Where should the procedure for employing foreigners from third countries in Poland begin?

What residency documents allow a foreigner to be legally employed by a Polish company?

Where should the procedure for employing foreigners from third countries in Poland begin?

(countries outside the European Union (EU), the European Economic Area (EEA) and Switzerland).

From verifying the documentation authorizing the foreigner to work in the Republic of Poland, in the event that he is located in Poland, or

Facilitate the process of obtaining a visa for a foreigner, by obtaining a work permit or a statement of employment for a foreigner, which can then be presented to the Polish consulate in the foreigner’s country of origin.

What residence permits entitle foreigners to work in Poland?

1. Visas

Each visa (issued by an authorized Polish authority), whether domestic (type D) or Schengen (type C), has a specific purpose for issuance.

Among them are documents typically intended for the performance of work. Their purposes of issuance are defined as:

“05a” – to perform work on the basis of a statement on entrusting work to a foreigner, entered in the register of statements by the district labor office;

“05b” – to perform seasonal work;

“06” – for the purpose of performing work not covered by the above visas, i.e. most often on the basis of a work permit.

IMPORTANT: This does not mean that these are the only visas on which a foreigner staying in Poland can legally work!

On the website of the State Labor Inspectorate we can find information on this subject:

“In fact, the current legislation adopts the principle that a residence document suitable for work – along with a work permit or a statement on entrusting work to a foreigner – is any visa issued by Polish authorities (type “C” – Schengen visa, short-term or type “D” – national visa, long-term), regardless of the purpose for which it was issued, and any temporary residence permit, with the exception of visas and permits indicated in the legislation as precluding work.”

Below you will find visas that preclude you from performing legal work in Poland:

“01” – tourist destination;

“20” – use of temporary protection.

Również wizy wydane przez inne kraje strefy Schengen uprawniają do pracy w Polsce. Pamiętaj, że pobyt cudzoziemca na takiej wizie wynosi 90 dni w ciągu 180 dni.

2. Temporary residence permits

The same is true for temporary residence permits in Poland.

With the exception of a temporary residence permit granted under Article 181(1) of the Law on Foreigners of December 12, 2013 (a temporary residence permit due to circumstances requiring a short-term stay), each temporary residence permit entitles a foreigner to work in Poland.

3. Visa-free travel

Foreigners who have the right to enter Poland without a visa or other document authorizing their stay, i.e. under the visa-free travel agreement, are entitled to work in Poland. However, it is a condition for them to obtain a work permit, a statement on entrusting work to a foreigner or to submit a notification of employment to a Ukrainian citizen. An exception is made for foreigners who are exempt from the requirement for a work permit under special regulations.

4. Other

It is also important to note other types of residence permits that allow citizens of non-EU countries to be legally employed in Poland, and without a work permit. A detailed list of these documents can be found in Article 87, paragraph 1 of the Law on Employment Promotion and Labor Market Institutions.