The Polish market is open for foreigners who are willing to invest and work hard. The system of legalising residence and employment is quite transparent and does not leave much room for the authorities to make arbitrary decisions. The legalisation processes run quite smoothly although the waiting time for decisions must be taken into account.

In 2025, the Polish government published details of the migration strategy for Poland for 2025–30 based on the motto “Take back control. Ensure security”. This strategy is resulting in fundamental reform of immigration law. The most important changes are as follows.

• Changes to the visa system: the visa system will be based on a selective model; a list of countries and the profile of potential foreigners who will benefit from visa preferences will be established. Some foreigners migrating to Poland to work on investments considered as strategic for the Polish economy will also benefit from preferential treatment.
• Digitisation of residency services: the visa and residency application process is to be automated, including the implementation of an information exchange network between consulates and national offices to ensure consistency during the visa process, and later during the legalisation of residency.
• Introducing a points model: ultimately, access to the Polish labour market is to be based on a points model.
• Separate regulations for deficit occupations: special regulations are to be created aimed at foreigners pursuing occupations that are in long-term deficit.
• Legalising employment based on statements on the employment of foreigners: a modification of the list of countries benefitting from this solution can be expected.
• Employment agencies: the model for the operation of employment agencies is to be thoroughly reformed, and agencies will be subject to stricter supervision.
• Tightening the system for issuing student visas: foreign students at Polish universities have open access to the labour market but, as the student visa system has been abused over the years, the government plans to tighten regulations.

Nevertheless, the current system of legalising work and residence in Poland works quite well. Citizens of certain countries may enter Poland based on a visa-free regime for a period of 90 days within a 180-day period. In addition, Poland has concluded a number of bilateral agreements that make it easier for citizens of particular countries in terms of border crossings (eg, Americans, Koreans, Israelis, and Japanese). A significant community of Ukrainians is in a special situation: the stay of Ukrainian citizens who came to Poland due to the outbreak of war is legal, and the employment of such persons only requires notifying the labour office.

Changes for EU Blue Card Holders

Currently, the Polish government is working on implementing the provisions of Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment, repealing Council Directive 2009/50/EC into the Polish legal system. The amendments assume a change in the form of applications for residence permits for foreigners and making the procedure to obtain an EU Blue Card easier. The legislation is currently at the parliamentary stage; its entry into force is expected in the coming months.

The procedure to obtain a Blue Card is to be simplified. Shortening of the period of professional experience that a foreigner must demonstrate when applying for this type of residence card is planned. Currently, a foreigner must demonstrate five years of professional experience. After the changes, this period (for certain professions) will be three years. The new legislation stipulates that the foreigner will be required to provide an employment contract (or civil law contract) as proof of employment concluded for at least six months (instead of one year).

Blue Card holders will be able to perform business activities (a sole proprietorship) in Poland on the same basis as EU citizens – ie, without having to obtain an additional permit. This change means that Blue Card holders will also be able to work on a B2B basis.

After the changes, Blue Card holders will be able to benefit from long-term and short-term mobility within the EU.

Changes to the Residence Rules for Ukrainians

In the coming months, changes are also expected to the residence rules for Ukrainian citizens and their family members who have come to Poland due to the war. The legality of their stay in Poland has been extended until 30 September 2025. At this point, it is not known how the stay of Ukrainians in Poland will be regulated – ie, whether the current rules will be extended or if the government will return to the rules that applied before the war.

In Poland, a visa is a document legalising entry and stay in Poland, while the work permit is a separate document required to legally work in the country. Visas or other residence titles are obtained by the foreigners themselves. Work permits are sponsor-based, and the foreigner needs an employer to obtain a work permit (if the foreigner is not released from the obligation to have a work permit due to their individual situation, such as being an EU citizen or being student at or graduate from a Polish University).

As a general rule, the issuance of a work permit is not sector-specific. The only exception is a work permit for seasonal work, which is issued only for sectors with significantly higher labour demand during certain periods of the year due to recurring events or types of events subject to seasonal conditions in these subclasses of activity. These sectors are determined by the Council of Ministers through a separate order and include agriculture, forestry, hunting and fishing, catering and accommodation.

