The legalisation of work and residence of foreigners in Poland is a topic that is increasingly discussed by entrepreneurs, students, and employment agencies. On June 1, significant changes in regulations came into effect, which significantly impacted the process of obtaining residence and work permits. They will have a real impact on the legalisation of work and residence of foreigners in Poland.
Amendment to the regulations: key changes and the legalisation of foreign nationals’ work and residence in Poland
Changes concerning education and legalisation of residence
According to the Act of 4 April 2025 amending certain acts to eliminate irregularities in the visa system of the Republic of Poland, completion of post-secondary school will no longer be recognised as confirmation of knowledge of the Polish language at B1 level in proceedings for:
- obtaining Polish citizenship,
- long-term EU resident’s residence permit.
Exception: in cases initiated before 30 June 2025, these diplomas are still honoured.
Tighter rules for students and legalisation of foreigners’ stay in Poland
From 1 June 2025, the legalisation of foreigners’ stay in Poland for the purpose of studying will be significantly restricted. A type 09 ‘student’ visa may only be issued to persons studying at universities that meet the requirements of Article 144 of the Act on Foreigners, i.e.:
- operating for at least 5 years,
- meeting the requirements of the Act on Higher Education,
- which do not conduct activities focused mainly on admitting foreigners.
These changes mainly concern studies, universities and NAWA (National Agency for Academic Exchange).
New rules for entrusting work to foreigners
The Act of 20 March 2025 on the conditions for the admissibility of entrusting work to foreigners on the territory of the Republic of Poland introduced precise definitions and sanctions for illegal employment.
Legalisation of the stay of foreigners and legal work in Poland
Illegal employment includes, among other things:
- employment of foreigners without a valid residence permit in the territory of the Republic of Poland,
- lack of an appropriate permit or declaration of employment of a foreigner entered in the register of declarations of employment of foreigners,
- employment that does not comply with the conditions specified in the document legalising temporary residence referred to in Articles 114, 126, 127, 137a, Article 139a(1), Article 139o(1) or Article 142(3), subject to Article 119 of the Act of 12 December 2013 on foreigners, unless the law allows for their change or the foreigner is entitled to perform work on another basis,
- no written employment contract between the employee and the employer, except for the cases referred to in Article 6(1)(2) (Company Management Board/Procurator, etc.).
Illegal employment of foreigners includes situations where foreigners:
- are staying in the territory of the Republic of Poland illegally;
- do not have the required basis for residence to perform work;
- do not have the appropriate work permit or declaration of entrusting work to a foreigner, if required.
New obligations for employers and legalisation of foreigners’ stay in Poland include:
- applications for the legalisation of foreigners’ work and stay in Poland must be submitted exclusively by electronic means;
- a copy of the employment contract must be sent via an ICT system within 7 days of entrusting work to a foreigner;
- the employer is obliged to notify the authority that issued the work permit of the commencement, non-commencement, interruption and termination of work by foreigners.
Key changes regarding the legalisation of work and residence of foreigners in Poland
| Area | Before 1 June 2025 | After 1 June 2025 |
| ‘Student’ visa | Available for most universities | Only for universities that meet the requirements of the Act |
| Language proficiency (B1) | Can be confirmed by a post-secondary school | Completion of post-secondary school is not recognised |
| Work permit | Paper and electronic forms | Only in electronic form |
| Agreement with a foreigner | No obligation to send the agreement | Obligation to send the agreement within 7 days of entrusting the work |
| Notification of authorities | Rarely enforced | Mandatory and timely |
Penalties for non-compliance with regulations and legalisation of foreigners’ stay in Poland, as provided for in Article 84 of the Act of 20 March 2025 on the conditions for admitting foreigners to work in the territory of the Republic of Poland
Penalties for employers
- from PLN 3,000 to PLN 50,000 for illegally entrusting work to a foreigner;
- from a minimum of PLN 6,000 to PLN 50,000 for exploiting foreigners for work by misleading them and taking advantage of their professional dependence or inability to properly understand the actions taken;
- no less than PLN 500 for failure to provide the relevant notifications referred to in Article 19 of the above-mentioned Act.
Penalties for foreigners
- at least PLN 1,000 for illegal employment.
Abolition of the so-called labour market test (information from the district administrator)
Under the Act on the Labour Market and Employment Services, the obligation to obtain information from the district administrator before applying for a work permit has been abolished. Instead, the district administrator may publish lists of professions which will not be issued in a given district during a given period in the event of a significant deterioration in the local labour market.
The most important obligations of employers in 2025 and the legalisation of foreigners’ stay in Poland
Checklist:
- Make sure that the foreigner has a legal residence permit entitling them to work.
