Fraud Blocker Immigration and Visa Regulations for Employees in Poland - Parakar

Immigration and Visa Regulations for Employees in Poland

Expanding your business internationally is an exciting prospect, but it comes with its challenges, particularly in navigating immigration and visa regulations for employees. At Parakar, we specialize in guiding companies through these complexities, ensuring compliance and minimizing risks. In this blog, we’ll explore the nuances of employing foreign workers in Poland and offer valuable insights for international companies looking to expand their operations.

Understanding Work Visa Requirements in Poland

A foreigner should obtain a visa at the Polish consulate competent for the country of his permanent or temporary residence or stay in order to perform work, which will enable him to legally stay and work on the territory of Poland.

The following entitles a foreigner to work in Poland:

–        Schengen visa type “C”

–        type “D” national visa.

A foreigner will receive a visa on the basis of a work permit, a certificate of entry of an application for a seasonal work permit in the register of applications or an employer’s declaration on entrusting work to a foreigner, entered in the register of declarations by the district labor office.

A Schengen visa is issued when a foreigner plans to stay in Poland for a short period of time, i.e. for a period not exceeding 90 days during each 180-day period (during one or more entries), counted from the date of entry during the visa validity period.

This type of visa – uniform Schengen visa symbol C – entitles a foreigner not only to stay on the territory of Poland, but also to move around all countries belonging to the Schengen area.

A national visa (symbol D) is issued when a foreigner plans to stay on the territory of Poland for a period longer than 90 days (during one or several entries) during the visa validity period. This is a long-term visa.

The validity period of a national visa begins no later than 3 months from the date of its issuance and does not exceed 1 year. The national visa entitles you to stay in Poland for the period indicated therein, but no longer than one year. Based on it, a foreigner may also stay in Schengen countries for up to 90 days in each 180-day period without the need to obtain visas from the authorities of individual Schengen countries.

Visas typically intended for work in Poland are visas in which the purpose of issuance is marked as:

–        “05a” – in order to perform work on the basis of a declaration on entrusting work to a foreigner, entered into the register by the district labor office

–        “05b” – for the purpose of performing seasonal work

–        “06” – in order to perform work that is not covered by the above visas, i.e. most often on the basis of a work permit.

Navigating Employee Immigration Law in Poland

Poland has a comprehensive legal framework governing employee immigration, outlining rights and obligations for both employers and employees. The main legislation governing immigration in Poland includes the Act on Foreigners and related regulations. It’s crucial for companies to understand and comply with these laws to avoid penalties and legal complications.

Obtaining Expatriate Work Permits in Poland

Expatriate work permits are essential for foreign employees intending to work in Poland for an extended period. The process for obtaining these permits may vary depending on factors such as the type of employment and duration of stay.

Employers are typically responsible for initiating the work permit application process on behalf of their foreign employees. This involves submitting the necessary documentation to the relevant authorities, such as the provincial governor’s office (Voivode).

Work permits are issued based on the employer’s application and supporting documents, including the employment contract, proof of qualifications, and evidence of compliance with Polish labor laws.

Visa Application Process in Poland

The visa application process in Poland typically involves several steps, and understanding these procedures is essential for successful employee relocation.

  • Step 1: Determine Visa Type: Identify the appropriate visa type based on the purpose of the employee’s stay in Poland (e.g., work, study, business).
  • Step 2: Gather Required Documentation: Compile all necessary documentation, including the visa application form, passport photos, employment contract, proof of accommodation, and financial means.
  • Step 3: Submit Application: Submit the visa application along with the required documents to the relevant Polish consulate or embassy in the applicant’s home country.
  • Step 4: Attend Interview (if required): Some visa applicants may be required to attend an interview as part of the application process.
  • Step 5: Await Decision: Once the application is submitted, the processing time for a Polish visa may vary depending on the type of visa and individual circumstances. Applicants should monitor the progress of their application and be prepared to provide additional information if requested.
  • Step 6: Collect Visa (if approved): Upon approval, the applicant can collect their visa from the consulate or embassy and make arrangements for travel to Poland.

Residency Permits for Employees in Poland

In addition to work visas, foreign employees staying in Poland for an extended period may need to obtain residency permits.

  • Temporary Residence Permit: Foreign nationals intending to stay in Poland for longer than 3 years typically need to apply for a temporary residence permit. This permit allows for a longer stay in Poland for purposes such as work, study, or family reunification. However, the validity period of the permit may be shorter if the basis for applying for this permit indicates that a shorter stay is justified.
  • Permanent Residence Permit: Foreign nationals who have resided in Poland for a specified period may be eligible to apply for a permanent residence permit, granting them the right to reside in Poland indefinitely.
  • Application Process: The application process for residency permits may vary depending on the type of permit and individual circumstances. It generally involves submitting the required documentation to the provincial governor’s office (Voivode) or the Department of Citizenship and Foreigners’ Legalization.

Compliance with Foreign Worker Regulations in Poland

Employers in Poland must adhere to specific regulations governing the employment of foreign workers to ensure compliance with labor laws and immigration requirements. This includes verifying the legal status of employees, ensuring proper documentation is in place, and adhering to any restrictions or quotas on foreign labor. Failure to comply with these regulations can result in fines, legal penalties, and even the revocation of work permits or visas.

Immigration Legal Services in Poland

Parakar offers comprehensive immigration legal services to support companies in navigating the complex legal landscape of immigration in Poland.

  • Consultation and Guidance: Our team of legal experts provides consultation and guidance on various immigration matters, including visa applications, work permits, and residency permits.
  • Application Assistance: We assist companies and individuals in preparing and submitting visa and permit applications, ensuring compliance with all relevant regulations and requirements.
  • Legal Representation: In the event of legal challenges or disputes related to immigration matters, Parakar provides legal representation and advocacy to protect our clients’ interests.
  • Compliance Audits: We conduct compliance audits to assess an organization’s adherence to immigration laws and regulations, identifying any potential risks or areas for improvement.

Employee Relocation Policies in Poland

Developing comprehensive employee relocation policies is essential for international companies relocating employees to Poland.

  • Policy Development: We assist companies in developing tailored relocation policies that address the unique needs and circumstances of their employees relocating to Poland.
  • Visa and Permit Support: Our services include providing guidance and support throughout the visa and permit application process, ensuring a smooth transition for employees.
  • Cultural Integration: We offer support and resources to help employees integrate into Polish culture and society, including language training and cultural orientation programs.
  • Ongoing Support: Parakar provides ongoing support to both employers and employees throughout the relocation process, addressing any challenges or concerns that may arise.

Navigating immigration and visa regulations for employees in Poland requires a thorough understanding of local laws and compliance requirements. At Parakar, we leverage our expertise to assist companies in expanding their operations seamlessly. By partnering with us, international companies can ensure compliance, reduce risks, and focus on growing their business. Contact us today to learn more about how we can support your international expansion efforts in Poland and beyond.

Our network

Your ideal
global partner

For our talent, being able to be globally mobile and to work for any employer from anywhere around the globe is key.

Working remote

Working remote in Poland, thanks!

helping France

Thanks for helping me out in France!

You’re welcome, we’re Parakar

Office Netherlands +31 85 2010 004
Office Germany +49 3222 109 47 14
Office Ireland +353 15 137 854
Office Belgium +32 2 592 0540
Office France +33 18 48 89 879
Office Spain +34 932 201 410
Office UK +44 2036 0862 58
Office Italy +39 0282 944 661
Office Portugal +351 305510191
Office Poland +48 221031254