The current framework
Entrusting work to foreigners in Poland is governed by the Act of 20 March 2025 (Dz.U. 2025 poz. 621), in force since 1 June 2025. It abolished the labour market test and moved applications online.
Two conditions must be met at the same time, and they are examined separately:
- a residence title that permits work (art. 3(3)), and
- a basis for the work itself — a work permit, a declaration of entrustment of work, or a statutory exemption.
Having one does not give you the other. This is the single most expensive misunderstanding in Polish immigration practice, for foreigners and employers alike.
Change of employer
A single permit for residence and work names a specific employer and specific conditions of employment (art. 118). If you change employer, you need the permit changed (art. 120) or a separate basis for work — a type A work permit or a declaration. A pending residence application does not legalise work for a new employer.
Visa-free stay: what changed on 22 August 2026
Since 22 August 2026, citizens of Georgia, Colombia and Venezuela may not perform work on the basis of a work permit while staying in Poland under visa-free travel — Regulation of 31 July 2026, Dz.U. 2026 poz. 1072.
The scope of that regulation is narrow and worth reading precisely:
- It concerns only the combination „work permit + visa-free stay”. It does not stop such a permit being issued.
- It does not affect work performed on another basis of stay — a national D visa, a temporary residence permit, or the art. 108 stamp.
- It does not affect work performed without a permit under a statutory or regulatory exemption.
- Transitional rule: those who had already started work before 22 August 2026 under visa-free stay may continue on the previous terms until the end of that visa-free period. The protection does not carry over to a new visa-free entry.
Work without a permit
Some groups may work without a permit — among them holders of a valid Karta Polaka, graduates of studies at a Polish higher education institution, holders of a doctoral degree awarded in Poland, doctoral candidates, and full-time students at institutions meeting the statutory conditions (Regulation of 20 November 2025, Dz.U. 2025 poz. 1620). Each exemption still requires a residence title permitting work.
The transitional provision that allowed the institution's approval status to be disregarded expired on 30 June 2026. Since 1 July 2026 the status of the institution has to be checked, not just the status of the student.
Legal basis and sources: Act of 12 December 2013 on foreigners (Dz.U. 2013 poz. 1650, as amended); Act of 20 March 2025 on the conditions for entrusting work to foreigners (Dz.U. 2025 poz. 621); Code of Administrative Procedure (k.p.a.). Fees verified against the Office for Foreigners (Urząd do Spraw Cudzoziemców) and the MOS system. Legal status: 31 August 2026.
This page describes Polish procedure in general terms and is not individual legal advice. Dariusz Włodarczyk is a legal adviser running a Polish law office (kancelaria); he is not an adwokat or radca prawny — these are separately regulated Polish professions. Representation before administrative authorities (the voivode, the Head of the Office for Foreigners) is open to any authorised person under art. 33 § 1 k.p.a.
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