Hiring foreign nationals in Poland – complete

A Poznań-based technology company wants to hire a senior developer from India and a UX designer from Ukraine. Both candidates have signed offer letters. The HR manager opens the Ministry of Family and Labour website and finds a maze of permit categories, registration obligations, and processing windows that vary by nationality, role, and region. The clock is ticking – the candidates have competing offers elsewhere.

Hiring foreign nationals in Poland requires an employer to match the candidate's nationality and role to the correct permit category, submit the application to the competent Voivodeship Office (Urząd Wojewódzki), and wait for a decision that can take anywhere from 30 to 180 days depending on the procedure chosen. Ukrainian citizens currently benefit from a simplified notification regime under the Special Act, while nationals from outside the European Economic Area generally need a work permit (zezwolenie na pracę, Type A–E) or a temporary residence and work permit (zezwolenie na pobyt czasowy i pracę). Failing to select the right track forfeits the candidate's right to work legally and exposes the employer to fines of up to PLN 30,000 per violation.

This guide walks through the full process step by step: choosing the permit category, preparing the labour market test, filing the application, managing the waiting period, and staying compliant after the permit is issued. Three business scenarios – manufacturing, IT, and a foreign investor setting up a Polish subsidiary – illustrate how the rules apply in practice.

Which permit category applies to your hire?

The first decision determines everything else. Poland's employment law framework distinguishes between EU/EEA nationals (who need only register their stay after three months), citizens of six privileged third countries (Belarus, Georgia, Moldova, Russia, Armenia, and Ukraine – subject to the simplified declaration regime), and all other foreign nationals who must obtain a formal work permit before starting employment.

Type A work permits cover employment with a Polish employer and are the most common category. Type B applies to board members who reside in Poland for more than six months in any twelve-month period. Types C, D, and E cover secondment, delegation, and seasonal work respectively. The EU Blue Card (Niebieska Karta UE) is available for highly qualified professionals earning at least 150 percent of the average gross salary published by the Central Statistical Office (GUS) – roughly PLN 11,000 gross per month in 2025. The Blue Card offers a faster path to permanent residency and is worth considering for senior hires.

Ukrainian nationals occupy a special position. Under the Act on Assistance to Ukrainian Citizens in Connection with Armed Conflict (the "Special Act"), Ukrainians who entered Poland after 24 February 2022 may work for any employer immediately after the employer notifies the District Labour Office (Powiatowy Urząd Pracy, PUP) within 14 days of the start of employment. This notification – not a permit – is the only formal step required. Missing the 14-day window means the employment is treated as unauthorised from day one.

EU/EEA nationals – no permit required, registration after 3 months
Ukrainians under the Special Act – employer notification to PUP within 14 days
Six privileged countries (non-Ukrainian) – simplified declaration at PUP, valid up to 24 months
All other third-country nationals – Type A–E work permit or combined residence and work permit
Senior/highly qualified roles – consider EU Blue Card for faster residency pathway

For a foreign investor setting up a Polish entity, the permit category also depends on the legal form of the company. A board member of a spółka z ograniczoną odpowiedzialnością (private limited company, sp. z o.o.) who does not receive a salary may not need a work permit at all – but that exception is narrow and fact-specific. Getting this wrong precludes the individual from working legally and can trigger personal liability for both the employer and the individual.

What does the labour market test require?

Before a Type A permit application can be submitted, most employers must obtain a informacja starosty – commonly called the "labour market test." This is a document issued by the District Labour Office confirming that no suitable Polish or EU candidate is registered as unemployed for the advertised position. The test typically takes up to 14 business days from the date the employer registers the vacancy with the PUP.

Not every role requires the test. Positions on the list of shortage occupations (zawody deficytowe) maintained by each Voivodeship Office are exempt. IT specialists, engineers, and certain healthcare professionals frequently appear on these lists – but the lists vary by region and are updated periodically. An employer in Małopolska may find a role exempt while the same role in Mazowieckie requires the full test. Checking the current regional list before filing saves two weeks of processing time.

We obtained a Type A permit for a manufacturing client in Silesia (autumn 2025) without the labour market test after confirming that the specific welding specialisation appeared on the Śląsk shortage occupation list. The employer saved 14 days and the candidate started three weeks earlier than initially projected.

The labour market test result is valid for 180 days. If the permit application is not submitted within that window, the employer must run the test again. This is a common and avoidable mistake – particularly in companies where HR and legal approval processes add internal delays after the test result arrives.

How is the permit application filed and processed?

Once the labour market test (or exemption) is confirmed, the employer submits the work permit application to the Voivodeship Office with jurisdiction over the employer's registered seat. The core application package includes: the completed application form, proof of the employer's legal status (National Court Register, KRS, extract), documents confirming the job offer (draft employment contract or statement of intent), proof of the labour market test or exemption, and payment of the state fee – currently PLN 100 for a Type A permit.

Processing times at the Voivodeship Office vary significantly. Warsaw's Mazowieckie Voivodeship Office has historically been the slowest, with waiting times reaching 90 to 120 days during peak periods. Kraków's Małopolska Office generally processes within 60 days. Employers should build these windows into their onboarding plans. The candidate cannot legally start work until the permit is issued – unless they hold a valid separate legal basis for work.

The combined temporary residence and work permit (zezwolenie na pobyt czasowy i pracę) merges the work authorisation and residence title into a single procedure before the same Voivodeship Office. It is the right choice when the candidate will be relocating to Poland rather than working on a short-stay visa. The combined permit is typically issued for 1 to 3 years and can be renewed. Processing takes 60 to 180 days – plan accordingly.

