Work permit

Check if you need a work permit for your employee

When hiring a foreigner in Poland, you need a document legalising the foreigner’s employment. In some cases, the foreigner may be exempt from the need to obtain a work permit – check if your employee

  • is a student of full-time studies or participates in full-time doctoral studies;
  • is a graduate of full-time studies at a Polish University;
  • is a graduate of a Polish post-grammar school;  
  • is a citizen of the Armenia, Belarus, Georgia, Moldova, Russia or Ukraine who performs work during a period not exceeding 6 months in 12 consecutive months on the basis of the employer's declaration on the intention to employ such nationals, registered in the district employment agency competent for the employer’s place of residence or registered office of the entity entrusting work performance;
  • holds a valid Pole’s Card.

None of the above? Check other cases in which the foreigner is exempt for the need to obtain a work permit.

Check if the foreigner:

  1. has been granted a refugee status in Poland,
  2. has been granted a supplementary protection in Poland,
  3. has a permanent residence permit in Poland,
  4. holds a residence permit for long-term EU resident granted in Poland,
  5. has a residence permit for humanitarian reasons,
  6. has been granted a permit for tolerated stay,
  7. has been provided temporary protection in the territory of Poland,
  8. holds a valid certificate issued on the basis of Article 35 par. 1 of the Act of 13 June 2003 on granting protection to foreigners within the territory of the Republic of Poland,
  9. is a national of another Member State of the EU, EEA or Switzerland,
  10. accompanies an EU, EEA or Swiss citizen on the territory of the Republic of Poland as a family member of an EU citizen,
  11. is a family member of an EU citizen who is not an EU citizen but with the right to reside in Poland,
  12. has a temporary residence and work permit, an EU Blue Card, a temporary residence permit for the purpose of performing work by a foreigner delegated by a foreign employer or a temporary residence permit in connection with conducting business activity - on the conditions specified in this permit,
  13. resides in the territory of the Republic of Poland in connection with the use of mobility or intra-corporate transfer,
  14. has a temporary residence permit in the Republic of Poland granted due to studies, scientific research, for the purpose of family reunion, for victims of human trafficking, temporary residence permit due to the status of a long-term EU resident in another EU member state or special rights for Turkish citizens,
  15. is a spouse of a Polish citizen or a foreigner referred to in points 1-7 and has a temporary residence permit in the territory of the Republic of Poland granted in connection with their marriage,
  16. is a descendant of a Polish citizen or a foreigner referred to in points 1-7 holding a temporary residence permit on the territory of the Republic of Poland,
  17. has a temporary residence permit in the territory of the Republic of Poland granted to persons using mobility and their families,
  18. stays on the territory of the Republic of Poland on the basis of a stamp in the travel document, which confirms the submission of an application for a temporary, permanent or residence permit for a long-term resident of the EU, if he was exempted from the obligation to have a work permit immediately before submitting the application,
  19. jest uprawniony do przebywania i wykonywania pracy na terytorium państwa członkowskiego UE. EOG lub Szwajcarii,  który jest zatrudniony przez pracodawcę mającego siedzibę na terytorium tego państwa oraz czasowo delegowany przez tego pracodawcę w celu świadczenia usług na terytorium Rzeczypospolitej Polskiej
  20. is entitled to residing and working within the territory of a member state of the EU, EEA or Switzerland, who is employed by an employer having their headquarters within the territory of that country and temporary delegated by that employer to provide services within the territory of the Republic of Poland;

  21. international agreements or separate provisions allow the foreigner to perform work without the need for having the permit.

Moreover, exempted from the obligation to obtain a work permit are foreigners:

  • conducting training courses, undergoing professional trainings, serving as advisers, supervisors or performing a function requiring high qualifications and skills in programmes implemented under activities of the European Union or other international aid programmes, also on the basis of loans taken by the government of the Republic of Poland;

  • being foreign language teachers working in preschools, schools, establishments, centres, teacher training centres or colleges, referred to in provisions on the educational system or in Voluntary Work Corpses;

  • being members of armed forces or civilian staff, performing work in the international military structures located within the territory of the Republic of Poland, or being foreigners delegated to implement armament programmes implemented under the agreements to which the Republic of Poland is a party;

  • being permanent correspondents of the mass media, who were given accreditation, at a request of the Editor-in Chief of a foreign editorial department or agency, by the minister competent for Foreign Affairs, however, only within the scope of professional journalist activities performed for this editorial department or agency;

