Who can work without a permit in Poland?

When hiring an employee from outside the EU or EEA, the employer must obtain the following documents:

  • Work permit;
  • Documents to obtain a visa;
  • Temporary residence permit for the purpose of work.

Citizens of Ukraine, Belarus, Georgia, Armenia and Moldova may work on the basis of an application submitted by the employer to the labor office for entrusting work to a foreigner, allowing them to work for 24 months without the need to obtain a work permit.

A foreigner may work in Poland without permission if:

  • Has refugee status granted in the Republic of Poland;
  • He was granted subsidiary protection in the Republic of Poland;
  • Has a permanent residence permit in the Republic of Poland;
  • Has a residence permit for a long-term resident of the European Union in the Republic of Poland;
  • Has a residence permit for humanitarian reasons;
  • Has a permit for tolerated stay in the Republic of Poland;
  • Enjoys temporary protection in the Republic of Poland;
  • Has a valid certificate issued pursuant to Art. 35 sec. 1 of the Act of 13 June 2003 on granting protection to foreigners within the territory of the Republic of Poland;
  • Is a citizen of a Member State of the European Union;
  • Is a citizen of a European Economic Area country not belonging to the European Union;
  • Is a citizen of a country that is not a party to the agreement on the European Economic Area, who may use the freedom of movement of persons on the basis of an agreement concluded by that country with the European Community and its Member States;
  • Is a citizen of the United Kingdom of Great Britain and Northern Ireland, referred to in art. 10 sec. 1 lit. b and d of the Withdrawal Agreement, or a member of his family referred to in Art. 10 sec. 1 lit. e and f of this agreement;
  • Accompanies the foreigner referred to in points 7-9 of Art. 87 of the Act on employment promotion and labor market institutions (i.e. a citizen of a European Union Member State, a citizen of a European Economic Area country not belonging to the European Union), as a family member within the meaning of the Act of 14 July 2006 on entering the territory of the Republic of Poland , stay and departure from this territory of citizens of European Union Member States and their family members;
  • Accompanies a Polish citizen on the territory of the Republic of Poland as a family member within the meaning of Art. 2 point 4 lit. b of the Act of 14 July 2006 on entering, staying and leaving the territory of the Republic of Poland for citizens of the European Union Member States and their family members;
  • Is a person referred to in Art. 19 sec. 2 and 3 of the Act of 14 July 2006 on entering, staying and leaving the territory of the Republic of Poland for citizens of the European Union Member States and their family members;
  • Has a temporary residence permit referred to in art. 114 sec. 1 or 1a (the so-called uniform permit for temporary residence and work), art. 126 (temporary residence permit in the case of performing functions in the management board of a legal person), art. 127 (the so-called EU Blue Card), art. 139a sec. 1 (temporary residence permit for the purpose of performing work as part of an intra-corporate transfer), art. 139o sec. 1 (temporary residence permit for the purpose of long-term mobility of a managerial employee, specialist or employee undergoing an internship, as part of an intra-corporate transfer) or art. 142 sec. 3 (a permit to perform work by performing functions in the management board of a limited liability company or a joint-stock company which a foreigner established or whose shares or stocks he acquired or acquired, or running the affairs of a limited partnership or limited joint-stock partnership by a general partner, or acting as a proxy) of the Act of 12 December 2013 on foreigners - under the conditions set out in this permit, unless the law allows for their change;
  • Stays on the territory of the Republic of Poland in connection with the use of short-term mobility of a managerial employee, specialist or employee undergoing an internship as part of an intra-corporate transfer under the conditions set out in art. 139n sec. 1 (notification of the foreigner's intention to use short-term mobility) of the Act of 12 December 2013 on foreigners;
  • Stays on the territory of the Republic of Poland in connection with the use of the researcher's short-term mobility under the conditions set out in Art. 156b sec. 1 (conditions for the admissibility of short-term mobility of a scientist on the territory of the Republic of Poland) of the Act of 12 December 2013 on foreigners;
  • Stays on the territory of the Republic of Poland in connection with the use of student mobility under the conditions set out in art. 149b sec. 1 (conditions for the admissibility of student mobility on the territory of the Republic of Poland) of 12 December 2013 on foreigners;
  • Has a work permit and resides in the territory of the Republic of Poland;
  • On the basis of a visa, with the exception of a visa issued for the purpose referred to in art. 60 sec. 1 point 1 or 22 of the Act of 12 December 2013 on foreigners, or based on Article. 108 sec. 1 point 2 or art. 206 sec. 1 point 2 of the Act of 12 December 2013 on foreigners or on the basis of a stamp imprint placed in the travel document, which confirms the submission of an application for a residence permit for a long-term resident of the European Union, if immediately before submitting.

A work permit is also not required for foreigners directed to Poland by a foreign employer (if they maintain their permanent place of residence abroad) for a period not exceeding three months in order to:

  • Assembly, maintenance and repair of the delivered equipment, structures, machines or other equipment, if the foreign employer is their manufacturer;
  • Receipt of ordered devices, machines, constructions and other devices manufactured by a Polish manufacturer;
  • Training of employees of the Polish employer - recipient of devices, structures, machines or other devices for their operation or use;
  • Assembly and disassembly of exhibition stands, their maintenance, if the exhibitor is a foreign employer who sends them for this purpose.

This list contains general rules concerning the right to work without a permit and exemption from the obligation to hold a work permit for certain categories and groups of foreigners.

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