From this article, you will learn in which situations a foreigner wishing to work in Poland will need a work permit. What type of permit should you choose and how can you obtain it? Where to submit the application and what documents to prepare? You will also learn who should submit such an application – the foreigner or their employer? I invite you to read on!
At seven in the morning, Oleh was standing in line for coffee in Warsaw’s Mokotów district. In one hand he held a cup, in the other a phone with a message from his future employer: “Are we starting on Monday?” He smiled – the job was exactly what he had dreamed of. There was only one problem – could he legally take it?
Just a week earlier, Oleh was convinced that a contract and the goodwill of both parties would be enough. It was only when he heard the terms “work permit,” “declaration” and “voivode,” did he realize that Polish immigration law was not a sprint, but rather an obstacles course. Every decision, every deadline, and every missing document could determine whether he would be sitting at his desk on Monday or back at the office window.
This story is no exception. It repeats itself every day in hundreds of variations – among IT specialists, chefs, engineers, and employers who want to hire a foreigner quickly, legally and without risk. How not to get lost in all this? What really determines whether a work permit is needed? That’s what this article is about.
Exceptions – who doesn’t need a work permit in Poland ?
Let’s start with when a work permit in Poland is not required. Quite a large group of foreigners enjoy this privilege, so it is worth finding out whether you are eligible for such an exemption.
Although the starting point in the Polish legal system is the principle that a foreigner needs a work permit, the lawmaker has provided for a wide range of exceptions. In practice, this means that in many cases it is possible to employ a foreigner without going through the full procedure of obtaining a permit.
The most obvious case where a work permit in Poland is not necessary concerns citizens of EU member states, the European Economic Area, and Switzerland. These persons may take up employment in Poland on the same terms as Polish citizens. In their case, no work permit or any other administrative consent related to the performance of work itself is required.
A work permit is also not required for foreigners who have a specific residence status giving them free access to the labour market. In particular, this applies to persons who have:
- permanent residence permit in Poland
- long-term EU resident permit in Poland
- refugee status granted in Poland
- permission to stay in Poland on humanitarian grounds
- permission for tolerated residence in Poland
- specific types of temporary residence permits in Poland – including a residence permit for the purpose of studying at university, a residence permit for the purpose of conducting scientific research, a residence permit for the purpose of long-term mobility of a scientist, a temporary residence permit for victims of human trafficking, temporary residence permit for the purpose of family reunification, temporary residence permit for the purpose of mobility of a family member of a researcher, or temporary residence permit granted in connection with marriage to a Polish citizen.
In the above cases, the right to work results directly from the residence decision – the employer does not have to initiate a separate procedure to obtain a permit.
Foreigners who are family members of EU citizens or citizens of European Free Trade Association member states, including family members of Polish citizens, will also have free access to the Polish labour market, provided that the family resides together in Poland. They will also be able to take up employment in Poland without having to obtain a permit.
Graduates of Polish secondary schools, Polish higher education institutions, and Polish doctoral studies will also be able to take up employment without a work permit and without other administrative approvals if they reside in Poland on the basis of, among other things, specific types of visas, under visa-free travel, or on the basis of a stamp placed in their passport in connection with their application for a temporary residence permit, permanent residence permit, or long-term EU resident permit.
Regardless of this, the executive regulations (specifically, the Regulation of the Minister of Family, Labour and Social Policy on specific cases in which a foreigner entitled to stay in the territory of the Republic of Poland may perform work without a work permit or a declaration of entrusting work to a foreigner) specify additional situations of exemption from the obligation to obtain a permit. This applies primarily to certain professions (e.g., journalist – foreign correspondent accredited to the Ministry of Foreign Affairs), short-term expert activities (e.g., giving occasional lectures, presentations, speeches), or specific cases of delegating foreigners (e.g., performing work directly related to an international sporting event as a person delegated to that event, e.g., by a foreign sports association).
In addition, some foreigners will be exempt from the obligation to obtain a work permit, but a simplified procedure will apply to them in connection with the so-called employer’s declaration on entrusting work to a foreigner. You can read more about this later in this article.
What are the types of work permits in Poland?
“Work permit” sounds like a single, universal concept. In practice, it refers to various legal instruments that differ in scope, legal basis, and the situations in which they apply.
For entrepreneurs, this is not a purely theoretical distinction. Choosing the right type of permit determines the length of the procedure, the number of documents required, and, most importantly, the legality of employment.
