Hiring a foreigner in Poland: What residence and work permits are necessary?

Deciding to hire a foreigner in a Polish company opens up new opportunities but also entails the need to fulfill specific legal formalities. It is crucial to understand that legally employing a worker from abroad (especially from outside the EU/EEA/Switzerland) is typically based on two pillars: the person’s legal stay in Poland and their legal right to perform work. What specific permits and documents confirm compliance with these conditions?

The basis of legal employment: two pillars

For a foreigner to legally work in your company, they must meet both of the following basic conditions:

1. Legal Stay: They must possess a valid document authorizing them to reside in the territory of Poland (e.g., an appropriate visa, residence permit).
2. Legal Work: They must possess the right to perform work in Poland (e.g., a work permit, registered declaration) OR be exempt from the obligation to hold such a permit under the law.

Important: Simply holding a valid visa or residence card does not always automatically grant the right to work. Similarly, holding a work permit does not legalize the foreigner’s stay in Poland. These two aspects must be regulated, although there are documents that combine both functions (more on this below).

Residence permits: the foundation of the foreigner’s presence

Documents confirming a foreigner’s right to legally stay in Poland primarily include:

• Visa:
  • Schengen (Type C): Authorizes short stays (up to 90 days within 180 days) and generally does not grant the right to work in Poland (with very specific exceptions).
  • National (Type D): Issued for stays longer than 90 days (up to a year), often for a specific purpose, e.g., performing work, studies. A national visa with the appropriate annotation (e.g., purpose of issue 05a/06) forms the basis of legal stay for an employee. The foreigner usually applies for the visa before arriving in Poland at a Polish consulate.
• Temporary Residence Permit (Karta Pobytu / Residence Card): Issued by the Voivode in Poland when a foreigner plans to stay longer than the visa validity period. There are many grounds for obtaining it (work, study, family, etc.). It replaces the visa as the basis for legal stay.
• Permanent Residence Permit / EU Long-Term Resident Permit (Karta Pobytu / Residence Card): Granted after meeting specific conditions (e.g., several years of legal residence in Poland). They grant broad rights, usually including unrestricted access to the Polish labor market.
• Documents under Visa-Free Movement: Authorize short stays (up to 90 days), but generally not work (unless work is legalized, e.g., by a declaration for citizens of specific countries).
• Certificate of Temporary Protection: A special status for Ukrainian citizens arriving after Feb 24, 2022, confirming legal stay under the so-called Special Act.

Employer’s Obligation: Before hiring a foreigner, you are obliged to verify the validity of their residence document and keep a copy throughout the employment period.

Work permits: the key to professional activity

The second pillar is the foreigner holding (or the employer obtaining) a document permitting work in Poland. This mainly applies to third-country nationals who are not exempt from this obligation. The main forms are:

• Work Permit:
  • Who applies? The Employer.
  • Where? To the Voivode.
  • What does it grant? Authorizes the foreigner to perform work for a specific employer, in a specific position, and under conditions specified in the permit. For the Polish employer assigning the work is the most common.
• Declaration of Entrusting Work:
  • Who submits? The Employer.
  • Where? At the District Labor Office (PUP).
  • For whom? Citizens of Ukraine, Armenia, Belarus, Georgia, Moldova (as of 04.2025). Allows work for up to 24 months. Must be registered before work starts.
• Exemption from the Obligation to Hold a Permit:
  • Some groups of foreigners, due to their residence status or other circumstances, do not need an additional work permit or declaration. These include, among others:
    • Holders of a permanent residence permit or EU long-term resident permit in Poland.
    • Graduates of Polish upper-secondary schools and full-time university studies.
    • Holders of the Pole’s Card.
    • Spouses of Polish citizens (with an appropriate residence permit).
    • Ukrainian citizens covered by the Special Act (notification to PUP by the employer is sufficient for them).
    • Persons with a valid temporary residence and work permit (the so-called single permit – see below).

The single permit: temporary residence and work in one

A very popular form of legalization that combines both pillars (stay and work) is the temporary residence and work permit, often called the single permit (zezwolenie jednolite).

• Who applies? The foreigner themselves.
• Where? To the Voivode competent for the foreigner’s place of residence in Poland.
• What does it combine? This single administrative decision (and the residence card issued based on it) legalizes both the foreigner’s stay in Poland for a specified period (up to 3 years) and work for a specific employer under the conditions specified in the decision.
• Employer’s Role: Although the foreigner applies, you as the employer must provide them with key documents for the application, primarily Annex No. 1 (information about the terms of employment).

A holder of a valid single permit no longer needs a separate visa (for stay) or a separate work permit to work for the employer and in the position specified in the decision.

Document verification – Employer’s key obligation

Regardless of the pathway, always before allowing a foreigner to work, you must verify:

1. Do they possess a valid document legalizing their stay?
2. Do they possess a valid document legalizing their work, OR are they exempt from this obligation, OR do they possess a single permit (temporary residence and work)?

Keep copies of these documents throughout the entire employment period.

Scenario: hiring a programmer from India

You want to hire a programmer from India. A typical process might look like this:

1. You (as the employer) obtain a work permit for the Polish employer assigning the work for them from the Voivode.
2. Based on this permit (and other documents), the programmer obtains a National Visa (Type D) for the purpose of work at the Polish consulate in India.
3. The programmer arrives in Poland and starts working based on the valid visa and work permit.
4. Before the visa expires, the programmer applies in Poland (with your help – you provide Annex No. 1) to the Voivode for a temporary residence and work permit (single permit).
5. After receiving a positive decision and the residence card, their stay and work for you are legal based on this single document (for the period specified in the decision).

Navigating regulations – How can our law firm help?

Understanding which permits are needed in a specific situation, who should apply for them and where, and how to link the legalization of stay with the legalization of work can be complicated. Our law firm offers support for employers:

• We help identify the necessary permits (residence and work) for your future employee.
• We assist in the process of obtaining work permits and submitting declarations.
• We advise on how to support employees in obtaining residence permits (including single permits) by preparing the necessary documentation from the employer.
• We provide comprehensive verification of documents and compliance of employment with regulations.

Properly completing the formalities related to a foreigner’s stay and work guarantees the legality of employment and peace of mind for your company. Contact us if you need assistance in this area.

(Please remember that the information contained in this article is general in nature. Each case of hiring a foreigner may require individual legal analysis. Always verify information based on currently applicable regulations.)