A work permit for foreigner in Poland is essential for legal employment in our country. It applies to individuals working for a company based in Poland. A foreigner needs a work permit if they meet specific conditions. It is required if the foreigner:
- Is a citizen of a country outside the European Union (EU), the European Economic Area (EEA), or the Swiss Confederation.
- Is not exempt from a work permit under special regulations. For example full-time students, Polish university graduates, or permanent residence holders.
- Is not a Ukrainian citizen. Currently, they are covered by separate provisions under the so-called Ukrainian Special Act.
- Is not a citizen of Belarus, Armenia, Georgia, or Moldova. Employers wishing to hire foreigners from these countries can use a simplified procedure carried out through the local labour office.
Work Permit For Foreigner – Type A And B Permit
In practice, these are the most common types of work permits. They apply when an employer whose registered office, place of residence, branch, establishment, or other organized business activity is located in Poland wants to hire a non-EU foreigner. Both types of permits are issued for a maximum period of 3 years. However, a Type B work permit—when the legal entity employs more than 25 people—can be granted for up to 5 years.
As a rule, the waiting period for the issuance of all types of permits is 30 days. In particularly complex cases – it can be even 2 months. In practice, however, many provincial offices significantly exceed these deadlines. The waiting time can sometimes reach 3-4 months. This applies especially to type A work permits. Employers must take this into account when planning their business operations.
The formal requirement for obtaining a type A permit is that:
- The foreigner’s monthly salary must not be lower than the current minimum remuneration.
- The foreigner’s monthly salary must not be lower than the salary of other employees (including Polish citizens) performing work in a comparable position.
- The employer obtains the “labour market test” from the district governor unless the foreigner is exempted by law.
A Type B work permit applies to a foreigner who:
- Is to serve on the management board of a legal entity entered in the register of entrepreneurs
- Is to serve as a management board member of a legal entity that is a capital company in the process of formation.
- Is to manage the affairs of a limited partnership or a joint-stock limited partnership as a general partner or a commercial proxy, provided they have held this role for more than 6 months within a consecutive 12-month period.
The company must meet the following conditions to employ a foreigner as a board member, general partner, or commercial proxy:
- In the tax year before applying, the company must have generated an income of at least 12 times the current average monthly salary in the province. The average amount is published by the President of the Central Statistical Office. Moreover, it must have employed at least 2 full-time workers on permanent contracts for 1 year before applying. These employees must not require a work permit. Or,
- The company proved it has funds or took steps that enable meeting the above conditions in the future. Particularly by focusing on investment growth, technology transfer, innovation, or job creation.
An employer must exercise special care when appointing a foreigner to the management board or granting them a commercial proxy. Depending on whether the foreigner:
- stays in Poland for this purpose
- concluded a work contract with the employer. (It is also crucial if the contract involves management functions, commercial proxy duties, or other tasks.)
In such a case, the employer:
- may be exempt from the obligation to apply for a work permit for a foreigner, or
- is obliged to apply for a type A work permit, or
- is obliged to apply for a type A and type B work permit jointly
Work Permit For Foreigner – Changing the Conditions of Work Is an Obligation to Apply For a New Permit
A work permit applies to a specific foreigner performing work for a specific employer. Entrusting work to another person requires an employer to apply for another work permit. Even if the job conditions remain the same, i.e. the same position, working time and remuneration.
The employer must obtain a new work permit if the employment conditions of a foreign worker change. This applies in cases of:
- A change in job position or type of work (unless only the job title changes with the same duties).
- A salary reduction.
- A change in working hours (unless increased hours come with a salary raise).
- A change in the type of contract (except when switching from a civil law contract to an employment contract).
[Legal status as of: 10 March 2025]
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