Poland has become an increasingly attractive destination for foreign workers seeking employment opportunities within the European Union. The country's legal framework for employing non-EU/EEA/Switzerland citizens requires careful navigation, primarily involving obtaining the appropriate visa and a work permit. This system is designed to regulate the entry and employment of foreign nationals, ensuring compliance with national labor laws and immigration policies.
Understanding the specific requirements for visas and work permits is crucial for both employers looking to hire international talent and individuals planning to work in Poland. The process involves various steps, documentation, and adherence to specific timelines set by Polish authorities.
Common Visa Types for Foreign Workers
Foreign nationals intending to work in Poland typically require a long-stay national visa (Type D). This visa allows stays exceeding 90 days within a 180-day period and is necessary for individuals who will be employed in Poland. While a short-stay Schengen visa (Type C) permits entry for tourism or business trips up to 90 days within a 180-day period, it generally does not authorize employment. For work purposes, the Type D visa is the standard requirement, often linked to a valid work permit.
Eligibility for a Type D work visa is contingent upon having a confirmed job offer or employment contract from a Polish employer and obtaining the necessary work permit or being eligible for an exemption. Documentation typically includes a completed visa application form, a valid passport, passport-sized photos, proof of accommodation, travel insurance, proof of sufficient funds, and crucially, the original work permit or relevant declaration from the employer.
Work Permit Application Requirements and Procedures
In most cases, a foreign national needs a work permit to be legally employed in Poland. The responsibility for obtaining the work permit primarily lies with the employer. There are several types of work permits, with Type A being the most common for individuals employed based on a contract with a Polish entity whose registered office or place of business is in Poland.
The application process involves the employer submitting the required documents to the relevant Voivodeship (provincial) office. Key requirements for the employer include demonstrating that the position could not be filled by a Polish or EU/EEA/Switzerland citizen (labor market test, though exemptions apply) and providing documentation about the company and the proposed employment terms.
Required documentation typically includes:
- Application form filled out by the employer.
- Copy of the foreign national's passport.
- Documents confirming the employer's legal status (e.g., KRS extract).
- Proof of payment of the application fee.
- Information from the local labor office regarding the labor market test (if applicable).
- Proposed employment contract or offer letter.
- Documents confirming the foreign national's qualifications or experience.
Processing times for work permits can vary significantly depending on the Voivodeship office workload, but typically range from 1 to 3 months. In some complex cases, it may take longer. The standard fee for a Type A work permit application is relatively low, usually around PLN 100-200, paid by the employer.
Pathways to Permanent Residency
Foreign nationals who have legally resided and worked in Poland for a significant period may be eligible to apply for permanent residency or long-term EU resident status.
- Long-Term EU Resident Permit: This is a common pathway for those who have legally and continuously resided in Poland for at least 5 years immediately preceding the application. They must also have a stable and regular source of income, health insurance, and documented knowledge of the Polish language (usually B1 level).
- Permanent Residence Permit: This permit is available under specific circumstances, such as having Polish ancestry confirmed by a Polish Card (Karta Polaka), being married to a Polish citizen for at least 3 years and residing in Poland for at least 2 years immediately before applying, or residing based on refugee status.
The application for both types of permits is submitted to the Voivodeship office. Processing times and required documentation are extensive and vary based on the specific basis for application.
Dependent Visa Options
Foreign workers holding a valid Polish visa (like the Type D work visa) or a residence permit are generally entitled to bring their immediate family members to Poland. Immediate family members typically include a spouse and minor children.
Family members can apply for a temporary residence permit for family reunification purposes. The main worker must hold a stable residence status in Poland (usually a residence permit valid for at least one year or meeting specific income requirements).
Required documentation for dependents usually includes:
- Completed application form.
- Valid passport.
- Proof of relationship (marriage certificate, birth certificates, legalized and translated).
- Proof of the main applicant's stable residence and income in Poland.
- Proof of health insurance.
- Proof of sufficient funds to cover living costs for the family.
- Proof of accommodation in Poland.
The application is submitted to the Voivodeship office. Processing times can be similar to other residence permit applications, often several months.
Visa Compliance Obligations for Employers and Employees
Both employers and foreign employees have significant compliance obligations to ensure legal status in Poland.
Employer Obligations:
- Obtain the necessary work permit before the employee starts working.
- Ensure the terms of employment (position, salary, working hours) match those specified in the work permit. Any significant changes require a new or amended permit.
- Register the employee with social security (ZUS).
- Keep records related to the foreign employee's legal stay and work.
- Notify the Voivodeship office of the employee starting work within 7 days of the start date and notify them if the employee ceases employment within 7 days of the termination date.
- Avoid employing individuals without a valid work permit and legal basis for stay.
Employee Obligations:
- Maintain a valid passport and legal basis for stay in Poland (visa or residence permit).
- Ensure their work aligns with the conditions specified in their work permit.
- Notify the authorities of changes in personal circumstances (e.g., change of address).
- Adhere to Polish laws and regulations.
Failure to comply with these obligations can result in significant penalties for both employers (fines, prohibition from hiring foreign workers) and employees (fines, deportation, entry bans). Maintaining accurate records and proactive communication with relevant authorities is essential.