From 1 June 2025, fast-track processing of work permits will be available for the following.

• Employers performing activities of significant importance to the Polish economy. This applies to entrepreneurs indicated in the register kept by the competent minister, including:
1. entrepreneurs benefitting from support for investments of significant importance to the economy under separate regulations;
2. entrepreneurs benefitting from the support of new investments under separate regulations; and
3. entrepreneurs benefitting from the support of investment projects of strategic importance for the transition to a net-zero emissions economy under separate regulations.
• Foreigners continuing the same terms of employment.
• Employers hiring for groups of professions with staffing shortages; such groups of professions will be defined separately by the competent minister.

There are several options for sponsor-based employment in Poland: (i) a work permit for a Polish entity entrusting work to a foreigner; (ii) a work permit to perform a specific function; (iii) a work permit in connection with the posting of a foreigner by a foreign entity to Poland; and (iv) a work permit for seasonal work. The application for these work permits is submitted by the employer. The employee needs to secure the residence title (visa, residence permit, etc) under a separate procedure.

A work permit for a Polish entity entrusting work to a foreigner is a standard work permit obtained for foreigners to work in Poland for an employer conducting an activity in Poland.

A work permit to perform a specific function is obtained for a foreigner appointed to a company’s management board, or who conducts the affairs of a limited partnership or limited joint-stock partnership as a general partner or in connection with the granting of a general power of attorney for a period exceeding a total of six months in any consecutive 12-month period.

A work permit in connection with the posting of a foreigner by a foreign entity to Poland is issued if a foreigner performs work for a foreign employer and is posted in the territory of Poland:

• to a branch, plant or representative office of a foreign entity, or in an entity in a relationship of domination or dependence with a foreign entity, or in a relationship of affiliation;
• to perform a service of a temporary and occasional nature – ie, “export service” (meaning a service of a temporary and occasional nature performed by a foreign entity that does not conduct business in the territory of Poland); or
• for a purpose other than that indicated in point (i) in the foregoing and for a purpose other than the provision of services.

A work permit for seasonal work is available for selected business sectors. An alternative option is a unified permit for work and stay issued within the context of a procedure initiated by a foreigner (the employee). Either way, the employee needs to have an employer and provide a form completed by the employer.

A simpler procedure is applied for Ukrainian citizens. The employer is required only to notify the competent authority about the entrusting of work to a Ukrainian.

A permanent residence permit in Poland is not issued for work-related purposes but is issued to foreigners who have family connections to Poland (eg, are of Polish origin or have a Polish spouse or a “Pole’s Card”). However, foreigners residing in Poland due to work (economic reasons) may apply for a residence permit as a long-term EU resident.

A residence permit for a long-term EU resident is issued to a foreigner for an undefined term if the foreigner resides in Poland legally and continuously for at least five years immediately prior to submitting the application and meets all the following conditions:

• has a source of stable and regular income sufficient to cover the costs of living for themselves and dependent family members;
• has health insurance within the meaning of the Act of 27 August 2004 on healthcare services financed from public funds, or a confirmation of coverage by an insurer of the costs of treatment on the territory of the Republic of Poland; and
• has a confirmed knowledge of the Polish language.

The options for unsponsored work permits are very limited in Poland.

Previously, it was possible to apply for a visa under the Poland.Business Harbour programme, dedicated to engineers and IT specialists from selected countries including Belarus, Ukraine, Moldova, Georgia, Armenia and Azerbaijan. Poland.Business Harbour visa holders were allowed to work in Poland without obtaining a work permit during the visa’s period of validity. However, the programme has been suspended, and citizens of the above-mentioned countries must legalise their stay and work under the general rules (depending on the rules for a particular nationality), including obtaining a visa via the standard procedure and holding the appropriate title entitling them to work.

In addition, foreigners from certain countries may conduct business activity in Poland as a sole entrepreneur if they obtained a proper residence title. However, additional permits and restrictions may apply to business activity.