  • performing artistic services, solo or in troupes, lasting up to 30 days in a given calendar year;

  • delivering, up to 30 days in a given calendar year, occasional lectures, speeches or presentations with particular scientific or artistic value, provided that their permanent residence is located outside the territory of Poland;

  • being athletes performing, up to 30 days in a calendar year, work for an entity seated within the territory of the Republic of Poland, in relation with sport competitions;

  • performing work in relation with internationally prominent sporting events directed by a relevant international sport organisation;

  • being a member of the clergy, member of religious orders or other person performing work related to their religious function in churches and religious associations and in national inter-church organisations the status of which is regulated by an international agreement, provisions on the relationship between the State and the church or another religious association, or who act on the basis of entry in the register of churches and other religious associations, and also who perform work as part of performing religious function in other entities, on the basis of delegation from the relevant body of the church or another religious association, or its legal entity;

  • being students, who perform work under professional internships, to which they were directed by organisations being members of the international student associations;

  • being students, who perform work under cooperation of public employment services and their foreign partners, if the need to entrust performance of work to a foreigner is confirmed by the competent employment body;

  • being students of universities and vocational schools who were delegated to perform work under professional internship by the rules of their studies or the syllabus, for a period not exceeding 6 months in a calendar year, provided that they were delegated for such internship by their relevant university or vocational school under an agreement concluded between their relevant university or vocational school and the employer, if it was registered in the District Labour Office competent for the place of residence/ seat of the employer;

  • being students of universities and vocational schools in the European Union member states or countries of the European Economic Area not being part of the European Union or the Swiss Confederation, who perform work under professional internship by the rules of their studies or the syllabus, under the condition that they were delegated for such internship by their relevant university or vocational school;

  • participating in the cultural or educational exchange programmes, development and humanitarian aid programmes or working holiday schemes for students, organised in the minister competent for labour;

  • performing work as research workers in the entities referred to in regulations on research institutes;

  • delegated by a foreign employer to the territory of the Republic of Poland, if they retain the permanent place of residence abroad, for the period not exceeding 3 months in a calendar year, for the purpose of:

    • performing assembly, conservation and repair works, of the delivered technologically complete equipment, constructions, machinery or other devices, if the foreign employer is the manufacturer thereof,

    • performing acceptance of the ordered equipment, machinery, other devices or parts, made by Polish entrepreneur,

    • providing training to employees of the Polish employer being the receiver of the equipment, constructions, machinery or other devices, referred to in letter a, within the scope of its handling and operation,

    • assembly and disassembly of exhibition stands as well as supervision thereon, in the exhibitor in the foreign employer, who delegates them for this purpose;

  • performing work for delegates of the European Parliament in relation with the capacity thereof;

  • empowered in accordance with the principals as stated in legal acts issued by the bodies designated pursuant to the Agreement establishing an Association between the European Economic Community and Turkey, signed in Ankara on 12 September 1963 (Official Journal UE L 217 of 29.12.1964 p. 3687, – Official Journal EU Polish special edition, chapt. 11, t. 11, p. 10).

If none of the aforementioned categories applies to your employee, you should apply for a work permit. 

To complicated? We have prepared a guide: CHECK IF YOUR EMPLOYEE NEEDS A WORK PERMIT 

When should I apply?

An application must be submitted if you would like to hire a foreigner who is not exempt from the necessity to obtain a work permit. 

Check what kind of a work permit is required for your employee. 

Prior to applying, read our tips on how to fill out an application form.

Where should I apply?

  • by post to the address of the Department for Foreigners in Poznań or one of the office's delegations, check the addresses
  • electronically at: praca.gov.pl 

Please note that some documents must be submitted in the original, especially the Labour Market Test (if it is required for a given post), as well as the power of attorney for a person representing the entity/person conducting business activity. 

More information:

What documents do I need?

The required documents include the following:

TYPE A work permit

You apply for a TYPE A work permit when your employee will be working in Poland and you are operating in Poland.

