How to Employ a Foreigner from Outside the EU - Step by Step Guideline

Employing a Foreigner Step by Step

What does the process of hiring a foreigner look like step by step? First, make sure that the foreigner you intend to hire is legally residing in Poland. It is crucial to attach a document to the employee's file confirming that the person is in Poland legally. This may include visas or residence cards. Keep in mind that a foreigner cannot obtain a visa if the only document they present to the authorities is an invitation (usually issued for tourism or educational purposes).

Note! You cannot employ someone from outside the EU, EEA, or Switzerland on a tourist visa.

Next, you should (if necessary) apply for a work permit in Poland. These could be:

• Work permit
• Seasonal work permit
• Declaration of employment of a foreigner
• Temporary residence and work permit

When Work Permits Are Not Required?

There are several exceptions that allow foreigners from outside the EU, EEA, or Switzerland to work in Poland without a work permit. These include:

• Citizens of Armenia, Belarus, Georgia, Moldova, and Ukraine (they can legally work based on an employer's declaration of employment).
• Citizens of Ukraine and their spouses (they can work without additional formalities, provided they entered Poland from Ukraine after February 23, 2022, and declare their intention to stay in Poland. This special provision is valid until September 30, 2025, regardless of the date of crossing the Polish border).

Foreigners from outside the EU, EEA, or Switzerland are often employed in Poland without a work permit if they:

• Hold a permanent residence permit in Poland
• Have a long-term EU resident permit in Poland
• Have humanitarian residency permission
• Have tolerated stay status in Poland
• Have been granted refugee status in Poland
• Are benefiting from subsidiary protection or temporary protection in Poland
• Are family members of an EU, EEA, or Swiss citizen
• Are in Poland under short-term mobility as executives, specialists, or trainees as part of an intra-company transfer
• Are in Poland as students under mobility programs
• Are employed as executives, specialists, or trainees as part of an intra-company transfer for a company that has applied for a temporary residence permit
• Have a temporary residence permit due to marriage to a Polish citizen or a foreigner with refugee status, subsidiary protection, permanent residence, long-term EU resident status, tolerated stay, or temporary protection in Poland
• Retained their right to stay after the death of a spouse who was an EU citizen or after divorce from an EU citizen under a temporary residence permit
• Submitted a complete application for extending their temporary residence permit and had the right to work without a permit before applying
• Hold a valid Polish Card, confirming their affiliation with the Polish nation (but not granting Polish citizenship, residence rights, or the right to cross the Polish border without a visa)
• Are involved in training, professional internships, or participating in EU or other international aid programs
• Are foreign language teachers working in kindergartens, schools, educational institutions, or teacher training centers
• Work as researchers or artists for up to 30 days per calendar year
• Are full-time students in Poland based on a visa or temporary residence permit
• Are graduates of Polish high schools, full-time higher education programs, or doctoral studies in Poland
• Are entitled under the EU-Turkey Association Agreement
• Are entitled to stay and work in an EU, EEA, or Swiss country and are employed by an employer based in that country, temporarily posted to Poland
• Are posted to Poland by a foreign employer for a period not exceeding 3 months for assembly, maintenance, or repair work on equipment, for receiving ordered machines, or for training employees of a Polish employer
• Are assembling and disassembling exhibition stands if the exhibitor is a foreign employer
• Are citizens of Armenia, Belarus, Ukraine, Georgia, or Moldova working in Poland for up to 24 months based on an employer's declaration
• Are citizens of Ukraine or their spouses who entered Poland from Ukraine after February 23, 2022, and declare their intention to remain in Poland. This provision is valid until June 30, 2024, and work is legal upon the employer's notification about the employment of a Ukrainian citizen
• Hold a valid humanitarian visa
• Hold a valid visa marked "Poland. Business Harbour"
• Are doctors, dentists, nurses, midwives, or paramedics with the right to practice in Poland according to the relevant laws

How to Employ a Foreigner from Outside the EU and EEA?

How can you employ foreigners? In many cases, you will need the opinion of the district governor (starosta) for the foreigner. This is completely free of charge. Simply place an advertisement at the nearest Labor Office, including the salary and employment conditions. If you don’t receive a response from a Polish citizen, you may hire a foreigner.

In this case, make sure that the foreigner is legally allowed to stay in the country (they may have a visa or a temporary residence permit) and apply for a work permit (A, B, C, D, E, or S).

Not sure which permit to apply for and which documents to prepare? Contact us. Comprehensive foreigner services are our specialty.

Lack of a Work Permit

Hiring foreigners from outside the EU, EEA, or Switzerland without the appropriate work permit is illegal. Therefore, make sure to follow all procedures. Remember, obtaining a work permit is the employer's responsibility, while obtaining and extending the work and residence permits in Poland is the responsibility of the foreign employee.

Summary

Hiring foreigners can be a significant opportunity for growth for many companies, but it requires knowledge of and compliance with legal procedures. It is particularly important to understand how to legally employ a foreigner from outside the European Union, European Economic Area, or Switzerland. This process includes ensuring that the future employee is legally residing in Poland and obtaining the appropriate work permits, unless the individual qualifies for exceptions that allow them to work without a permit. Understanding the various types of permits, as well as the exceptions to the requirement for them, is crucial. Companies should also remember that employing a foreigner without the appropriate permits is illegal and may result in serious consequences for both the employer and the foreigner. Therefore, it’s wise to consult experts at a law firm specializing in civil affairs to ensure compliance with the applicable regulations and smooth employment of a foreigner.