- Work permit for a foreigner working for a Polish entity entrusting work to a foreigner
This is the most common form of work permit. It applies to situations where a foreigner performs work in Poland on the basis of a contract with a Polish entity, and the place of work is Poland. In practice, this will be standard employment of a specialist, manual worker, or manager in a Polish company. The permit is linked to a specific employer, position, and remuneration – this is reflected in the fact that these details are specifically mentioned in the work permit and it is on these terms that the foreigner will be able to work legally in Poland.
This type of permit is issued by the Voivode with jurisdiction over the registered office of the Polish entity employing the foreigner, for a period not exceeding 3 years.
The issuance of this permit is connected with the employer meeting certain conditions: in addition to the requirement to conclude a contract with the foreigner, it is necessary to guarantee them remuneration not lower than the remuneration of employees performing comparable work or in a comparable position and not lower than the minimum wage. The employer must also ensure that the foreigner works an appropriate number of hours: not less than ¼ of full-time employment and not more than full-time employment.
- Work permit in connection with performing a specific function
A separate category of work permits applies to cases where a foreigner performs the following functions:
- member of the management board of a legal entity entered in the National Court Register
- a person managing the affairs of a limited partnership or joint-stock limited partnership or representing such a company
- a proxy
This refers to the performance of these functions by a foreigner in Polish entities – mainly commercial law companies.
This permit is issued by the Voivode with jurisdiction over the company’s registered office, generally for a period of three years.
It is worth noting that the regulations provide for a situation where obtaining such a permit will not be necessary – this will be the case when a foreigner stays in Poland for a total period not exceeding 6 months within 12 consecutive months in connection with the above-mentioned functions (member of the management board, person managing the company’s affairs, proxy).
- Work permit in connection with the delegation of a foreigner by a foreign entity to the territory of Poland
Particular attention should be paid to situations where a foreigner is not employed directly by a Polish entity, but is posted to work in Poland by a foreign employer. In such a formal model, the employer remains an entity outside Poland, but the work is actually performed in Poland, e.g. as part of a contract or project.
Importantly, the fact that the remuneration is paid by a foreign entity does not exclude the obligation to obtain the appropriate permit. The decisive factor is the place where the work is performed. In practice, it is precisely in the case of delegations that errors most often occur – resulting from the belief that since the contract was concluded abroad, Polish regulations do not apply. However, performing work on the territory of the Republic of Poland generally activates obligations under Polish law.
In order for this permit to be required, a foreigner may, among other things, be assigned to a branch, establishment or representative office in Poland of a foreign entrepreneur, or may be posted to Poland for the purpose of performing an export service, i.e., a service of a temporary and occasional nature.
The permit will be issued by the Voivode, and jurisdiction will depend on the characteristics of the posting, e.g., for a foreigner posted to a branch of a foreign entrepreneur, it will be the Voivode competent for the location of that branch. The permit will be issued for a period of up to three years.
One of the necessary conditions for obtaining this type of work permit is that the remuneration to which the foreigner will be entitled must not be lower than 70% of the average monthly remuneration announced by the President of the Central Statistical Office (GUS).
In addition, an employer delegating an employee to the territory of the Republic of Poland must provide them with terms and conditions of employment that are no less favorable than those resulting from the Polish Labour Code.
- Seasonal work permit in Poland
A seasonal work permit is intended for foreigners working in seasonal industries such as agriculture, gardening or tourism. Its structure takes into account the specific nature of the market – the demand for workers increases at certain times of the year and is clearly limited in time.
The conditions for obtaining such a permit include the requirement to offer the foreigner a salary that is not lower than the salary of employees performing comparable work or in a comparable position. In addition, the maximum duration of such work is 9 months in a calendar year.
This type of permit is issued by the Starosta (county administrator) competent for the seat of the Polish entity entrusting work to the foreigner. At first glance, the procedure for obtaining this permit looks like a standard administrative procedure, but in practice it is surprisingly “practical” and tailored to the realities of the labor market.
An employer who wants to hire a foreigner for seasonal work, e.g., fruit picking or in a hotel during the tourist season, must follow several clearly defined steps.
The procedure begins with the preparation of an application for a seasonal work permit. In this application, the employer indicates the date of the foreigner’s entry into Poland or details of their stay in Poland on the date of submission of the application and submits the application to the Starosta.
