In the past, Poles used to go abroad for work. Today, Poland is increasingly becoming a destination for labor migration. The number of foreign nationals in the country is growing every year. Some plan to stay permanently, while others choose temporary residence and seasonal work. They often find employment in sectors where there is usually a shortage of Polish workers. But what does this look like from a formal perspective? How should the legalization of employment of foreign nationals be carried out?
Ways to legalize residence and employment of foreign nationals in a Polish company
Since Poland is a member of the European Union, it is one of the countries where migrants see favorable conditions for work and living. However, in order for foreign nationals to settle in Poland, they must meet several requirements. First of all, legalization of residence requires several documents, including a residence and work permit. These permits can take different forms, and the choice depends on several factors, such as the purpose of stay, how long the foreign national intends to stay, and the type of work they want to perform . Legalization of employment of foreign nationals in Polish companies can be carried out in several ways, which we will take a closer look at below.
Types of work permits
A work permit is necessary for a foreign national to be legally employed in a company operating in Poland . This ensures that neither the employee nor the employer faces legal consequences. The concept of a work permit is sometimes confused with a permanent or temporary residence card, but these are not the same. First comes the permit and legalization of employment, and only then a permanent or temporary residence card is issued.
Type A work permit
There are several types of work permits in Poland: type A, B, C, D, and E. However, since legalization of foreign nationals most often concerns type A permits, we will focus on this one. A type A permit applies to employment of citizens from outside the European Union who are not exempt from the requirement to have a permit. The application for a type A permit is submitted by the employer who wants to hire the foreign national . It is issued based on a contract with an employer whose business is registered in Poland. A type A work permit is issued for a period not exceeding 3 years.
Type B work permit
Legalization of employment of foreign nationals in this case is similar to type A permits. It is granted to foreign nationals who are members of the management board of a legal entity entered into the register of entrepreneurs or a capital company. It is issued for a period of 3 years or up to 5 years if the company employs more than 25 people.
Other permits
There are also other types of permits in Poland. Type C permits are granted to foreign nationals delegated by a company from outside the European Union to work in Poland for a period not exceeding 30 days. If the employment lasts longer, a type D work permit is required. There is also a type E permit, which applies to periods longer than 6 months following a type D permit. More information about permits can be found on gov.pl .
Which permit is best for your employee?
In most cases, when planning to hire a foreign national, employers choose a type A work permit.
However, the form of legalization of employment of foreign nationals depends on many factors. It is important to determine how long the employee intends to stay. Those planning to stay permanently require different documents than those who intend to work for only a few months.
In addition, there is also a residence permit, which is not the same as a work permit. These are two separate documents. If a worker from outside the European Union plans to stay longer, a permanent residence permit may be the best option. For shorter stays, a temporary residence permit is usually a simpler solution. When considering employment options, employers must also take into account the needs of their business. The approach will differ depending on whether the business operates year-round or has a seasonal nature .
Who does not need a work permit?
Most foreign nationals coming to Poland for work purposes require one of the permits mentioned above. However, there are exceptions. This group includes individuals with refugee status in Poland, those with permanent residence, or long-term resident status. A permit is also not required for individuals who have been granted protection or who stay in Poland based on documents issued by another EU member state.
How to legally employ a foreign national in Poland?
Legalization of employment of foreign nationals involves more than just obtaining a work permit. Several additional conditions must also be met. A foreign national must be present in Poland and hold a valid visa or residence card . The employer who completes the formalities related to the work permit must sign a contract (employment contract, civil contract, or B2B agreement). The work performed must be consistent with the conditions specified in the permit .
What about cooperation with a recruitment agency?
Employing foreign nationals has become common, but it still raises many questions and uncertainties. It is best to consult a lawyer specializing in immigration law in advance . Another option is to cooperate with a temporary employment agency , which can handle all formalities on behalf of the employer. This means the employer does not have to deal with permits or administrative inspections. It is a significant convenience, providing peace of mind and saving time. The company gains access to experienced workers with the required qualifications without dealing with the complexities of legal procedures.