Categories

Categories of persons exempt from the need to obtain work permit pursuant to Article 87 of the Act of 29 April 2004, on employment promotion and labour market institutions, namely a foreigner, who:

  1. has a refugee statute granted in the Republic of Poland;
  2. was granted subsidiary protection in the Republic of Poland;
  3. has permanent residence permit in the Republic of Poland;
  4. has residence permit for the European Union long-term resident in the Republic of Poland;
  5. has residence permit for humanitarian reasons;
  6. has permit for tolerated stay in the Republic of Poland;
  7. uses temporary protection in the Republic of Poland;
  8. has valid statement issued pursuant to Article 35 (1) of the Act of 13 June 2003, on granting foreigners protection within the territory of the Republic of Poland;
  9. is a citizen of the European Union member state;
  10. is a citizen of the European Economic Area country, not being member of the European Union;
  11. is a citizen of a country not being party to the agreement on the European Economic Area, which may freely exercise the freedom of movement of persons in accordance with the agreement concluded by this country with the European Community and member states thereof;
  12. accompanies within the territory of the Republic of Poland a foreigner referred to in point 9-11 as a family member, as defined by the Act of 14 July 2006 on the entry into, residence in and exit from the Republic of Poland of nationals of the European Union Member States and their family members;
  13. is a person referred to in point 19 (2-3) of the Act of 14 July 2006 on the entry into, residence in and exit from the Republic of Poland of nationals of the European Union Member States and their family members (Journal of Laws 144, pos. 1043, as amended);
  14. has temporary residence permit referred to in Article 114 (1) or (1a), Article 126, Article 127, Article 139a (1), Article 139o (1) or Article 142 (3) of the Act of 12 December 2013, on foreigners – on the conditions as stipulated in this permit;
  15. resides within the territory of the Republic of Poland in relation with exercising short-term mobility of a management employee, specialist or an employee under training under the Intra-corporate transfer on the conditions as stipulated in Article 139n (1) of the Act of 12 December 2013, on foreigners;
  16. resides within the territory of the Republic of Poland in relation with exercising short-term mobility of a scientist on the conditions as stipulated in Article 156b (1) of the Act of 12 December 2013, on foreigners;
  17. resides within the territory of the Republic of Poland in relation with exercising mobility of a student on the conditions as stipulated in Article 149b (1) of the Act of 12 December 2013, on foreigners;
  18. has temporary residence permit in the Republic of Poland granted in relation with the circumstances, referred to in Article 144, Article 151 (1), Article 151b (1), Article 158 (2) (1) or (2), Article 161 (2), Article 176 or Article 186  (1) (3), (4) or (7) of the Act of 12 December 2013, on foreigners or having a national visa for the purpose of conducting scientific research or development works;
  19. is a spouse of a Polish citizen or a foreigner, referred to in point 1-7 and point 18, holding temporary residence permit within the territory of the Republic of Poland, granted in relation with conclusion of marriage;
  20. is a descendant referred to in Article 2 (1)(8) letter b of the Act on employment promotion and labour market institutions of a Polish citizen or a foreigner, referred to in point 1-7 and point 18 and 19, holding temporary residence permit within the territory of the Republic of Poland;
  21. has temporary residence permit within the territory of the Republic of Poland granted in accordance with Article 159 (1) or Article 161b (1) of the Act of 12 December 2013, on foreigners;
  22. resides within the territory of the Republic of Poland on the basis of Article 108 (1)(2) or Article 206 (1) (2) of the Act of 12 December 2013 on foreigners or on the basis of a stamp imprint made in a travel document, confirming making the application for granting residence permit for EU long-term resident, if, directly prior to making the application that person was exempted from the obligation of holding work permit pursuant to point 18-21;
  23. holds valid Card of the Pole;
  24. is entitled to residing and working within the territory of a member state of the European Union or a country of the European Economic Area not being part of the European union or the Swiss Confederation, who is employed by an employer seated within the territory of that country or temporary delegated by that employer to provide services within the territory of the Republic of Poland;
  25. in relation to whom, international agreements or separate provisions allow performance of work without the need for having the permit.
  26. is a citizen of the country stipulated in provisions issued pursuant to Article 90 (10)(2) of the Act on employment promotion and labour market institutions, who performs work outside of the scope of activities as stipulated in provisions issued pursuant to Article 90 (9) of the aforementioned Act for the period longer than 6 months during the subsequent 10 months, if the Poviat Labour Office, prior to commencement of work by the foreigner, has entered the statement on entrusting work to a foreigner to the register of statements, and the work is performed on the conditions as stipulated in this statement;
  27. is a citizen of the country other than the one stipulated in provisions issued pursuant to Article 90 (10)(2) of the Act on employment promotion and labour market institutions, performing work in professions as stipulated in provisions issued pursuant to Article 90 (9) of the aforementioned Act for the period longer than 6 months during the subsequent 10 months, if the Poviat Labour Office, prior to commencement of work by the foreigner, has entered the statement on entrusting work to a foreigner to the register of statements, and the work is performed on the conditions as stipulated in this statement;