- Submit an application for a work permit via the ICT system.
- Send a copy of the employment contract concluded with the foreigner within 7 days of entrusting the work to the foreigner via the ICT system.
- Report the commencement or non-commencement of work by the foreigner on time.
- Keep records of the employment of foreigners.
Employment agencies and the legalisation of foreigners’ residence in Poland – role, responsibilities and operating principles
Employment agencies are specialised entities entered in the National Register of Employment Agencies, which provide job placement, career counselling, career guidance and temporary work services. Their activities are strictly regulated by law and supervised by relevant institutions, such as the Province Marshal or the National Labour Inspectorate.
Regulated activity
The scope of activity that requires entry in the register of employment agencies includes, among others:
- Job placement, including:
- referring people to work abroad,
- referring foreigners to work in Poland,
- collecting, gathering and providing access to information about job vacancies,
- Temporary work, i.e. hiring employees through an agency and referring them to work for user employers.
Special requirements for foreigners
An employment agency may only start providing services to foreigners requiring a work permit after two years from the date of entry in the register. This requires a prior change in the register entry.
Operating conditions for foreign entrepreneurs
Foreign entities may also operate as employment agencies in Poland, provided that they meet the requirements specified in the regulations. Among other things, they must demonstrate that:
- they conduct legal activities in their country,
- they have the appropriate authorisations,
- they appoint a representative residing in the territory of the Republic of Poland,
- they comply with Polish employment regulations.
Organisational and documentation obligations
An employment agency is required to have an office in Poland, which ensures direct contact with clients and job candidates. This office should also store all documentation related to its activities, including documentation of temporary employees and persons referred for work.
Rules for referring foreigners to work
Employment agencies may only refer foreigners to entities operating in Poland. The basis for such action is a written agreement between the agency and the foreigner, which must include, among other things:
- the employer’s details and registered office;
- the duration of the work;
- the type of contract concluded and the terms and conditions of employment;
- information on remuneration, social benefits and social insurance;
- the scope of the parties’ rights and obligations;
- the rules of civil liability in the event of breach of contract.
The agreement must be translated into a language understandable to foreigners. The agency is also required to inform foreigners in writing about the conditions of entry, stay and employment in Poland, as well as to inform the employer about their legal obligations towards the employed foreigners.
Registers and records vs the legalisation of foreigners’ stay in Poland
The employment agency is required to keep detailed written records, including:
- data on foreigners referred for work (including personal data, name and registered office of the employer, period of employment);
- a list of entities to which employees have been referred.
Compliance with these requirements not only guarantees the legality of the agency’s operations but is also a prerequisite for the responsible and ethical provision of employment services in Poland, both towards employers and job seekers.
Legalisation of work and residence of foreigners in Poland – why is it worth using the services of a professional representative?
Using the services of a professional representative allows you to avoid mistakes and legal risks, including those related to legalising the stay of foreigners in Poland. At Moje Biuro, we offer real support:
- comprehensive services in the area of legalising the stay of foreigners in Poland;
- preparation of documentation related to the legalisation of the stay and work of foreigners in Poland;
- support in contacts with authorities;
- tax and HR consulting for employers hiring foreign nationals.
FAQ – Frequently asked questions
Can I still use my post-secondary school diploma to confirm my knowledge of Polish at the B1 level?
No, if your application for legalisation of residence was initiated after 30 June 2025.
Which universities can accept foreign students in 2025?
Those that have been in existence for at least 5 years, meet the requirements of the education law and do not focus exclusively on foreigners.
Do I need to have a written contract with a foreigner?
Yes, it is mandatory. Failure to have a written employment contract or contract of mandate with a foreigner is punishable by a fine.
What are the penalties for illegally employing foreigners?
From PLN 3,000 to PLN 50,000 for each employee.
Can I submit a paper application for a work permit?
No, from 1 June 2025, applications for work permits can only be submitted electronically.
What if the praca.gov.pl portal, the ICT system for work permits, is not working?
The time for appeal is counted from the moment the system, praca.gov.pl, is restored to working order.
Can a foreigner work if they have a tourist visa?
No, a tourist visa does not entitle the holder to work in Poland.
Can I notify about the employment of foreigners by telephone?
No, the relevant notification must be sent exclusively by electronic means, via the ICT system.
When do I have to notify the Voivodeship Office or the Labour Office that a foreigner has taken up employment?
Within seven days of the foreign national starting work.
Can Moje Biuro help with issues related to the legalisation of work and residence of foreigners in Poland?
Yes – our office offers the support of professional representatives and immigration lawyers.
Do you need support in the legalisation of work and residence of foreigners in Poland?
Contact our office – we will comprehensively take care of the legal work and residence of you or your employees.