  • an application for a work permit completed in accordance with the instructions and signed by a person authorised to represent the employer (download it here)
  • a copy of a valid identity card or a copy of a valid travel document or, if you do not have such a document and you cannot obtain it, a copy of another valid document confirming identity - if the entity commissioning work by a foreigner is a natural person;
  • company agreement - if the entity entrusting the performance of work by a foreigner is a limited liability company in organization or a civil partnership or copies of notarial deeds on the establishment of the company - if the entity entrusting the performance of work by a foreigner is a joint stock company in organization;
  • a copy of all filled-in pages of a valid travel document of the foreigner to which the application refers, and if the foreigner does not have a valid travel document and it is not possible to obtain it - a copy of another valid document confirming his/her identity;
  • Labour market test, if required. The labour market test should be attached in the original to each application.
An entity entrusting the performance of work to a foreigner who applies for a permit for more than one foreigner at the same time may attach one copy of the above mentioned documents to the submitted applications. The labour market test should be attached in original to each work position.
  • documents confirming the foreigner's fulfillment of the requirements for job candidates by the entity entrusting the performance of work, specified in the labour market test about the inability to meet the employer's staffing needs, if the labour market test was required,
  • a document drawn up by the user employer confirming the agreement regarding the referral of a foreigner by a temporary employment agency - if the agency entrusting work is that agency,
  • proof of payment of the fee;
  • documents confirming the fulfillment of qualification requirements and other conditions necessary to perform work in a regulated profession, as well as other documents confirming the fulfillment of the requirements set out in separate regulations, which may affect the outcome of the procedure,
  • statement of the entity entrusting work to a foreigner regarding circumstances specified in Article 88j(1)(3-7) of the Act on employment promotion and labour market institutions (download it here). It should be signed only by the employer in person (statement regarding criminal act). In case of companies that statement should be signed by representative who is indicated in the National Court Register (KRS). In case of unincorporated entity such as partnership, statement should be signed by all partners. This statement must be signed by employer, no attorney-in-fact allowed;
  • original of power of attorney (download it here).  (in case the employer does not submit the application in person).
  • document confirming delegation by a foreign employer to Poland for work purpose;

The Governor may request the submission of documents confirming compliance with the requirements referred to in art. 88h of the Act on employment promotion and labor market institutions (regarding the obligations of the employing entity) and original documents submitted for the application.

TYPE B work permit

You submit an application for a work permit TYPE B when the foreigner holds a position in the management board of a legal entity included in the register of entrepreneurs or being a capital company in an organization or runs a limited partnership or a limited joint-stock partnership as a general partner, or in connection with granting him/her a power of attorney for a period exceeding 6 months in total during the following 12 months.

To get a TYPE B work permit, you must submit:

  • a completed application for a work permit (download it here),
  • a copy of a valid identity card or a copy of a valid travel document or, if you do not have such a document and you cannot obtain it, a copy of another valid document confirming identity - if the entity commissioning work by a foreigner is a natural person;

  • company agreement - if the entity entrusting the performance of work by a foreigner is a limited liability company in organization or a civil partnership or copies of notarial deeds on the establishment of the company - if the entity entrusting the performance of work by a foreigner is a joint stock company in organization;

  • copies of documents confirming the occurrence of circumstances referred to in art. 88c sec. 8 of the Act, i.e.:
    • completion by a foreigner in the period of 3 years preceding the submission of an application for a work permit to graduate from a school or a higher education institution based on the territory of the Republic of Poland or another state of the European Economic Area or the Swiss Confederation or being a doctoral student at a doctoral school run by an entity based on the territory of the Republic of Poland,
    • legal and uninterrupted stay of a foreigner, for 3 years preceding the submission of an application for a work permit.
  • a statement of the amount of income earned or loss incurred by the entity entrusting the performance of work to a foreigner as a corporate income tax payer in the tax year preceding the submission of the application together with a confirmation of submission to the Tax Office;
  • documents confirming the state of employment for the period of the year preceding the submission of the application, in order to prove the employment for an indefinite period of time and full-time employment for a period of at least one year preceding the submission of the application of at least two employees who are not subject to the obligation to hold a work permit,
  • documents confirming the possession of means or activities allowing to meet in the future the conditions specified in art. 88 c sec. 4 item 1 of the Act, in particular by conducting activities contributing to the growth of investments, technology transfer, introduction of beneficial innovations or job creation 
  • information about the current state of employment in the entity entrusting work to a foreigner, if the party applies for a permit for a period exceeding 3 years.
  • document confirming delegation by a foreign employer to Poland for work purpose;

  • certified copies of the supporting documents providing evidence that the requirements laid down under separate statutory provision are met, that may have an effect on the result of the proceedings;

  • proof of payment of the fee;

  • statement of the entity entrusting work to a foreigner regarding circumstances specified in Article 88j(1)(3-7) of the Act on employment promotion and labour market institutions (download it here). It should be signed only by the employer in person (statement regarding criminal act). In case of companies that statement should be signed by representative who is indicated in the National Court Register (KRS). In case of unincorporated entity such as partnership, statement should be signed by all partners. This statement must be signed by employer, no attorney-in-fact allowed;

  • original of power of attorney (dowload it here).  (in case the employer does not submit the application in person).

