If you plan to hire an employee in Poland or relocate a team member to the country, ensuring they have the right legal status is crucial. Polish immigration laws can be complex, especially if you lack experience with international hiring. This article covers the essential aspects of obtaining a work permit and visa in Poland, eligibility criteria.
Importance of Immigration Compliance in Poland
With the rise of remote working, many countries, including Poland, have enacted laws to prevent individuals from working on a tourist visa. As of 2023, Poland has new regulations that place obligations on employers to support remote workers. Non-compliance can result in fines, deportation for workers, and severe penalties for employers, including bans from hiring in the country.
To work legally in Poland, foreigners need a valid work permit or a residence card with an “access to the labor market” note. Tourist visas or visas for visiting friends or family do not permit paid work. However, EU citizens, along with citizens from Norway, Iceland, Liechtenstein, and Switzerland, can work in Poland without a work permit. Nationals from Moldova, Ukraine, Armenia, Georgia, Russia, and Belarus can also work without a visa for up to six months within a 12-month period, but longer employment requires a special declaration from the employer.
Work Visa and Permit Requirements
Eligibility for Work Visa
Non-citizens generally need a legal work permit to work in Poland. Some nationals do not need to apply for a work visa for short stays but can only work up to 90 days within a 180-day period under a visa-free regime. For longer stays, a residence permit is required.
Schengen Visa
A Schengen visa allows entry into Poland and other Schengen area countries. A Business Schengen visa permits business activities but does not allow access to the local labor market. For employment purposes, a Polish national employment (Type D) visa is required.
European Union Blue Card
The EU Blue Card is for highly-qualified employment and is valid for three months to three years. Applicants need a higher education diploma relevant to their work or at least five years of work experience in their field.
Long-Stay Visa Types
In Poland, long-stay visas (Type D visas) are for stays between 91 and 365 days. These are commonly granted for family reunions, work, higher education, or individuals with Polish roots. Employers must apply for a work permit on behalf of the employee at the local Voivodeship office.
Application Process for Work Permits
Employers need to submit various documents, including:
- Application form
- Proof of application fee payment
- Employer’s legal status proof
- Employee’s passport scans
- Health insurance confirmation
- Employment contract
Employers have the same duties towards foreign employees as Polish citizens, including verifying valid residence permits and maintaining compliance records.
Applying for a Work Visa
Employees must provide:
- Valid passport
- Completed visa application form
- Color photos
- Flight itinerary
- Travel health insurance
- Proof of accommodation
- Original and copy of the work permit
- Letter of employment
- Work certificate or CV
- Police clearance certificate
Processing times vary but generally take up to 12 days, potentially extending to six weeks. It’s advisable to apply at least two months in advance.
Sponsorship and Support
Employers can sponsor visas for those entering or already residing in Poland. For assistance with relocation and ensuring compliance with local labor laws, partnering with an expert like Baaraku can be beneficial.
Navigating Digital Nomad Visas
Poland does not currently offer a digital nomad visa. Digital nomads must be employed by a Polish company or use alternative visa options like the Freelance visa or Type D visa.
Conclusion
Hiring in Poland requires careful navigation of immigration laws and compliance with local regulations. Partnering with an expert like Baaraku can streamline the process, ensuring legal compliance and minimizing risks.