Categories exempt from the obligation of obtaining work permit in accordance with regulation of the Minister of Labour and Social Policy of 21 April 2015, on the cases when entrusting work to a foreigner within the Republic of Poland is allowed without the necessity to obtain work permit (Journal of Laws 2015, pos. 588), namely the foreigners:

  1. conducting training courses, undergoing professional trainings, serving as advisers, supervisors or performing a function requiring high qualifications and skills in programmes implemented under activities of the European Union or other international aid programmes, also on the basis of loans taken by the government of the Republic of Poland;
  2. being foreign language teachers working in preschools, schools, establishments, centres, teacher training centres or colleges, referred to in provisions on the educational system or in Voluntary Work Corpses;
  3. being members of armed forces or civilian staff, performing work in the international military structures located within the territory of the Republic of Poland, or being foreigners delegated to implement armament programmes implemented under the agreements to which the Republic of Poland is a party;
  4. being permanent correspondents of the mass media, who were given accreditation, at a request of the Editor-in Chief of a foreign editorial department or agency, by the minister competent for Foreign Affairs, however, only within the scope of professional journalist activities performed for this editorial department or agency;
  5. performing artistic services, solo or in troupes, lasting up to 30 days in a calendar year;
  6. delivering, up to 30 days in a calendar year, occasional lectures, speeches or presentations with particular scientific or artistic value;
  7. being athletes performing, up to 30 days in a calendar year, work for an entity seated within the territory of the Republic of Poland, in relation with sport competitions;
  8. performing work in relation with internationally prominent sporting events directed by a relevant international sport organisation;
  9. being a member of the clergy, member of religious orders or other person performing work related to their religious function in churches and religious associations and in national inter-church organisations the status of which is regulated by an international agreement, provisions on the relationship between the State and the church or another religious association, or who act on the basis of entry in the register of churches and other religious associations, and also who perform work as part of performing religious function in other entities, on the basis of delegation from the relevant body of the church or another religious association, or its legal entity;
  10. being students of full-time studies taken in the Republic of Poland or participants of full-time doctor studies taken in the Republic of Poland;
  11. being students, who perform work under professional internships, to which they were directed by organisations being members of the international student associations;
  12. being students, who perform work under cooperation of public employment services and their foreign partners, if the need to entrust performance of work to a foreigner is confirmed by the competent employment body;
  13. being students of universities and vocational schools in the European Union member states or countries of the European Economic Area not being part of the European Union or the Swiss Confederation, who perform work under professional internship by the rules of their studies or the syllabus, under the condition that they were delegated for such internship by their relevant university or vocational school;
  14. participating in the cultural or educational exchange programmes, development and humanitarian aid programmes or working holiday schemes for students, organised in the minister competent for labour;
  15. being students of post-grammar schools, full-time university studies or full-time doctoral studies on Polish universities, in scientific institutions of the Polish Academy of Sciences or research institutes operating on the basis of regulation on research institutes;
  16. performing work as research workers in the entities referred to in regulations on research institutes;
  17. delegated by a foreign employer to the territory of the Republic of Poland, if they retain the permanent place of residence abroad, for the period not exceeding 3 months in a calendar year, for the purpose of:
    – performing assembly, conservation and repair works, of the delivered technologically complete equipment, constructions, machinery or other devices, if the foreign employer is the manufacturer thereof,
    – performing acceptance of the ordered equipment, machinery, other devices or parts, made by Polish entrepreneur,
    – providing training to employees of the Polish employer being the receiver of the equipment, constructions, machinery or other devices, referred to in letter a, within the scope of its handling and operation,
    – assembly and disassembly of exhibition stands as well as supervision thereon, in the exhibitor in the foreign employer, who delegates them for this purpose;
  18. performing work for delegates of the European Parliament in relation with the capacity thereof;
  19. empowered in accordance with the principals as stated in legal acts issued by the bodies designated pursuant to the Agreement establishing an Association between the European Economic Community and Turkey, signed in Ankara on 12 September 1963 (Official Journal UE L 217 of 29.12.1964 p. 3687, – Official Journal EU Polish special edition, chapt. 11, t. 11, p. 10).

Exemptions from the obligation of having work permit by a foreigner within the territory of Poland may also by stipulated by the specific provisions and international agreements.