An entity entrusting the performance of work to a foreigner who applies for a permit for more than one foreigner at the same time may attach one copy of the above mentioned documents to the submitted applications.

The Governor may request the submission of documents confirming compliance with the requirements referred to in art. 88h of the Act on employment promotion and labor market institutions (regarding the obligations of the employing entity) and original documents submitted for the application.

TYPE C work permit

Work permit type C is granted if a foreigner is working for a non-Polish employer and is delegated for more than 30 days to a branch or facility located in Poland, within the meaninig of the law as in the Act of 26 July 1991 on personal income tax, with a foreign employee.

To get a TYPE C work permit, you must submit:

  • a completed application for a work permit (download it here),
  • a document from the relevant register confirming the legal status and form or nature of the activity carried out by the foreign employer,
  • copies of all completed pages from the valid travel document of the foreigner to whom the application relates, and if the foreigner does not have a valid travel document and is unable to obtain it - a copy of another valid document confirming his/hers identity,
  • Confirmation of the foreign employer indicating a representative residing in Poland and authorized to fulfilled obligations laid down in point 1 and 2 /wage and working conditions/ and to represent the employer before Province Governor or other authorities specified in Article 88f(3) (Province Governor, field unit of Social Insurance Fund (ZUS), consul, National Labour Inspectorate, National Court Administration, Border Guard, Police), if a foreigner is delegated to work in Poland for a period of time exceeding 30 days in calendar year,

  • letter of delegation issued by a foreign employer,
  • documents confirming the connections referred to in art. 88 clause 1 point 3 of the Act on employment promotion and labor market institutions.

Affiliated entity within the meaning of Personal Income Tax Act of 26 July 1991 is:

  • a taxpayer of income tax established (management board) or residing in Poland called national entity that runs the company located abroad or controls it or owns the equity in it, directly or indirectly,
  • a natural or legal person residing or established (management board) abroad called foreign entity that  runs the company located abroad or controls it or owns the equity in it, directly or indirectly,
  • the same legal or natural persons that directly or indirectly and at the same time run national or foreign entity or control it or own the equity in it.
  • document confirming delegation by a foreign employer to Poland for work purpose;

  • certified copies of the supporting documents providing evidence that the requirements laid down under separate statutory provision are met, that may have an effect on the result of the proceedings;

  • proof of payment of the fee;

  • statement of the entity entrusting work to a foreigner regarding circumstances specified in Article 88j(1)(3-7) of the Act on employment promotion and labour market institutions (download it here). It should be signed only by the employer in person (statement regarding criminal act). In case of companies that statement should be signed by representative who is indicated in the National Court Register (KRS). In case of unincorporated entity such as partnership, statement should be signed by all partners. This statement must be signed by employer, no attorney-in-fact allowed;

  • original of power of attorney (download it here).  (in case the employer does not submit the application in person).

An entity entrusting the performance of work to a foreigner who applies for a permit for more than one foreigner at the same time may attach one copy of the above mentioned documents to the submitted applications.

Remember that documents in other than Polish language should be submitted together with their sworn translation into Polish.

The Governor may request the submission of documents confirming compliance with the requirements referred to in art. 88h of the Act on employment promotion and labor market institutions (regarding the obligations of the employing entity) and original documents submitted for the application.

TYPE D work permit

Work permit type D is granted if a foreigner performs work for foreign employer having no branch, facility or other kind of organized activity in Poland and is delegated to work in Poland to provide temporary and occasional (export services).

