Poland

Work Assignment

(rather short-term, i.e. some months to 3 years, contract and social security as far as possible abroad and intended return to origin)

For foreigners legally staying and employed in another EU/EEA country or Switzerland by an employer based in that country and posted to Poland to perform services for such foreign employer:

• the foreigner may often rely on an exemption from the obligation to have a work permit, and for a short-term posting to Poland, a visa-free regime, if applicable to the foreigner, might be enough to justify a legal stay in Poland for the duration of the posting.
  
  
• for a longer-term posting to Poland – even if a work permit exemption can be relied upon, a residence permit would be necessary to ensure a foreigner’s right to stay in Poland beyond their Schengen days, if any. Depending on the individual circumstances of the foreigner, an Intra-Company Transfer (ICT) permit obtained in another EU country could be used or the foreigner may apply for a temporary residence permit in Poland.

For foreigners posted to Poland from outside the EU/EEA/Switzerland or otherwise relocating to Poland for a short-term assignment:

• depending on the length of stay in Poland and the nature of the duties to be performed in Poland – it could be possible for such foreigners to just visit Poland if what they would be doing in Poland is exempt from the work permit requirement (e.g., taking part in a training session, conference, a business meeting are usually exempt, but involvement in the provision of services is typically not) as a visa-free traveller, if eligible, or after obtaining a Schengen business visa, i.e., what is commonly referred to as “business visitor”.
  
  
• in other cases – it is typically necessary to first obtain a work permit (or a substitute document) for the foreigner, unless they are exempt from this requirement due to their individual circumstances, and then the foreigner may come to Poland and start working as a visa-free traveller (if eligible) or would need to first apply for a work visa based on the work permit obtained for them by the employer. Once in Poland, they would need to apply for a temporary residence permit before the expiry of their visa or before they run out of their Schengen days.

Although a typical relocation scenario envisages a work permit (or a substitute document) and a work visa, other options are available too and could be considered depending on the circumstances (e.g., an ICT permit already obtained in another EU country).

Employment Immigration

(rather long-term or indefinite, local contract and social security)

The standard relocation case involves three steps: (i) the employer obtains a work permit; (ii) the foreigner applies for a visa based on the work permit; (iii) once in Poland the foreigner applies for a residence permit for work:

• obtaining a work permit or a substitute document. It takes from around a month to 3-4 months to obtain a work permit. A “fast-track” work permit route is available to nationals of Belarus (this is used mostly for Belarusians), Armenia, Georgia, Moldova, and Ukraine (for Ukrainians there are separate, even more relaxed, rules) that takes from a few days to a few weeks. Some foreigners may be exempt from the work permit requirement due to their individual circumstances (e.g., holder of a Pole Card). An ICT permit can also be used instead of a work permit, but this is typically only worth considering if relocation from Poland to another EU country is expected in the future.
  
  
• After obtaining a work permit or a substitute document or if the foreigner is exempt from this requirement, if the foreigner is eligible for visa-free entry into the Schengen zone and has unused Schengen days, they can come to Poland and start working. If they need a visa, they should apply for a visa on the basis of a work permit (or a substitute document). It may take from a few days to an unspecified period of time to obtain a visa. In some jurisdictions, the biggest issue in the relocation process is obtaining a visa due to, e.g., no available visa appointments at the appropriate Polish consulate.
  
  
• Once in Poland, to extend their right to stay in Poland beyond available Schengen days or beyond the validity of a visa, foreigners typically apply for a residence permit. If a residence permit is applied for work, typically a joint stay and work residence permit or a blue card (if the additional requirements are met) is applied for.
  
  It takes from 3-4 months to even 1.5 year or longer to obtain a residence permit. The foreigner can remain in Poland during their pending application (however, their global mobility is limited) and typically is permitted to work for the employer in the meantime (more details).

In some cases, before a work permit is applied for by the employer or before the foreigner applies for a residence permit for work, the employer must complete a labour market test for the job position (except for manual jobs, this is typically just a formality which takes a few weeks to complete). There are numerous exemptions from this requirement and an exemption can often be relied upon.

Each relocation case must be reviewed separately. More relaxed rules apply to Ukrainians while for Russians, relocation to Poland is now typically not feasible in practice. In the past, there was also a convenient immigration route (mostly) for IT companies and (mostly) for nationals of certain countries only, something called “Poland. Business Harbour”. The PBH programme is now suspended but if resumed, that option should be considered if potentially applicable to a given case.