Not every foreigner needs a work permit. We explain who has free access to the labour market, who is covered by the special cases, and how an employer should verify an employee’s status.
1. Two groups: those exempt and those requiring a permit
Foreigners are divided into those with access to the labour market without a permit and those who need a work permit or a declaration. The basis is provided by the Act of 20 March 2025 on the conditions for the admissibility of entrusting work to foreigners and by the implementing regulations.
2. Main categories of exempt persons
| Basis of access | Examples |
|---|---|
| Free access to the labour market | Permanent residence, EU long-term resident, refugee status, subsidiary protection, family member of a Polish/EU citizen |
| Special cases (regulation) | Selected categories that may work without a permit or a declaration |
| Special provisions | Ukrainian citizens — a separate procedure (special act) |
3. Regulation of 20 November 2025
Since 1 December 2025 the regulation of the Minister of Family, Labour and Social Policy of 20 November 2025 (Journal of Laws 2025, item 1620) has been in force, setting out the special cases in which a foreigner entitled to reside may work without a permit and without a declaration.
4. How to check an employee’s status
The starting point is the residence title and its annotations. See free access to the labour market and work on a visa.
Show more: why verifying status protects the employer
Why this is crucial for the employer
Allowing someone to work without the proper basis is illegal entrustment of work, punishable by a fine of up to PLN 50,000. Verifying status at the outset protects both the company and the employee.
Not sure whether your employee needs a permit?
We will verify the residence title and the basis of access to the labour market so that the employment is fully legal from day one.
Book a free consultationLegal notice: this article is for information purposes and does not constitute legal advice. Legal status: 2026 (Act of 20 March 2025, Journal of Laws 2025, item 621; regulation of the Minister of Family, Labour and Social Policy of 20 November 2025 (Journal of Laws 2025, item 1620)).
Sources: Act of 20 March 2025, Journal of Laws 2025, item 621; regulation of the Minister of Family, Labour and Social Policy of 20 November 2025 (Journal of Laws 2025, item 1620); Zielona Linia. The above commentary is our own; the provisions cited should be verified against the current text of the act before taking action.