Situation where a foreigner is not present in Poland on the date of submitting the application:
If the foreigner indicated in the application is applying for a visa to perform work on the basis of a seasonal work permit or intends to enter Poland under visa-free travel, the competent Starosta will enter this application in the so-called application register, and the employer will be issued a certificate confirming that the application has been entered in the application register. The Starosta has 7 days from the date of submission of the application to perform these activities. In such a situation, the seasonal work permit is issued after the foreigner’s entry into Poland. The employer then submits a statement to the Starosta about the foreigner’s arrival for work, and the Starosta issues the permit.
Situation where a foreigner is staying in Poland on the date of submitting the application:
If a foreigner is staying in Poland on the date of submission of the application for a seasonal work permit by the employer, e.g. on the basis of a temporary residence permit, they may start work immediately. It will be considered legal until the date of receipt of the seasonal work permit, but no longer than for a period of 30 days.
The seasonal work permit itself is issued for a period not exceeding 9 months in a calendar year. This permit is linked to a specific employer – if the foreigner were to take up employment with another employer, a new permit would have to be issued.
When a refusal to grant a work permit in Poland is issued?
Unfortunately, not every application results in a positive decision. The voivode or starosta will refuse to issue a work permit in specific situations listed in the regulations, including where:
- the circumstances of the case indicate that the application is fictitious or aims to evade the regulations – in particular, this refers to situations where the employer does not conduct business activities justifying the employment of the particular foreigner during the specified period
- the voivode or starosta, in the course of proceedings, establish that the employer does not have the financial resources or sources of income necessary to cover the obligations arising from employing the foreigner – in other words, the employer would have no means of paying the foreigner’s wages
- the employer fails to fulfil their obligation to pay social security and health insurance contributions, is in arrears with tax payments, or fails to fulfil their obligation to register employees for social security
- the employer has been convicted of offences related to human trafficking, violation of workers’ rights or document forgery
A refusal may also be issued if the limit on work permits is exceeded in a given year. Such limits are set out in executive regulations. Their aim is to ensure that opening up the labour market too widely to foreign nationals does not simultaneously restrict access to that market for Polish citizens. The regulation on limits is therefore intended to take into account the staffing needs of the Polish economy, and the limits themselves may apply, for example, to specific types of work permits, voivodeships, provinces, occupations, types of business activity of employers, or even types of contracts under which a foreigner may be employed. Data on the limits is official – you can check it at any time on the Public Information Bulletin (BIP) website of the Minister of Labour. If a limit is used up in a given calendar year, a notice informing of this fact will be published in the Official Journal of the Republic of Poland, ‘Monitor Polski’.
What is a declaration procedure ?
The declaration of entrusting work to a foreign national is a simplified procedure that allows an employer to hire citizens of certain countries without having to obtain a standard work permit.
In order to legally employ a foreign national solely on the basis of a declaration, several conditions must be met. These include:
- the foreign national being employed must be a citizen of Armenia, Belarus, Moldova or Ukraine (this list of countries applies from the 1st of December 2025)
- the work must be carried out within the territory of Poland
- the work must not relate to sectors for which seasonal work permits are issued (i.e. agriculture, horticulture, tourism)
- the work does not relate to situations where a work permit is issued in connection with the performance of specific functions (e.g. a member of the management board of a legal person, a proxy)
- the period of employment specified in the declaration of entrusting work to a foreigner shall not exceed 24 months
A Polish employer submits such a declaration of entrusting work to a foreigner via an IT system. In the declaration, the employer provides their details, the details of the foreign national they intend to employ (including name, surname, nationality, and the legal basis for their stay in Poland), and details regarding the work offered to the foreign national (including occupation, position, type of work, place of work, and duration of employment). The employer must attach a fee to the declaration, which currently (as of December 1, 2025) amounts to PLN 400.
The starosta with jurisdiction over the Polish employer’s registered office then enters the declaration authorising the foreign national to work into the so-called register of declarations.
The starosta may refuse to enter the declaration into the register of declarations in specific situations, for example: if the remuneration offered to the foreign national is lower than that of other employees performing work of a comparable nature or in a comparable position, or if the applicable limit on declarations regarding the employment of foreign nationals has been exceeded in the given calendar year. This limit is set out in a regulation of the Minister of Labour. The purpose of introducing such a limit is to prevent a situation in which a high number of declarations regarding the employment of a foreigner would make it difficult for Polish citizens to access the labour market.