There is a possibility to enter Poland only for business purposes if such business trip does not include performing work. If the business trip to Poland includes work, then a work permit is needed. Entry for business purposes is possible based on a visa-free regime (applies to nationalities that have such a possibility) or based on a business visa issued for such purposes. In the case of inspection, business visitors need to present confirmation of their business meeting schedule or other documents confirming that the purpose of their stay in Poland is not connected with the performance of work.

There are no specific provisions of law covering allowed professional activities that may be carried out without a work permit. In practice, the activities (not work performance) potentially permitted by the Polish authorities include meetings, visiting premises, training, planning and negotiations. Every situation should be individually assessed. Further, work permits are required if assignments exceed 30 days; therefore, business activities exceeding 30 calendar days should be conducted under a work permit.

Exemptions from a work permit are also available for foreigners posted by a foreign employer to Poland, if they retain permanent residence abroad and their stay in Poland is for a period not exceeding three months in a calendar year, to:

• perform assembly, maintenance or repair work of delivered technologically complete devices, structures, machines or other equipment, if the foreign employer is their manufacturer;
• accept ordered devices, machines, other equipment or parts made by a Polish entrepreneur;
• train a Polish employer’s employees (the recipient of the devices, structures or machines); and
• assemble, disassemble and maintain exhibition stands if the exhibitor is a foreign employer who delegates these tasks to them.

No pre-travel authorisation is needed before travelling to Poland. Currently, foreigners who can enter Poland based on a visa-free regime do not need to complete any additional formalities. The EU plans to start operating the European Travel Information and Authorisation System (ETIAS) in the last quarter of 2026.

Remote work in Poland is understood as working from a place chosen by an employee, and accepted by the employer, outside the employer’s premises. A foreigner can work remotely from Poland for a Polish entity, or for a foreign entity, if the foreigner holds a right to work and a right to stay in Poland. Further fiscal and social security obligations may apply. There are no specific remote work regulations or exemptions. In addition, Polish regulations do not provide for a separate work permit dedicated to employees working remotely.

Poland does not have any language requirements that must be met to obtain a visa, work permit or residence permit.

Confirmation of a foreigner’s Polish language knowledge is required when a foreigner applies for (i) residence as a long-term EU resident or (ii) Polish citizenship. In these cases, the foreigner must confirm their Polish language knowledge is at least at the B1 level.

Entry and travel restrictions related to COVID-19 were completely lifted in March 2022. As a rule, medical certificates or vaccinations are not required for visa or residence permit application purposes.

However, foreigners applying for visas at Polish consulates must have health insurance for EUR30,000 covering the costs of hospitalisation in Poland for at least six months. Possessing health insurance is a condition to obtaining a visa. When applying for a temporary residence permit, a foreigner must present (i) documents confirming health insurance (a certificate from the Social Insurance Institution) or (ii) confirmation of private health insurance in the territory of Poland.

To obtain a visa at the Polish consulate allowing a foreigner to work, the foreigner must justify their residency in Poland. If a foreigner applies for a work visa, they will need to produce a work permit that the employer previously obtained. There are several types of work permits available, and slightly different conditions must be met to obtain them.

Work Permit for a Polish Entity Entrusting Work to a Foreigner

For this permit, the following applies:

• the amount of the foreigner’s monthly remuneration cannot be lower than the amount of the minimum wage;
• the amount of remuneration, which will be specified in the contract with the foreigner, cannot be lower than the remuneration of employees performing work of a comparable nature; and
• the working hours cannot be less than ¼ of full time and cannot exceed full time.

Work Permit to Perform a Specific Function

This permit is issued for:

• a foreigner performing a function of a management board member of a legal person entered into the register of entrepreneurs of the National Court Register, a management board member of a capital company in an organisation, or a person managing the affairs of a limited partnership or a limited joint-stock partnership, or representing such company (eg, a proxy); or
• a foreigner who performs one of the functions indicated in the foregoing for a period longer than six months in a 12-month period.