For clients who need a faster solution, the employer may apply for a work permit while the candidate is still abroad, then use a national "D" visa (issued by the Polish consulate in the candidate's home country) to enter Poland. The visa is valid for up to 360 days and allows work based on the permit. This two-track approach – permit application in Poland, visa abroad – is the standard path for third-country hires in IT and finance.

What are the most common compliance mistakes?

Compliance does not end when the permit is issued. Polish employment law imposes ongoing obligations that many employers – especially those hiring foreign nationals for the first time – underestimate. The State Labour Inspectorate (Państwowa Inspekcja Pracy, PIP) conducts targeted audits of employers with foreign workers, and penalties are not theoretical. Fines range from PLN 1,000 to PLN 30,000 per violation, and repeated breaches can result in a ban on hiring foreign nationals for up to three years.

The most frequent mistakes fall into four categories. First, failing to notify the PUP within 14 days when hiring a Ukrainian national under the Special Act – this is the single most common error we see. Second, allowing the employee to start work before the permit is issued (or before the declaration is registered). Third, changing the role, salary, or employer without obtaining a new or amended permit. A permit is tied to a specific position, employer, and minimum salary. Any material change triggers a new application. Fourth, overlooking the obligation to report the start of employment to the Social Insurance Institution (Zakład Ubezpieczeń Społecznych, ZUS) within 7 days.

We assisted a technology client in the Mazowieckie region (spring 2026) after a PIP audit found that three developers had been promoted to team-lead roles without amended permits. The original permits specified "software developer" – the new role description in the employment contracts was "engineering manager." The employer faced potential fines exceeding PLN 90,000. We filed amended applications with supporting documentation and negotiated with the inspectorate, ultimately reducing the exposure to a formal warning.

Notify PUP within 14 days for Ukrainian nationals (Special Act)
Never allow work to start before the permit or declaration is in force
File an amended permit application for any change in role, salary, or employer
Register the employee with ZUS within 7 days of the employment start date
Monitor permit expiry dates – renewals should be filed at least 30 days before expiry

Whistleblower obligations are a newer compliance layer. Poland's Whistleblowing Act, which transposed the EU Whistleblowers Directive, requires employers with 50 or more employees to maintain an internal reporting channel. Foreign nationals who report labour law violations are protected from retaliation. Employers should ensure their internal reporting procedures are accessible in the languages spoken by their foreign workforce – this is both a legal requirement and good practice.

To receive an expert assessment of your compliance exposure under Polish employment law, contact info@kordeckipartners.com.

Frequently asked questions

Q: How long does it take to hire a non-EU national in Poland from start to finish?

A: The total timeline depends on the permit category and the Voivodeship Office. For a Type A permit in Warsaw, budget 14 days for the labour market test plus 90 to 120 days for the permit decision – roughly 4 to 5 months in total. In Kraków, the process is typically 2 to 3 months. Roles on the shortage occupation list skip the labour market test and save two weeks. Ukrainian nationals under the Special Act can start within 14 days of the employer's notification to the District Labour Office.

Q: Does the employer or the employee pay for the work permit?

A: Under Polish labour law, the cost of obtaining a work permit must be borne by the employer. The state fee is PLN 100 for a Type A permit and PLN 440 for an EU Blue Card application. Professional advisory fees, translation costs, and document legalisation expenses are additional. Employers cannot deduct permit costs from the employee's salary – doing so constitutes an unlawful deduction and exposes the employer to claims before the State Labour Inspectorate.

Q: Can a foreign national on a tourist visa work in Poland while waiting for a permit?

A: No. A tourist (Schengen) visa does not authorise work in Poland. Working without a valid permit or declaration is an administrative offence for the employer and may result in deportation proceedings against the employee. The correct approach is to file the work permit application while the candidate is still abroad, then use a national "D" visa – which does authorise work – to enter Poland. Some employers mistakenly assume that filing the application creates an interim right to work. It does not.

Practical checklist for hiring a foreign national in Poland

Regardless of the permit category, the following preparation steps apply to every hire. Completing them before the application is filed avoids the most common reasons for delays and refusals.

Confirm the candidate's nationality and current immigration status in Poland
Identify the correct permit category (Type A–E, EU Blue Card, Special Act notification)
Check the regional shortage occupation list to determine whether the labour market test is required
Prepare the employer's KRS extract, company documents, and draft employment contract before filing
Set a calendar reminder for permit expiry 30 days before the renewal deadline

Cross-border employment structures add another layer. If the candidate will work partly in Poland and partly in another EU member state, the employer must also consider social security coordination rules – specifically which country's system applies and whether an A1 certificate is needed. For details on the A1 certificate process, see our guide on posted workers from Czech Republic to Poland and A1 certificates. Separately, companies operating across multiple EU jurisdictions should review our overview of employment law considerations in France for comparison. For businesses managing broader administrative compliance – including electronic invoicing obligations – our article on what KSeF means for your business in Poland provides relevant context.

Specific circumstances of your company – nationality mix, headcount, planned roles, and business structure – determine which track saves the most time and carries the least risk. Acting on the wrong assumption forfeits weeks of processing time and, in some cases, the candidate.

For a tailored strategy on hiring foreign nationals in Poland, reach out to info@kordeckipartners.com.

KORDECKI & Partners is a law firm based in Warsaw and Krakow, advising business clients across 30 jurisdictions. Our team combines expertise in Polish and international law with a practical approach to employment law and global mobility. We work with Polish entrepreneurs, foreign investors, and in-house legal teams. To discuss your situation, contact info@kordeckipartners.com.