As of 1 June 2025, new regulations have come into force limiting the possibility of employing foreign nationals in Poland. Among the key changes is the updated list of residence documents that can no longer serve as a legal basis for employment.
In this article, we outline the scope of the new rules and address frequently asked questions – including how they affect applications submitted before the changes took effect and how to calculate the deadline for issuing a single permit for residence and work.
End of employment based on visas issued by other Schengen countries
It is essential to recall the fundamental principle: holding a valid work permit alone is not sufficient to work legally in Poland. A foreign national must also have legal residence based on a document entitling them to work (e.g. a visa or residence permit).
As of 1 June 2025, foreign nationals who do not have free access to the Polish labour market (i.e. they require a work permit) may no longer work legally in Poland based on a visa issued by another Schengen country. In such cases, the authorities will refuse to initiate residence and work permit proceedings.
New regulations = new doubts?
The literal wording of Article 3(3)(5) of the Act of 20 March 2025 on the Conditions for Permitting the Employment of Foreign Nationals in the Territory of the Republic of Poland suggests that employment based on a residence document issued by another Schengen country is allowed, provided the foreign national has a valid work permit or a registered declaration of employment.
In practice, however, a residence title issued by a Polish authority is required. Firstly, a residence card issued by another Schengen country only allows the holder to stay in Poland for 90 days within a 180-day period. Secondly, under the amended Article 116(8) of the Act on Foreigners, authorities must refuse to initiate residence and work permit proceedings if the applicant resides in Poland on the basis of a residence document issued by another Schengen state (equivalent to a Polish residence card).
Summary: When will the proceedings not be initiated?
Under the new rules, proceedings for a temporary residence and work permit will not be initiated if, at the time of application, the foreign national is staying in Poland on the basis of: – a Polish visa issued for a purpose that does not entitle the holder to work (e.g. visas with codes 03, 07, 09, 10, 11, 13, 16 or for transit/airport transit purposes); – a visa issued by another Schengen country, regardless of its purpose; – a residence document issued by another Schengen country.
An exception applies to foreign nationals benefiting from so-called mobility rights – special entitlements allowing entry and stay in the EU (e.g. students, researchers, EU Blue Card holders).
When do the new rules apply – and when do the old ones still govern?
Employers often ask how the changes affect applications for single residence and work permits or declarations of employment filed before 1 June 2025. The answer: the previous rules apply to proceedings that were not concluded with a final decision before this date.
Note the procedural nuance – posting an application before 1 June 2025 does not guarantee assessment under the old rules. According to the Administrative Procedure Code, the date of initiating proceedings is the date on which the authority receives the application. This means that an application sent on 30 May 2025 but delivered on 2 June 2025 will be reviewed under the new, stricter rules.
How to calculate the deadline for issuing a permit?
Once an application is successfully filed, a decision on the temporary residence and work permit should be issued within 60 days. However, this deadline does not start from the date the application is received by the authority, but from the date of the latest of the following events: – the foreign national personally submits the application or appears in person after submission; – the application contains no formal deficiencies, or such deficiencies have been rectified; – the required supporting documents are provided, or the deadline for submitting them has expired.
In practice, the start of the 60-day period depends on the administrative authority. Personal attendance is mandatory, notably due to the requirement to collect fingerprints.
Need professional support?
If you need advice regarding employment or residence procedures for foreign nationals in light of the new regulations, contact us at:
office@halasiwspolnicy.pl