The company must demonstrate that it achieved adequate income in the previous year, and the company must demonstrate that it employed at least two employees in the year preceding the application or will meet the foregoing requirements in the future.

Work Permit in Connection With the Posting of a Foreigner by a Foreign Entity to Poland

This permit is issued for:

• a foreigner who is posted to Poland, or for the purpose of performing occasional services (export services); or
• a foreigner who is employed by a foreign employer based on an employment contract.

The posting period must be longer than 30 days, and the amount of the foreigner’s remuneration will not be lower than 70% of the current average monthly remuneration in the voivodeship on the day the application is submitted.

Work Permit for Seasonal Work

This permit is issued for seasonal workers. The amount of remuneration, which will be specified in the contract with the foreigner, cannot be lower than the remuneration of employees performing work of a comparable nature.

An employment-based visa is not limited to a specific employer. However, a work permit is subject to such restrictions and is issued for the purpose of working for a specific employer. With this in mind, if a foreigner already has a visa entitling them to work in Poland, such foreigner cannot be hired by a new employer until a new work permit is issued.

Employing a foreigner without obtaining a work permit when the regulations require it beforehand is treated as illegal employment and may result in a fine of up to PLN50,000, at the authorities’ discretion.

Obtaining a foreigner’s criminal record is possible only for professions that legally require it (eg, security agents, teachers and police officers). In other cases, it is not possible.

Generally, during the visa procedure, the foreigner should show proof of sufficient funds for travel to Poland, usually for at least the first month of their stay in the country – eg, a bank statement from the last three months. However, the list of documents needed to obtain a work visa may vary depending on the consulate.

The immigration process differs depending on whether the foreigner’s residence or work is being legalised. As a rule, the proceedings are largely electronic; however, concerning the legalisation of residence, it is necessary for the foreigner to visit the immigration office in person to submit a fingerprint.

National visas are issued in Polish consulates abroad. Registration for an appointment is done online, but it is necessary for the foreigner to visit the consulate, apply in person and leave their passport.

The legalisation of work (obtaining a work permit, notification of the start of work by a foreigner) is carried out fully electronically at a national voivodeship office or labour office. The party to this procedure is the employer; the foreigner does not participate in the procedure.

The legalisation of residence (obtaining a residence permit) is partly done electronically, and the exact method of submitting the application depends on the specific voivodeship office. As a rule, applications can be submitted by a proxy, but the foreigner must be present during the application to submit fingerprints. Receipt of the residence card also requires the foreigner’s presence (again, fingerprints are verified).

National visas are issued by Polish consulates abroad; the foreigner applies for a visa in their country of origin or at the consulate serving that country.

The legalisation of work and residence takes place in Poland, and the office’s competence is determined by the foreigner’s place of residence (regarding the legalisation of residence) and the company’s seat (regarding the legalisation of work).

Visa Procedure

As a rule, a visa can be obtained at the Polish consulate in the foreigner’s country of origin. The waiting time for an appointment at the Polish consulate depends on the country in which the foreigner is applying for a visa; it varies from a few weeks to several months.

In many countries, due to the high interest in obtaining a visa, consulates have introduced a lottery system for visa applications. In such cases, the foreigner must first register electronically for the lottery and then participate in it. Once an appointment date has been nominated, the foreigner will be able to submit the visa application at the consulate. The lottery usually takes place once a week and includes the upcoming appointment dates at the consulate. The lottery system is fully electronic.

From 1 June 2025, a major amendment to immigration law introduced priority processing for certain visa applications. Priority processing of visa applications will be available to foreigners who will work for employers included in the list of economic activities of significant importance to the national economy, or in an occupation identified on the staff shortage list.

Priority only applies to the processing of the visa application, not to the possibility of getting an appointment faster or skipping the appointment lottery.

After a foreigner submits a set of documents at their appointment, the Polish consulate has, as a rule, 15 days in which to issue a visa. These deadlines are largely respected. Regarding priority entitlement (described in the foregoing), the time limit for issuing a visa will be shorter.

