Work Permits for Foreign Nationals (All Types)

Citizens of countries outside the European Union (EU) residing in Poland on the basis of a permanent residence permit and a long-term resident’s permit issued by the European Union (EU) do not need additional documents to be eligible to take up and perform work. Foreign nationals whose basis for residence is employment should obtain a temporary residence and work permit in Poland. Other foreign nationals who are staying in Poland on the basis of a visa or a temporary residence permit and would like to take up employment in Poland may do so, provided they hold a work permit.

Type A or B Permit

If you are an entrepreneur, have a company in Poland, and want to hire a foreign national, you should apply for a Type A or Type B work permit for that person, provided the foreign national meets the following two conditions:

A foreign national is a citizen of a country that is not a member of the European Union or the European Economic Area, or of a country other than Switzerland, and
is not legally exempt from the requirement to have a work permit

An application for a Type A or Type B work permit for a foreign national is always filed by the employer who wishes to hire that person. A work permit is always issued for a specific foreign national.

Type A Permit It is issued to a foreign national working in Poland under a contract with an entity (employer) whose registered office, place of residence, branch, facility, or other form of organized business activity is located in Poland.

Type B Permit applies to a foreign national who:

serves on the board of a legal entity entered in the business registry
serves on the board of directors of a legal entity that is a capital company in the process of formation
manages the affairs of a limited partnership or a joint-stock limited partnership as a general partner or authorized signatory—if, over the course of the preceding 12 months, he or she held that position for more than 6 months.

An entity (company) in which a foreign national is to serve as a member of the management board, a general partner, or a proxy must:

have earned, in the tax year preceding the submission of the application, income of not less than 12 times the average monthly wage in the province as of the date of application submission, as announced by the President of the Central Statistical Office, and have employed, on a full-time, indefinite-term basis for a period of at least one year preceding the submission of the application, at least two employees who are not subject to the requirement to hold a work permit, or
demonstrate that it has the necessary resources or is taking steps to ensure that the conditions set forth above will be met in the future, in particular by engaging in activities that contribute to increased investment, technology transfer, the introduction of beneficial innovations, or job creation.

Type A and B Work Permits They are always issued for a fixed term.

A Type A work permit is issued for a period not exceeding 3 years
A Type B permit may be issued for a period of 3 years, unless the legal entity employs more than 25 people, in which case the permit may be issued for a period not exceeding 5 years.

You can extend both permits. The employer must submit the application for permit extension no earlier than 90 days and no later than 30 days before the permit’s expiration date.

Type C Work Permit

A Type C work permit is issued if all of the following conditions are met:

1. A foreign national is employed by your company, which is headquartered outside an EU member state, the EEA, or Switzerland
2. the period of secondment to Poland exceeds 30 days in a calendar year
3. you assign a foreign national to a branch or facility of your company or to an entity affiliated with your company (this refers to capital, organizational, or personnel ties, which are specified in detail in Article 23m(1)(4) of the Act of July 26, 1991, on Personal Income Tax).

Type C Work Permit It is always issued for a fixed term—generally, for the planned duration of the foreign national’s assignment—but for no longer than 3 years.

You may also apply for an extension of your work permit. You may submit an application for an extension of a Type C work permit no earlier than 90 days and no later than 30 days before the expiration of your current work permit.

Type D Work Permit

A Type D work permit is issued if all of the following conditions are met:

1. A foreign national is employed by your company, which is headquartered outside an EU member state, the EEA, or Switzerland
2. Your company does not have a branch, facility, or any other form of organized business operation within Poland
3. You are sending a foreign national to Poland to perform a temporary and occasional service, also known as an “export service.”.

Type D Work Permit It is always issued for a fixed term—for the duration of the export service—but for no longer than 3 years.

You can also apply for an extension of your work permit. You may submit an application for an extension of a Type D work permit no earlier than 90 days and no later than 30 days before the expiration of your current work permit.

Type E Work Permit

An E-type work permit is issued if all of the following conditions are met:

1. A foreign national is employed by your company, which is headquartered outside an EU member state, the EEA, or Switzerland
2. Your company does not have a branch, facility, or any other form of organized business operation within Poland
3. the period of secondment to Poland exceeds 30 days within a consecutive 6-month period
4. You are assigning a foreign national for a purpose other than that specified in:

Type C permit—issued in the case of a secondment to a branch, facility of the sending employer, or an affiliated entity for a period exceeding 30 days within a calendar year
Type D permit—issued for the provision of temporary and occasional services—so-called export services.

An E-type work permit is always issued for a fixed term—generally for the planned duration of the foreign national’s assignment, but for no longer than 3 years.

You can also apply for an extension of your work permit. You may submit an application for an extension of an E-type work permit no earlier than 90 days and no later than 30 days before the expiration of your current work permit.

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