To get a TYPE D work permit, you must submit:

  • application form completed in accordance with the instruction and signed by authorized person to represent employer (download it here)

  • confirmation from the competent registry regarding legal status and type of conducted business activity by foreign employer;

  • copy of a valid travel document of the foreigner that application concerns; in a particular case, when the person has no valid travel document and it is impossible to obtain it, s/he may present other identity confirming document;

  • copy of an agreement on the basis of which service will be provided,

  • document confirming delegation by a foreign employer to Poland for work purpose;

  • certified copies of the supporting documents providing evidence that the requirements laid down under separate statutory provision are met, that may have an effect on the result of the proceedings;

  • proof of payment of the fee;

  • statement of the entity entrusting work to a foreigner regarding circumstances specified in Article 88j(1)(3-7) of the Act on employment promotion and labour market institutions (download it here). It should be signed only by the employer in person (statement regarding criminal act). In case of companies that statement should be signed by representative who is indicated in the National Court Register (KRS). In case of unincorporated entity such as partnership, statement should be signed by all partners. This statement must be signed by employer, no attorney-in-fact allowed;

  • original of power of attorney (download it here).  (in case the employer does not submit the application in person).

Remember that documents in other than Polish language should be submitted together with their sworn translation into Polish.

During the proceedings you may be asked to submit documents supporting evidence that the requirements specified in Article 88h of the Act on employment promotion and labour market institutions (obligations of the employer) are fulfilled together with originals of the all documents submitted with the application.

TYPE E work permit

Work permit type E is granted if a foreigner performs work for foreign employer and is delegated to work in Poland for a period of time exceeding 30 days during the following 6 months for other reason than specified in  work permit type B, C or D.

To get a TYPE E work permit, you must submit:

  • Application form completed in accordance with the instruction and signed by authorized person to represent employer (download it here). 

  • Confirmation from the competent registry regarding legal status and type of conducted business activity by foreign employer;

  • Copy of a valid travel document of the foreigner that application concerns; in a particular case, when the person has no valid travel document and it is impossible to obtain it, s/he may present other identity confirming document;

  • Document confirming delegation by a foreign employer to Poland for work purpose;

  • Certified copies of the supporting documents providing evidence that the requirements laid down under separate statutory provision are met, that may have an effect on the result of the proceedings;

  • proof of payment of the fee ;

  • Statement of the entity entrusting work to a foreigner regarding circumstances specified in Article 88j(1)(3-7) of the Act on employment promotion and labour market institutions (download it here). It should be signed only by the employer in person (statement regarding criminal act). In case of companies that statement should be signed by representative who is indicated in the National Court Register (KRS). In case of unincorporated entity such as partnership, statement should be signed by all partners. This statement must be signed by employer, no attorney-in-fact allowed;

  • original of power of attorney (download it here).  (in case the employer does not submit the application in person).

Remember that documents in other than Polish language should be submitted together with their sworn translation into Polish.
An entity entrusting the performance of work to a foreigner who applies for a permit for more than one foreigner at the same time may attach one copy of the above mentioned documents to the submitted applications.

During the proceedings you may be asked to submit documents supporting evidence that the requirements specified in Article 88h of the Act on employment promotion and labour market institutions (obligations of the employer) are fulfilled together with originals of the all documents submitted with the application.

What should I know?

Obligations of an employer applying for a work permit

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FAQ

What are the most common mistakes in applications for a work permit? What should you pay special attention to avoid them?

The most common mistakes made when submitting applications for a foreigner's work permit are the following:

  • failure to mark point 5.3 of the application (point 6.3 of the application for the extension of the permit) regarding the punishment of a foreigner. Please tick the appropriate...
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Can I work while waiting for the application for a temporary / permanent / resident permit to be considered?

You can work as long as you were entitled to work immediately before submitting the application - that is, you had a temporary residence and work permit or work permit, and after submitting the application you will work on the conditions that were indicated in the permit.

If you did not...

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Can I get a duplicate copy of my work permit? How long does it take?

Yes. The party (your employer) may submit an application for issuing a duplicate of your work permit, confirmed as being true to the original. The stamp duty for issuing a duplicate of a decision is 5PLN for each started page of the decision...

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Can I work in Poland having a residence card obtained in another EU country?

A residence card issued by another Schengen state country entitles you to stay for a tourist purpose in other Schengen member states (including Poland) for a period not exceeding 90 days during each 180-day period. The ...

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I applied for another residence card (same employer, same employment conditions). Do I need a work permit/declaration on entrusting work to a foreigner to work legally while waiting for the decision to be issued?

No, if the application does not contain any formal defects and you have a legalized stay, e.g. a stamp imprint in your passport or a valid visa.

Work must be carried out at the employer and in the position indicated in the decision. Otherwise work will be illegal.