Work Permit

The waiting time for a work permit is, on average, two to four months, depending on the immigration office and the case’s complexity.

From 1 June 2025, employers will no longer have to obtain a “labour market test” (a certificate stating that a Polish citizen cannot be employed in a given job position). This change will streamline the procedure and shorten the waiting time to obtain a work permit.

Residence Permit

The standard time to issue a residence permit ranges from several months to a year. Processing times vary between different immigration offices and according to the reason for the foreigner’s stay in Poland. Once a complete application for a residence permit is submitted to the immigration office, the foreigner’s stay is considered legal throughout the procedure.

If a foreigner must have a visa to enter Poland, they cannot cross the border before obtaining the document. In addition, if the visit to the consulate is completed successfully, the foreigner leaves his or her passport at the consulate for the purpose of printing the visa.

Concerning applications for any type of residence permit, the foreigner’s stay in Poland is legal during the entire procedure. Once the application is submitted, a red stamp is placed in the foreigner’s passport to confirm that they are within the procedure period. The immigration regulations do not provide for restrictions on travel outside Poland after applying for the residence permit, although re-entry into Poland requires possession of a valid visa (if the foreigner’s nationality requires a visa to enter Poland) or another residence title (eg, visa-free travel entitlement). If the foreigner does not have a valid residence title, they should not travel outside Poland during the procedure.

As a result of the immigration changes that came into force on 1 June 2025, a fast-track system for certain visa applications has been introduced. Priority in processing visa applications may be given to foreigners who intend to take up employment with employers who are engaged in business activities in sectors of key importance to the Polish economy, or to foreigners whose profession is listed on the staff shortage list. Once the new rules enter into force, executive regulations will be issued specifying the sectors of key importance for the Polish economy and the list of professions with staff shortages.

In other cases, the existing rules apply, according to which appointments are scheduled automatically (depending on the staff occupancy of the consulate at a given time) or by lottery for an application submission. In this context, it is necessary to determine the current waiting period for a visit to a particular consulate sufficiently early to have time to collect the necessary documents (including obtaining a work permit). This will help the visa application submission well in advance so as to allow the foreigner to arrive in Poland on the date planned by the employer.

After obtaining a visa and work permit, the foreigner’s stay and work are legal as long as the visa and permit are valid. A national Type D visa for work is issued for a maximum period of one year, while a Type C Schengen visa for work allows residence for a maximum of 90 days within each 180-day period. A work permit is issued for a maximum period of three years. Please note that the absence of a legal basis for residence (such as the lack of a visa) makes it illegal for a foreigner to work in Poland, even if the work permit is still valid.

If a foreigner plans to stay in Poland and work for a period exceeding the visa’s validity, they must take steps to legalise a further stay. The foreigner has two options in this situation.

• Obtain a new visa: this option requires the foreigner to return to their country of origin and obtain a visa at the Polish consulate (it is not possible to obtain a visa at the consulate in Poland).
• Obtain a temporary residence permit: the application is submitted to the immigration office in Poland in the city where the foreigner lives. According to current regulations, a foreigner may submit the application no later than the last day of legal residence in Poland. However, the waiting time for an appointment to submit an application is approximately two to four months. In this context, the foreigner should not wait until the last day. After submitting the application, the foreigner receives a stamp in their passport, and residency in Poland is considered legal throughout the whole procedure.

Employing a foreigner without legal basis for residence or work in Poland is understood to be illegal employment and may result in a fine of up to PLN50,000, at the authorities’ discretion. In addition, the employer may be prohibited from employing foreigners in the future, and the foreigner may be obliged to return to their country of origin and be banned from entering the Schengen area for up to three years.

The total fee for the procedure of legalising residence and work in Poland includes fees for a visa, a work permit and a temporary residence permit. The type of documents needed to legalise residence and work depends on the foreigner’s nationality.

The visa, work permit and residence permit costs in Poland are as follows.

