Work legally in Poland

EU/EFTA citizens can work in Poland without any permits.

But majority of other countries' citizens are obliged to have Polish work permit if they plan to be employed here.

More information about Polish work permit will be published soon.

The work permit is not a document that legalizes your stay in Poland. It only legalizes your work here. To stay and work here legally, you are also obliged to have visa or residence permit.

Visa

If you have found a job in Poland during your stay abroad, your prospective employer should apply for the work permit for you. On the basis of this document (the employer should send you the original!) you can apply for Polish visa D06 for the period of time up to 1 year.

Joint  work and residence permit

If you found an employer in Poland, you can apply jointly for work permit and residence permit. After the procedure you will get final decision on being permitted both to work and stay here. 

Non-visa stay in Poland

There is also a group of countries, which citizens are allowed to stay in Poland without visa (but not to work without work permit!) for the period of 90 days. They can be divided into two groups, that is explained in that post.

"The act on promotion of employment and labour market institutions" says, that a foreigner is allowed to work in Poland during his/her non-visa stay, if this right is not excluded by the agreement concerning that non-visa stay.
In case of the countries, that have bilateral agreements with Poland, I strongly recommend to study the specific agreement with your country, because they differ from each other. For example, the agreement between Poland and USA says clearly, that US citizens are not allowed to work in Poland during their non-visa stay. 

The second group are the countries, that signed a joint agreement with all the Schengen states. The interpretations of this agreement are contradictory. During my practice, I met with the opinions of some officials, that a non-visa stay based on this agreement doesn't allow a foreigner to work in Poland. Fortunately, Minister of Labour and Public Policy decided to issue an official interpretation of this agreement. According to this opinion, the citizens of countries, that signed the above agreement with the Schengen states, are allowed to work in Poland during their non-visa stay.

When you start to be employed in Poland, your employer is obliged by law not only to apply for the work permit for you (if you need it) but also to make sure, that your visa, residence permit or the right for non-visa stay allows you to work legally in Poland.

Legal basis: 

• The Act of 20 April 2004 on promotion of employment and labour market institutions (Journal of Laws of 2008, No. 69 item 415, with later amendments)
• The Regulation of the Minister of Internal Affairs and Administration of April 22, 2011, on visas for foreigners
• COUNCIL REGULATION (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement
• Bilateral agreements between Poland and Argentina,Brasilia, Chile, Croatia, Honduras, Israel, Japan, South Korea, Costa Rica, Malaysia, Mexico, Nicaragua, Panama, Singapore, USA, Uruguay, Macau, and Hongkong
• Letter of the Minister of Labour and Public Policy from August 18, 2010, signature: DRP-X-4031-24-1-MK/10
• The Act of 30 December 2013 on foreigners (Journal of Laws of 2013., item 1650)

Staying in Poland without visa, visa-free countries

Visa-free countries (countries, which citizens can enter Poland without visa), generally can be divided into two groups:

1. Countries, whose citizens can enter Schengen area without visa and stay there up to 90 days within the period of 180 days, according to the decision of European Community Council from 2001.

2.  Countries, whose citizens also have to leave Poland after 90-day-stay, but then, in most cases, can immediately come back - the rule 90/180 doesn't apply to them. The special situation of the citizens of these countries is a result of bilateral agreements, signed with Poland before it entered European Union. 

Note that the first rule applies to the whole Schengen area, but the second - only to Poland.

So, in the first case, after 90-day-stay a person has to leave Schengen area - leaving Poland will not be enough.

In the second case, after 90-day-stay a person has to leave Poland, but can stay on the territory of Schengen area. 

1. Countries, whose citizens can stay on the territory of Schengen area for 90 days within the period of 180 days

2. Countries, that signed bilateral agreements with Poland before 2004 - their citizens in most cases can stay in Poland for 90 days and after leaving can immediately come back – do not have to wait for the next 90 days *

Albania (only for holders of biometric passports) Andorra Antigua & Barbuda Australia Bahama Islands Barbados Bosnia & Herzegovina Brunei Darussalam Bahamas Former Yugoslav Republic of Macedonia (only for holders of biometric passports) Montenegro (only for holders of biometric passports) Georgia (only for holders of biometric passports) Guatemala Canada Mauritius Monaco New Zealand Paraguay Salvador San Marino Saint Kitts & Nevis Seychelles Serbia (only for holders of biometric passports) Taiwan Ukraine (only for holders of biometric passports Vatican Venezuela and British nationals (overseas) from Hongkong

Argentina Brasilia Chile Croatia Honduras Israel Japan South Korea Costa Rica Malaysia Mexico Nicaragua Panama Singapore USA Uruguay Special administrative regions of PRC: Hongkong SAR, Macao SAR

* The mentioned bilateral agreements are prepared on the basis of the similar pattern, however, they can differ. To bring clarity to your situation, it would be useful to have a look at the specific agreement with your country. They can be found on the side of Polish Ministry of International Affairs (http://www.traktaty.msz.gov.pl/?lang=en)

    While the situation of the first group of countries is quite clear, the rule applying to the second group (bilateral agreements) raises some concerns. Below I present - as an example - conversation from yesterday with one of my clients:

    I'm from US, now I stay in Poland without visa or residence card, and I plan to stay here for more than 90 days. I know that I have to leave for some time, but for how long? When can I come back?

    You are required to cross the border, no matter for how long. You can leave for one day. But remember: you must have a proof that you left Poland after 90 days of stay.

    I was told by my US friends in Poland, that I have to leave not only Poland, but the whole Schengen zone, is it true?

    No, leaving Poland will be enough, you don't need to leave Schengen area. You can travel, for example, to one of Poland's neighbouring countries. The basis of this rule is bilateral agreement between your country and Poland, Schengen area has nothing to do with it. 

    But if you travel inside the territory of Schengen area, you will not have border stamps in passport, so you have to think about another proof, that you left Poland. That is why some people in your situation decide to leave Schengen zone. However, an easier solution might be to obtain, for example, the confirmation from the Polish Embassy abroad, that you have visited them. 
    But remember - in another Schengen countries (if there weren't signed any other bilateral agreements) there is still valid  the EC regulation saying that you are allowed to spend in the Schengen area only 90 days within the period of 180 days. So, if you leave Poland and visit another Schengen country not later than on your 90th day of stay in Poland/Schengen area, everything is OK. But after the next 90 days you should leave Poland and travel directly outside Schengen zone - for example, to the US by plane.      

Legal basis: 

• COUNCIL REGULATION (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement
• Bilateral agreements between Poland and Argentina,Brasilia, Chile, Croatia, Honduras, Israel, Japan, South Korea, Costa Rica, Malaysia, Mexico, Nicaragua, Panama, Singapore, USA, Uruguay, Macau, and Hongkong