When planning to hire or expand your company's operations in Poland, it's crucial to ensure all employees possess the required work authorization. Employing individuals without proper authorization is illegal and can lead to significant consequences, including fines, imprisonment, or a ban on employing foreign workers. This guide provides essential information on obtaining work permits in Poland, who needs them, and the application process.
In Poland, two key documents are required for foreign nationals and non-EU citizens to work legally: a work permit and a work visa. The work permit allows an employee to work legally in the country, while the work visa allows the worker to reside in Poland. Various types of work visas and permits cater to different employment situations.
Type A Work Permit: The most common work permit, used for standard employment contracts when the employer has an office in Poland.
Type C Work Permit: For those employed by a foreign employer but working in Poland. The employer must apply for this permit.
Short Stay (Schengen Type C): Allows foreign nationals to stay in Poland for short periods.
Long Stay (Schengen Type D): Allows foreign nationals to stay in Poland for extended periods.
These documents enable foreign workers to engage in legal employment within Poland for a specified period. Upon expiration, individuals must either renew their permits or return to their home country.
Foreign nationals without permanent residency in Poland must obtain both a work permit and a work visa to be legally employed in the country. However, there are several exemptions, including:
Citizens of EU/EEA member states, Switzerland, and their families.
Foreign spouses of Polish citizens.
Individuals granted refugee status or protection in Poland.
Holders of a long-term EU resident's residence permit issued by Polish authorities.
Those with a residence permit for humanitarian reasons.
Individuals with a temporary residence permit for family reunification or studies.
Trainers in professional internships, advisory, or supervisory roles within EU or international aid programs.
Foreign language teachers.
Media personnel.
Artists (maximum 30 days in a calendar year).
Long-term EU residents (non-EU citizens living legally in the EU for at least five years).
Full-time students or doctoral candidates in Poland.
Foreign nationals planning to work remotely in Poland for employers without a legal presence in the country do not need a work permit but will require a visa for residency.
Employer Files for Work Permit: Once the employee accepts a job offer, the employer files for a work permit with the Polish Labor Authorities.
Employee Applies for Visa: The employee applies for a visa at their local Polish embassy or consulate.
Apply for Residence Permit: Upon arrival in Poland, the employee applies for a residence permit with the Immigration and Borders Service.
When applying for a residence permit, the employee needs:
A valid passport.
Two recent photos.
Application form.
Valid residence visa.
Evidence of sufficient financial means.
Proof of accommodation.
Health insurance.
Family certificate.
Criminal certificate.
Employment contract.
All documents must be presented in English or Polish.
The processing fee for a visa application varies by age:
Adults (13 or older): €80.
Children (ages 6-12): €40.
Children (ages 0-5): Free.
Processing typically takes about two weeks, though unforeseen circumstances can extend this period. It's advisable to apply at least a month in advance.
Poland offers a rich cultural environment, a growing economy, and an attractive destination for foreign employees. However, non-EU nationals may face challenges due to preference for EU citizens. Long-term visa lengths vary based on job type, and self-employed individuals need a specific residence permit.
Ensure the employment offer letter includes a clause about eligibility to legally work in Poland.
Stay informed about the types of work permits and visas required for your employees.
Plan ahead to account for processing times and potential delays.
Gather all necessary documents well in advance.
Ensure all documents are accurate and translated if needed.
Be aware of the renewal process for permits and visas to avoid any legal issues.
Navigating the process of obtaining work permits and visas in Poland can be complex, but it is essential for legal employment. By understanding the requirements and following the outlined steps, employers and employees can ensure a smooth and compliant hiring process.
Prepared on the information from rippling.com