The ability to travel to Poland and other Schengen Area countries without needing a visa, solely based on a biometric passport, is a great convenience for citizens of many countries (including Ukraine, Georgia, Moldova). However, such stay, known as visa-free movement, is time-limited and generally intended for tourism, visits, or short business trips. Can one legally take up employment in Poland during such a stay? This question troubles many foreigners and employers.

Visa-free movement based on a biometric passport – What does it mean?

Visa-free movement allows citizens of specific countries to enter and stay in the Schengen Area (including Poland) for a period of up to 90 days within any 180-day period, without needing a visa. The basis is a valid biometric passport.

Key Rule: The mere fact of legally staying in Poland under visa-free movement does NOT automatically grant the right to perform work. It is an authorization to be present in the country’s territory, but not to undertake gainful activity.

Work vs. stay – Two separate permissions (still relevant!)

Polish regulations (similar to most EU countries) clearly separate the issue of legal stay from the issue of legal performance of work. For a foreigner (from outside the EU/EEA/Switzerland) to work legally, they must meet both conditions:

  1. Reside in Poland legally (which visa-free movement ensures for up to 90 days).
  2. Possess a separate authorization to perform work (e.g., work permit, declaration) OR be exempt from the obligation to hold one.

An exception to this rule is holding a single permit for temporary residence and work, but that is obtained through a different procedure, not as part of entry “on a biometric passport.”

Exceptions to the rule – when is work during visa-free stay possible?

Are there situations where work during a legal visa-free stay is permitted? Yes, but only if the work itself is additionally legalized:

1. Declaration of Entrusting Work (Oświadczenie):

  • For whom? This simplified procedure applies to citizens of Armenia, Belarus, Georgia, Moldova, and Ukraine.
  • How it works: The Polish employer submits a “Declaration of entrusting work to a foreigner” to the District Labor Office (PUP) before the foreigner starts working. If a citizen of one of these countries is legally staying in Poland (e.g., under visa-free movement), the declaration registered by the PUP legalizes their work for the period specified in the declaration (up to 24 months), but naturally no longer than their legal stay lasts (i.e., within visa-free movement – maximum 90 days, unless they obtain another residence title in the meantime).
  • Important: It is the declaration, not the passport, that forms the basis for legal work.

2. Special Act for Citizens of Ukraine:

  • For whom? Ukrainians who legally entered Poland from February 24, 2022, and whose stay is considered legal under the so-called Special Act (often confirmed by a PESEL UKR number). Many entered precisely under visa-free movement.
  • How it works: In their case, it is sufficient for the employer to notify the PUP via the praca.gov.pl portal about the fact of employment within 14 days from the start date of work.
  • Important: The legality of work stems from the combination of legal stay under the Special Act and the notification made.

3. Other Exemptions from the Work Permit Requirement:

  • If a person staying under visa-free movement also possesses, for example, a valid Pole’s Card (Karta Polaka) or is a graduate of a Polish full-time university program, they can take up work without an additional permit or declaration because their status (Pole’s Card holder / graduate) itself exempts them from this obligation. However, they must still reside in Poland legally (in this case, under visa-free movement for 90 days or on another basis).

How to legally hire a person staying in Poland under visa-free movement? (steps for the employer)

If you want to hire a foreigner who came to Poland on a biometric passport:

  1. Verify Nationality and Residence Status:
    • Check if the candidate’s citizenship allows them to work based on a declaration (Armenia, Belarus, Georgia, Moldova, Ukraine) or if they fall under the Special Act (Ukraine – entry after Feb 24, 2022, legal stay).
    • Check the validity of the biometric passport.
    • Crucial: Determine the candidate’s date of entry into the Schengen Area (passport stamp or foreigner’s statement) and ensure their stay within the 90-day limit is still legal and sufficient for the planned employment period.
  2. Obtain Work Legalization Before Work Starts:
    • For citizens of the 5 countries (declaration): Submit the declaration to the PUP and wait for its registration. Only then can the employee start work.
    • For citizens of Ukraine (Special Act): Ensure their status. They can start work immediately, but you have 14 days to submit the notification via praca.gov.pl. Failure to do so constitutes illegal employment!
    • For citizens of other countries (not covered by declaration/Special Act): Generally, you cannot hire them based solely on visa-free movement. They need a visa allowing work or a residence and work permit. This most often means you need to obtain a Type A work permit (with a labor market test), and the employee would need to return to their home country and obtain a Type D visa based on that permit.
  3. Sign the Contract and Register with ZUS: After ensuring both legal stay AND legal work authorization are in place.

The risk of working solely “on the passport”

Let’s emphasize this again: employing a foreigner staying under visa-free movement without the required registered declaration, notification (for Ukrainians under the Special Act), or work permit (if required) constitutes illegal entrustment of work. It doesn’t matter that the person’s stay itself is legal. The consequences include high fines for the employer and the risk of deportation and an entry ban for the employee.

Scenario: hiring a seasonal worker from Georgia

A gardening company needs a worker from Georgia from June to August (3 months). The candidate plans to come to Poland in early June using visa-free travel on a biometric passport. What must the employer do?

  1. Before the Georgian worker starts working (or just after arrival, but definitely before starting work), the employer submits a declaration of entrusting work to the PUP competent for the place of work.
  2. After receiving confirmation from the PUP that the declaration has been registered, the employer knows they can legally hire the candidate.
  3. When the Georgian arrives, the employer verifies their passport and entry date (ensuring the 90-day stay is sufficient).
  4. They sign a contract (e.g., mandate contract), and the employer registers the employee with ZUS.
  5. The Georgian works legally for the period indicated in the declaration (but no longer than their legal 90-day visa-free stay). After finishing work (and the expiry of the 90-day stay), they must leave the Schengen Area.

Need help hiring under visa-free movement?

Procedures related to declarations or notifications, although simplified, require knowledge of rules and deadlines. If you want to hire someone staying in Poland under visa-free movement, our law firm can help:

  • Verify if a given foreigner can work based on a declaration or falls under the Special Act.
  • Assist in correctly and timely submitting the declaration to the PUP or the notification via praca.gov.pl.
  • Explain the rules for calculating the 90 days of stay under visa-free movement.
  • Advise on what to do if the planned employment is intended to last longer than the allowed visa-free stay.

In conclusion: A biometric passport and visa-free movement grant entry to Poland, but not the right to legally work. Employment is possible only when combined with additional conditions – most often obtaining a declaration by the employer or making a notification. Always thoroughly verify the candidate’s residence and work status before entrusting them with work.

(Please remember that the information in this article is general and reflects the legal state as of April 2025. The list of countries eligible for visa-free travel and work based on a declaration may change. Always verify current regulations and stay limits. This article does not constitute legal advice.)

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