Legal change · Labour market · Visa-free travel

End of visa-free work for citizens of Venezuela, Georgia and Colombia

Published: 10 August 2026 · Author: Dariusz Włodarczyk Kancelaria TRC · Reading time: approx. 9 min
A Border Guard officer in a vest reading STRAŻ GRANICZNA watches an airport departures hall; in the background another officer, passengers and an aircraft at the jet bridge.
COSC's own material · AI-generated illustration. Border control at the airport — checking the purpose of visa-free entry.

On 7 August 2026 a regulation was published in the Journal of Laws that closes one of the most frequently used employment "loopholes": citizens of Venezuela, Georgia and Colombia will no longer be able to work in Poland on the basis of a work permit if they are staying here solely under visa-free travel. Below we explain exactly what is changing, who is affected, how the Polish labour market looks against this backdrop and which legal employment paths remain.

1. What the regulation introduces

This concerns the Regulation of the Minister of Family, Labour and Social Policy of 31 July 2026 on the list of states whose citizens holding a work permit are not entitled to perform work while staying on the territory of the Republic of Poland under visa-free travel (Journal of Laws 2026, item 1072). The act was issued on the basis of Article 3(4) of the Act of 20 March 2025 on the conditions of admissibility of entrusting work to foreigners on the territory of the Republic of Poland (Journal of Laws 2025, item 621).

The text is short and fits into three sections:

When will it take effect? Publication took place on 7 August 2026, and the regulation enters into force 14 days after that date — that is, in the second half of August 2026. Press reports point to 21 August 2026. The exact day is worth confirming in the text of Journal of Laws 2026, item 1072.

2. Whom and what the ban covers — and what it does not

This restriction is not a ban on entry or stay. Citizens of Venezuela, Georgia and Colombia may still come to Poland under visa-free travel (a stay of up to 90 days in any 180-day period), provided the EU rules on visa exemption do not change. One thing changes, but a key one: visa-free stay alone ceases to be a title that allows one to work legally on a work permit.

The ban does not cover work performed on another, "stronger" residence basis, in particular:

The logic of the provision is therefore this: visa-free travel is meant to serve short stays (tourism, family visits, business), not earning a living; a foreigner's work should be tied to a more formalised residence title.

Beware of the "visa-free + work + residence card" model. Until now a common practice was: entry under visa-free travel, taking up work on a permit/declaration and, in parallel, filing an application for temporary residence. Once the regulation enters into force, this scheme stops working for the three indicated states at the "work under visa-free travel" stage. Employment must be based on a visa or a residence card.

3. The Polish labour market: how many foreigners there are and how many workers are missing

The change comes at a time when the labour market is still tight and the economy strongly benefits from foreign labour. The key figures (data from the Social Insurance Institution (ZUS) and Statistics Poland (GUS) at the turn of 2025/2026 and in the first half of 2026):

Foreigners — including, until now, citizens of Colombia, Venezuela and Georgia — filled the gap especially in construction, transport, logistics, agriculture, services and simple manufacturing. These are jobs that some domestic workers do not take up because of the conditions, prestige or pay, and not because there are physically "no" willing candidates.

4. Why these three countries in particular — economy, security, politics

The selective choice of states means the regulation is hard to explain by the labour-market situation alone. In public debate at least three ways of reading this decision clash; we present them as the positions of the parties, not as our own assessment.

The security and public-order argument (the government's side)

The Ministry of Labour and the Ministry of Foreign Affairs point out that visa-free travel was systemically misused — for earning a living while bypassing the requirements, which fostered illegal stay and illegal entrustment of work. Data on the scale of the phenomenon is cited: the number of work-legalising documents issued to Colombian citizens rose from about 12,300 (2023) to about 40,400 (2024), and inspections revealed a high proportion of illegal work; in the case of Georgia, the theme of crime and human smuggling is raised. This fits into the migration strategy announced in October 2024 and the general tightening of policy (fewer visas, fewer new permits, more returns).

The economic argument (the employers' side)

Employers' organisations point out that, with sustained demand for workers and a high number of vacancies, cutting off yet another channel of inflowing labour may curb growth and deepen shortages in sectors dependent on migrants. On this view the regulation is sometimes assessed as "short-sighted" in relation to the needs of the economy.

The political and electoral thread

Commentators also advance the thesis that such tough signals in migration policy serve as a political message aimed at part of the electorate afraid of competition in the labour market and of the growing presence of foreigners. This should be treated as an interpretation present in the debate, not a provable fact: the regulation itself refers to public-order and security grounds, not to the electoral calendar. A sound assessment requires separating three orders — the legal (what the provision says), the economic (what effect it has on the market) and the political (how the decision is communicated).

Our cautious conclusion. From the standpoint of pure economics, the restriction looks at odds with current demand for workers. From the standpoint of migration policy, it is consistent with a course towards tightening and control. Which motives prevailed remains a matter of judgement — the available sources do not allow this to be settled with certainty.

5. What to do: legal work paths and risk assessment

For employers and foreigners from the three affected states, the key is to switch from the "visa-free + work" model to a residence title that permits work. Possible solutions:

1
A national type-D visa for work. Obtained before arrival or in another configuration, it allows work on a work permit without any link to visa-free travel. It does, however, require a consular procedure and time.
2
A temporary residence and work permit (residence card), including the single permit. Since 27 April 2026, applications for temporary residence are filed electronically via the MOS portal (mos.cudzoziemcy.gov.pl). An application filed no later than on the last day of legal stay, free of formal defects, secures the legality of stay until the case is resolved (Article 105 and Article 108 of the Act on Foreigners).
3
Regularising those already working. Anyone who started work under visa-free travel before the regulation entered into force benefits from the transitional provision (§ 2) — but only until the end of the current visa-free stay. This is real, though short, time to move to a visa or a residence card.
Risk assessment. Work on a permit under visa-free travel after the rules take effect will constitute illegal entrustment of work — with the risk of sanctions for the employer (a fine) and residence-related consequences for the foreigner (up to and including a return decision and an entry ban). The greatest risk concerns schemes based solely on visa-free travel and situations in which the transitional period under § 2 expires while a new residence title has not yet been obtained. We recommend planning the path in advance (a type-D visa or MOS) and an individual legal consultation — each person's factual situation may differ.

Do you employ citizens of Colombia, Georgia or Venezuela?

We will review your employment model and select a safe path — a national visa or a residence card via MOS — so that no gap in the legality of work and stay arises.

Message us on WhatsApp

or call: +48 539 999 549

Legal note: this article is informational and does not constitute legal advice. Legal state: August 2026 (Journal of Laws 2026, item 1072; the Act of 20 March 2025, Journal of Laws 2025, item 621; the Act of 12 December 2013 on Foreigners). Every case is different — consult a lawyer before making a decision. Data controller: Dariusz Włodarczyk Kancelaria TRC.

Sources: Regulation of the Ministry of Family, Labour and Social Policy of 31 July 2026 (Journal of Laws 2026, item 1072); Article 3(4) of the Act of 20 March 2025 on the conditions of admissibility of entrusting work to foreigners (Journal of Laws 2025, item 621); labour-market data: Statistics Poland (GUS), "Demand for labour" and the Ministry of Family, Labour and Social Policy; data on insured persons: ZUS. It is worth verifying the figures and dates in the current announcements of these institutions before taking action.