• Type D national visa – the visa fee is currently EUR135, as is the fee for reprocessing the application.
• Type C Schengen visa – the visa fee is EUR90, as is the fee for reprocessing the application.
• If the application is denied, the fee is not refundable. At some consulates, the visa fee can only be paid in cash.
• Work permit fee – the fee for applying for a permit is:
1. PLN100 – if the foreigner’s work period is to be longer than three months; and
2. PLN50 – if the foreigner’s work is to last no longer than three months.
• The labour market test was free of charge and, since 1 June 2025, is no longer required.
• The temporary residence permit fee (for the purpose of work) is PLN440. The fee for an application for a temporary residence permit related to other purposes (eg, family reunification) is PLN340.
• The permanent residence permit fee is PLN640.

Please note that the fee amounts are subject to change. Thus, before applying, the current amounts of individual fees should be checked and confirmed.

The regulations do not specify rules as to who should be responsible for covering the costs associated with the foreigner’s residence (ie, visa or residence permits). Payment of the visa fees as well as fees related to the foreigner’s further residence in Poland (eg, a temporary residence permit) can be made by the applicant, the employer or a third party.

The fee for the work permit is covered by the employer as the employer is the party of the procedure. However, there is no prohibition stopping a third party from making the payment. It is not common practice for the employee to pay the fee for work permits.

The authorities take enforcement action against both the foreign employee and the employer if the foreigner’s residence or work is illegal.

Illegal employment of a foreigner is considered to be employing a foreigner:

• who does not have legal residence in Poland (ie, a visa or a residence permit);
• who is staying in Poland based on a tourist visa or some other basis not entitling them to work (eg, a visa for temporary protection, visiting family or friends or medical treatment, or a visa issued by another Schengen country);
• who does not possess an appropriate document legalising their employment, unless they are exempt from the obligation to possess a work permit;
• on conditions other than those indicated in the work permit (or in a statement on entrusted work/in a joint stay and work permit); and
• without concluding an employment contract or a civil law contract in written form.

The following consequences should be considered in the case of illegal work:

Under applicable law, an employer or person who entrusts a foreigner with illegal work is subject to a fine. From 1 June 2025, the fines range from PLN3,000 to PLN50,000. A foreigner who undertook illegal employment is also subject to a fine (from PLN1,000). The voivod may also decide to revoke the issued work permit or refuse to issue further permits to the employer concerned. A foreigner who illegally performs work may be obliged to leave Poland and receive a ban on re-entry into the country and other Schengen area countries for a period of one to three years. The employer will be obliged to cover the costs related to the issuance and enforcement of a decision obliging the foreigner to leave Poland if the decision is subject to compulsory enforcement.

In addition, under Criminal Code provisions, whoever enables or facilitates the illegal stay of foreigners in the territory of Poland for financial or personal gain is subject to a penalty of deprivation of liberty of between three months and five years.

There are no obligations on an employer sponsoring an employment-based visa (or residence permit). If the fee for the procedure of legalising residence and work in Poland is not paid, it is treated as a “formal deficiency”, so the issuing authority will call for payment of the fee by a certain date. If the fee is not paid, the application will be returned.

Visa

To obtain an employment-based visa, the foreigner must attach a work permit or a statement on entrusted work (if applicable) to the visa application. Thus, the employer’s obligation, whether they sponsor the visa or not, is to obtain a work permit or statement and then send this document to the foreigner.

Residence Permit

To obtain an employment-based residence permit, the foreigner must attach Annex No 1, completed by the employer, to the application for a residence permit. The employer’s obligation is to complete and sign two copies of this document.

Work Permit

The employer is obliged to obtain a work permit for the foreigner before the foreigner starts performing work, if there are no other grounds for the foreigner to perform work.