If the starosta refuses to enter the declaration in the register of declarations, the employer cannot legally employ a foreigner on the basis of that declaration.
The time limits for processing declarations have also been shortened – if the case does not require an investigation, the entry or refusal to enter the declaration in the register takes place within 7 days. However, if the case is classified as requiring an investigation, this time limit is extended to 30 days.
Frequently asked questions:
Who is eligible to apply for a work permit in Poland?
An application for a work permit in Poland must be submitted by the entity entrusting the foreigner with the performance of work. In other words, the application is submitted by the employer, not the foreigner. The foreigner’s role is to ensure their legal residence in Poland, for example by applying for a temporary residence permit in connection with their employment in Poland.
Do all foreigners need a work permit to work in Poland?
No, not all foreign nationals will need a work permit to work legally in Poland. The following, amongst others, will be exempt from this requirement:
- citizens of EU Member States, the European Economic Area and Switzerland
- persons holding a specific residence status in Poland (e.g. a permanent residence permit, an EU long-term resident’s residence permit, a temporary residence permit for the purpose of studying at university)
- graduates of Polish secondary schools, Polish higher education institutions and Polish doctoral programmes.
Can EU citizens work in Poland without a work permit?
Yes, EU citizens can work legally in Poland without needing to obtain a work permit.
What types of work permits in Poland do we encounter most often?
In Poland, there are four types of work permits for foreign nationals, namely:
- Work permit for a foreigner employed by a Polish entity
- Work permit for the performance of a specific function
- Work permit for a foreigner posted to Poland by a foreign entity
- Seasonal work permit
The most common type is the permit listed first above. It applies to situations where a foreign national performs work within Poland under a contract with a Polish entity, and the place of work is Poland. In practice, this may involve the standard employment of a specialist, manual worker or manager in a Polish company.
How long is a Polish work permit valid?
In general, work permits are issued for a period of up to three years, with the exception of seasonal work permits, which are issued for a period of up to nine months in a calendar year.
In what form will I receive the work permit in Poland?
A work permit is issued in the form of an administrative decision. Refusal to issue a permit will also take this form. This means that the provisions of the Code of Administrative Procedure apply to the procedure of issuing permits. Consequently, for example, a refusal to issue a work permit may be appealed to a higher authority, namely the Minister responsible for labour matters.
What are the fees for a work permit?
An employer offering work to a foreign national must pay a fee for each application for a work permit. In accordance with the regulation in force from the 1st of December 2025, these fees are as follows:
- PLN 200 – where the work permit covers a period of less than 3 months
- PLN 400 – where the work permit covers a period of more than 3 months
- PLN 800 – in the case of work permits issued for the purpose of secondment of a foreign national by a foreign entity to the territory of Poland
How long will I wait for the permit to be issued?
The waiting time for a work permit to be issued to a foreign national depends mainly on the provincial office handling the case and the complexity of the matter.
Under the provisions of the Code of Administrative Procedure, the case should be dealt with without undue delay – no later than within one month. However, a case that is considered particularly complex should be resolved no later than within two months.
In practice, it is worth bearing in mind that the actual waiting time often depends on the specific province, the completeness of the application submitted, and whether the case will require further clarification or additional documentation.
Are there specific salary requirements for foreigners?
Yes, the regulations require that a foreigner is guaranteed adequate remuneration:
- in the case of a work permit for a foreign national working for a Polish entity entrusting him/her work, it is necessary to guarantee the foreign national remuneration not lower than the remuneration of employees performing work of a comparable nature or in a comparable position, and not lower than the minimum wage
- in the case of a work permit related to the secondment of a foreign national by a foreign entity to the territory of Poland, it is necessary that the remuneration to which the foreign national is entitled is not lower than 70% of the average monthly wage announced by the President of the Central Statistical Office
- in the case of a seasonal work permit, the foreign national must be guaranteed a salary that is not lower than that of employees performing work of a comparable nature or in a comparable position
- in the case of employing a foreign national on the basis of a declaration, it is necessary that the remuneration offered to the foreign national is not lower than the remuneration of other employees performing work of a comparable nature or in a comparable position, and not lower than the minimum wage.
Julia Dolińska
attorney-at-law
Photo by Marten Bjork