Employment without the need to obtain a work permit 

Certain categories of foreigners may perform work in the territory of the Republic of Poland without the need to complete additional formalities – meaning that you, as an employer, do not have to apply for a work permit for such a foreigner before employing them. In this case, we can speak of the so-called free access of foreigners to the Polish labor market, which simply means that the foreigner holds a document that entitles them both to legally reside in our country and to take up legal employment.

I. Free access to the labor market is granted, among others, to foreigners who meet one of the following conditions:

  • are family members of a citizen of the EU, EEA, or EFTA, accompanying them on the territory of the Republic of Poland,
  • hold a permanent residence permit issued in Poland,
  • hold a long-term EU resident permit issued in Poland,
  • have been granted refugee status in Poland or benefit from subsidiary protection,
  • hold a residence permit issued in Poland for humanitarian reasons or tolerated stay,
  • benefit from temporary protection on the territory of the Republic of Poland (have a certificate issued by the Head of the Office for Foreigners – not to be confused with a PESEL number with the ‘UKR’ status),
  • hold a temporary residence permit for the purpose of studying or conducting scientific research,
  • hold a temporary residence permit for family members of a Polish citizen,
  • hold a temporary residence permit for the purpose of so-called ‘family reunification’ (spouse/child of a foreigner legally staying in Poland),
  • hold a temporary residence permit for victims of human trafficking,
  • hold a temporary residence permit in Poland obtained in connection with holding a long-term EU resident permit granted by another EU member state,
  • hold a temporary residence permit in Poland granted to a family member of the foreigner mentioned in the previous point,
  • hold a national visa for the purpose of conducting scientific research or development work.

II. Additionally, some foreigners, even though they do not have free access to the labor market, also do not need a “separate” work permit because, as part of their residence permit, they have automatically obtained permission to perform specific work (2 in 1). These include, among others, foreigners who:

  • hold a temporary residence and work permit – they are entitled to perform work for the entity specified in the residence permit without the need to obtain an additional work permit,
  • hold a temporary residence permit for the purpose of serving in the management board of a legal entity (e.g., serving as a member of the management board of a limited liability company),
  • hold a temporary residence permit for the purpose of performing work in a profession requiring high qualifications (the so-called “Blue Card”),
  • hold a temporary residence permit for the purpose of conducting business activity,
  • hold a temporary residence permit for the purpose of long-term mobility of an EU Blue Card holder issued by another EU Member State,
  • have submitted an application for another temporary residence and work permit for the same employer within the prescribed time limit.

III. The third group of foreigners who can work in the territory of the Republic of Poland without the need to have a work permit are foreigners who hold an appropriate
residence title in Poland

Residence titles:

1. a visa issued for purposes marked with the numbers 03-10, 12-13b, 15-19, 21-22b, 23*

Visa issued for the purpose of:

  1. participating in sporting events,
  2. conducting business activity,
  3. performing work,
  4. conducting cultural activity or participating in conferences,
  5. carrying out official duties by representatives of a foreign state authority or an international organization,
  6. undertaking first-, second-, or third-cycle studies,
  7. vocational training,
  8. teaching,
  9. conducting scientific research or development work,
  10. undertaking an internship,
  11. participating in a European volunteer program,
  12. joining a citizen of another EU, EFTA, EEA country, or Switzerland,
  13. joining a citizen of the United Kingdom,
  14. participation in a cultural or educational exchange program, a humanitarian aid program, or a working holiday program,
  15. arrival in the territory of the Republic of Poland as an immediate family member of a repatriate,
  16. arrival in the territory of the Republic of Poland as an immediate family member of a person residing in Poland on the basis of a permanent residence permit obtained through the Polish Card,
  17. exercising rights arising from holding a Polish Card,
  18. repatriation,
  19. arriving for humanitarian reasons, due to the interest of the state or international obligations,
  20. exercising the rights under a temporary residence permit for family reunification,
  21. exercising the rights under a temporary residence permit for performing work within an intra-corporate transfer,
  22. exercising the rights under the temporary residence permit referred to in Article 160 points 1, 3, 4, or 6 of the Act on Foreigners (for a family member (or a person leading a family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms, drawn up in Rome on November 4, 1950) of a citizen of the Republic of Poland, another EU, EFTA, EEA country, or Switzerland, or the United Kingdom).

* (only when the visa is issued for the purpose of exercising the rights resulting from holding the Polish Card)
2) he so-called ‘passport stamp’ – i.e., the foreigner’s stay in Poland while awaiting a residence decision after submitting an application for temporary, permanent residence, or long-term EU resident permit, provided that on the day of submission they were entitled to work in the territory of Poland,,
3) temporary residence permit (excluding short-term residence permit),
4) strong>residence document (residence card) issued by another Schengen area country,
5) stay under the visa-free movement regime.

and:

  • holding a valid Pole’s Card or
  • being graduates of secondary schools (e.g., high school, technical school, post-secondary school) or
  • being graduates of studies at a university with its seat on the territory of the Republic of Poland, or
  • holding a doctoral degree awarded by a doctoral entity operating within the Polish higher education and science system, or
  • being doctoral students in a doctoral school run by an entity with its seat on the territory of the Republic of Poland, or
  • one of the cases applies to them in which a foreigner entitled to stay on the territory of the Republic of Poland may work without a work permit. These cases will be specified by a regulation of the minister competent for labor affairs.
IMPORTANT!
As of 06.09.2025 this regulation has not yet been issued, and therefore the “old” regulation still applies, namely the Regulation of the Minister of Labor and Social Policy of April 21, 2015, available HERE. It should be noted, however, that this “old” regulation cannot be applied beyond the end of November 2025.