In addition, the employer is obligated to:

• execute an employment contract with a foreigner in written form;
• include the terms and conditions specified in the work permit in the contract with the foreigner;
• submit a copy of the employment contract to the authority through the electronic system prior to starting employment;
• keep the Polish sworn translation of the employment contract (if executed in a foreign language);
• inform foreigners about the right to join trade unions;
• inform foreigners about the work legalisation procedure and issuance (or refusal) of a work permit, and provide the work permit decision to foreigners;
• verify documents confirming the foreigner’s identity, including their passport and PESEL (Powszechny Elektroniczny System Ewidencji Ludności) number (if the foreigner has one); and
• process the foreigner’s personal data for a period of at least two years from the end of the calendar year in which the legal relationship that was the basis for the foreigner’s employment was terminated or expired.

The employer is also obliged to notify – within seven days – the voivod who issued the work permit, through the system, of the following circumstances:

• a change of the registered office or place of residence, name or legal form of (i) the employer, (ii) the entity to which the foreigner is posted in Poland or (iii) the user employer;
• the establishment or a part thereof being taken over by another employer;
• a change of job role (without a change in the scope of duties);
• the foreigner not starting to perform work within two months from the initial date of the work permit’s validity;
• the foreigner stopping the performance of work for a period exceeding two months; and
• the foreigner’s employment contract being terminated earlier than two months before the expiry of the work permit’s validity period.

The right to work check requirement in Poland can be deduced from the provisions regulating penalties for illegally employing foreigners, and the employer’s obligations to keep certain personal data of foreigners and copies of their documents.

There is no explicitly formulated procedure for checking a foreigner’s right to work; however, taking into account the regulations governing the residence and work of foreigners and their right to the residence check requirement, as well as the employer’s obligations to collect certain personal data of the foreigner together with the obligation to keep copies of the documents, the following procedure can be adopted.

First of all, the employer should:

• require the foreigner to present, before starting work, a valid document authorising them to stay in the territory of the Republic of Poland; and
• keep copies of documents entitling the foreigner to stay in the territory of the Republic of Poland for the entire period of the foreigner’s performance of work and for a period of two years after termination of employment.

Next, the employer should ascertain whether the foreigner can work in Poland without a work permit. If the foreigner is not in the group of persons exempted from this obligation, the employer has to obtain a work permit or register a statement on entrusting work to a foreigner (if applicable).

There are several possible routes to obtain a visa for a foreigner who is a family member of another person residing or about to reside in Poland.

The first concerns situations in which a foreigner accompanies a citizen of the EU, Norway, Iceland, Liechtenstein or Switzerland; and the second is a situation in which the foreigner is to join another foreigner (a citizen of another country) residing in Poland (based on documents specified in the regulations). Regarding the visa for a person accompanying a citizen of the EU or the above-mentioned countries, a family member is considered to be a foreigner who is:

• a spouse of a citizen of the EU or one of the above-mentioned countries;
• a direct descendant (child) of a citizen of the EU or one of the above-mentioned countries, or of their spouse, who is under 21 years of age, or a dependant of a citizen of the EU or one of the above-mentioned countries, or their spouse; or
• a direct ascendant (parent) of a citizen of the EU or one of the above-mentioned countries, or of their spouse, being a dependant of a citizen of the EU or one the above-mentioned countries, or of their spouse.

A foreigner who is a family member of another foreigner may apply for a residence permit for the purpose of family reunion, and for a visa to implement this type of residence permit. In this situation, a family member is considered to be a foreigner who is:

• a person bonded to a foreigner by marriage recognised by the law of the Republic of Poland;
• a minor child of a foreigner and a person bonded to that foreigner by marriage recognised by the law of the Republic of Poland, including an adopted child;
• a minor child of a foreigner, including an adopted child, being the foreigner’s dependant over whom the foreigner exercises actual parental authority; or
• a minor child of the person referred to in the first bullet point, including an adopted child, being a dependant over whom that person exercises actual parental authority.

While applying for a visa or temporary residence permit to stay in Poland with a family member, the foreigner who works in Poland must have a legal right to reside and work. If the family member can legally reside and work in Poland, their family can apply for a residence permit to stay with them.

A family member who holds a visa to accompany a citizen of an EU country or a residence permit for the purpose of family reunion can work in Poland without a work permit.