Most of the time, the right to stay in Poland is a separate matter from the right to work in Poland. Therefore, the mere fact of a foreigner’s legal stay (e.g. by gaining a temporary residence permit / visa, owning a residence permit from another Schengen State or due to a visa-free stay) does not mean that the foreigner is able to undertake work in the territory of the Republic of Poland. – They will usually have to additionally apply to obtain a work permit.
However, there are, many exceptions to this basic rule, which are stated in the Act on Employment Promotion and Labor Market Institutions and in the ordinance of the Minister of Labor and Social Policy issued on the basis of the above-mentioned Act.
A foreigner has the access to the Polish labor market and is not required to have a work permit, among others, if:
- 1)has a permanent residence permit in the Republic of Poland;
- 2)has a residence permit for a long-term resident of the European Union in the Republic of Poland;
- 3) is a citizen of a Member State of the European Union;
- 4)is a citizen of a country of the European Economic Area which is not a part of the European Union;
- 5) is a citizen of a country which is not a party to the Agreement on the European Economic Area, who can exercise the freedom of movement of persons on the basis of an agreement settled by that country with the European Community and its Member States;
- 6) accompanies another foreigner defined in points 3-5 on the territory of the Republic of Poland, as a family member within the meaning of the Act of 14 July 2006 on the enteringinto the territory of the Republic of Poland, stay and departure from this territory of citizens of the European Union Member States and their members families;
- 7)stays on the territory of the Republic of Poland in relation to the use of the student’s mobility under the conditions defined in art. 149b paragraph. 1 of the Act of 12 December 2013 on foreigners;
- 8) is a foreign language teacher who conducts work in a kindergarten, school, institution, center, teacher training institution or college specified in the regulations on the education system, or in Voluntary Labor Corps,
- 9) is a student of full-time studies in the Polish Republic or a participant of PhDstudies in the Polish Republic;
- 10) is a student who conducts work as part of professional internships directed by organizations that are members of international student associations;
- 11) is a graduate of Polish secondary school, full-time university studies or full-time PhD studies at Polish universities, research institutes of the Polish Academy of Sciences or research institutes functioning on the basis of the regulations on research institutes;
- 12) holds a valid Pole’s Card;
- 13) holds a uniform residence and work permit;
