the territory of the Republic of Poland by a foreign employer, if they retain their permanent residence abroad, for a period not exceeding 3 months in a calendar year, in order to:
  • perform assembly, maintenance or repair works, delivered technologically complete devices, structures, machines or other equipment, if the foreign employer is their manufacturer,
  • collect the ordered devices, machines, other equipment or parts, made by the Polish entrepreneur,
  • train of employees of the Polish employer who is the recipient of devices, structures, machines or other equipment referred to in the first point, in terms of its operation or use,
  • assembly and disassembly of exhibition stands, as well as care for them, if the exhibitor is a foreign employer, who delegates them for this purpose,
• a foreigner in relation to which international agreements or separate regulations allow the performance of work without the need for a permit,
• some other categories of foreigners as provided in legal provisions.

Exemption for delegating to work to Poland for the period of 30 days or less for foreign employer with local presence in Poland

This exemption is not explicitly stated in the provisions of law but interpreted out from the legal provision related to C type visa, which is required for a “foreigner who will perform work for a foreign employer and will be posted to the territory of Poland for a period of more than 30 days in a calendar year to a branch or plant of a foreign entity or a related entity”.

It follows a contrario that such a “C type” visa is not required to work for a period of 30 days or less. This interpretation has been confirmed inter alia in the letter of the Ministry of Family, Labor and Social Policy with the reference number DRP.VIII.40321.106.2018. MM on 7.01.2019.

Conditions for exemption applicability:

• a foreigner must be employed by an employer based outside Poland, and
• delegation to Poland must be time-limited (up to 30 days / year),
• in addition – the delegation must be between related entities, i.e.: one entity must exert a significant influence over the other, in particular through 25% equity, voting or property rights.

Poland. Business Harbor Program (for citizens of Ukraine, Russia, Belarus, Moldova, Georgia, Armenia and Azerbaijan)

NOTE! Starting from January 26, 2024 the program Poland Business Harbour is temporarily suspended by decision of the Minister of Foreign Affairs until solutions to ensure proper verification of companies and foreigners who are its beneficiaries are adopted.

Poland. Business Harbor (PBH) is a program that helps selected categories of entrepreneurs (IT specialists, start-ups, small, medium and large enterprises) to relocate to the territory of Poland. The program is not available to non-profit organizations incl. foundations. Employers, who are members of the program, are entitled to issue special invitations based on which the candidates may obtain in so-called “Poland. Business Harbor visa”, which allows a candidate to enter, stay and work in Poland without the need to obtain a work permit for a period up to 1 year.

Here are the principles of PBH program:

• PBH program is available for:
  • the employers who are partners of PBH program,
  • the employees being citizens of Ukraine, Belarus, Moldova, Georgia, Armenia and Azerbaijan,
• based on the invitations issued by the partners of the PBH program, citizens of selected countries may apply for so-called “Poland. Business Harbor visa”,
• PBH visas are issued in fast track procedure by Polish Consulate (in approx. 14 days),
• PBH visas allow the foreigners to enter, stay and work in Poland without the need to obtain a work permit for a period up to 1 year.

Temporary protection granted under EU Law. When work permit is not required?

Temporary protection under EU Law is an exceptional measure to provide immediate and temporary protection to displaced persons from non-EU countries and those unable to return to their country of origin.

It applies when there is a risk that the standard asylum system is struggling to cope with demand stemming from a mass influx risking a negative impact on the processing of claims. The foreigners exercising the temporary protection in Poland may stay and work without a need to obtain the work permit.

Temporary protection for displaced persons from Ukraine

On March 4, 2022, the Council of the EU unanimously adopted the implementing decision introducing temporary protection due to the mass influx of persons fleeing Ukraine as a consequence of the war.

Decision on granting temporary protection:

• Council Implementing Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and having the effect of introducing temporary protection,
• https://eur-lex.europa.eu/eli/dec_impl/2022/382/oj.

Protection was granted for the period:

• Started from February 24, 2022,
• Currently extended until September 30, 2025,
• If war continues further, the Commission may request the Council to extend the temporary protection up to maximum December 4, 2025.

Persons covered by temporary protection:

• persons displaced from Ukraine on or after 24 February 2022, as a result of the military invasion by Russian armed forces that began on that date:
  • Ukrainian nationals residing in Ukraine before 24 February 2022,
  • stateless persons, and nationals of third countries other than Ukraine, who benefited from international protection or equivalent national protection in Ukraine before 24 February 2022 and,
  • family members of the persons referred to in points (a) and (b),
• the following persons shall be considered to be part of a family, in so far as the family was already present and residing in Ukraine before 24 February 2022:
  • the spouse of a person referred to in paragraph 1, point (a) or (b), or the unmarried partner in a stable relationship, where the legislation or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its national law relating to aliens,
  • the minor unmarried children of a person referred to in paragraph 1, point (a) or (b), or of his or her spouse, without distinction as to whether they were born in or out wedlock or adopted,
  • other close relatives who lived together as part of the family unit at the time of the circumstances surrounding the mass influx of displaced persons, and who were wholly or mainly dependent on a person referred to in paragraph 1, point (a) or (b) at the time.

Application to be covered by the regime of temporary protection regime

 Persons covered by operation by of Polish law:

• persons who are covered by the Special Act are deemed to be covered by temporary protection regime by operation of law,
• foreigners who meet the requirements can receive a certificate confirming the use of temporary protection,
• the foreigner may exercise the temporary protection only in one of country of the EU.

Authority

Chief of the Office for Foreigners.

Application:

• by post to the address: Office for Foreigners, ul. Taborowa 33, 02-699 Warsaw,
• electronically via the ePUAP platform,
• in person at the registry office of the office at ul. Taborowa 33 in Warsaw
• by e-mail to the address: [email protected].

Timing

The competent authority shall issue the certificate of protection immediately.

Fee

The application is free of charge.

Right to work in Poland under temporary protection regime

The foreigner who is exercising the right to temporary protection in Poland may stay and work without the need to obtain the work permit.

International protection (refugee status and supplementary protection) – is work permit required?

International protection is a special status that can be granted to the foreigner if s/he faces persecution in the country of origin. If the foreigner does not meet conditions for refugee status, but is exposed in the country of origin, among others, to a serious threat to life or health due to widespread violence against the civilian population in a situation of international armed conflict, s/he may be granted supplementary protection.

Application to be covered by the regime of international protection regime

Authority

Head of the Office for Foreigners.

Application:

• the foreigner may file an application – in person – only in the first European Union country into which he enters,
• the application shall be filed via Border Guard, in particular when crossing the border.

Timing

The decision should be issued within 6 months, but the actual waiting time is approx. 14-15 months.

Fee

The application is free of charge.

Right to work in Poland under international protection regime

The foreigner cannot work in Poland during the first 6 months of the application procedure. After the international protection is granted the foreigner will have the right to work, as well as, run business in Poland.

FAQ – Work permit in Poland

If you have any questions about the Polish work visa or need assistance with the application process, don’t hesitate to contact us at [email protected]. Our team is here to help!