Categories

Categories of persons who are exempted from the obligation 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 status granted in the Republic of Poland;
  2. had been granted a subsidiary protection in the Republic of Poland;
  3. has a permanent residence permit in the Republic of Poland;
  4. has a long-term resident’s residence permit of the European Union in the Republic of Poland;
  5. has a residence permit for a humanitarian reasons;
  6. has a permit for a tolerated stay in the Republic of Poland;
  7. enjoys temporary protection in the Republic of Poland;
  8. is a citizen of a Member State of the European Union,
  9. is a citizen of a state of the European Economic Area, not being a Member of the European Union;
  10. is a citizen of the state not being the party of the Agreement on European Economic Area who may use from the free movement of persons under the Agreement concluded by this state with the European Community and its Member States;
  11. is a member of the foreigner’s family mentioned in (8-10) or is spouse’s descendant of this foreigner, aged to 21 or is dependent on such foreigner or is descendant of this foreigner or his spouse, dependent on this foreigner or spouse;
  12. is a person referred to in Article 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 No.144, item 1043, as amended);
  13. has temporary residence permit referred to in Article 114(1), Article 126, Article 127 or Article 142(3) of the Act of 12 December 2013 on foreigners – on the terms specified in this permit;
  14. has temporary residence permit in the Republic of Poland granted in connection with circumstances referred to in Article 144, Article 151(1) or (2), Article 158(2)(1) or (2), Article 161(2), Article 176 or Article 186(1)(3) or (4) of the Act of 12 December 2013 on foreigners;
  15. is a spouse of Polish citizen or foreigner mentioned in (1-7) and (14) having temporary residence permit on the territory of the Republic of Poland granted as a result of marriage;
  16. is descendant referred to in Article 2(1)(8) (b), Polish citizen or foreigner mentioned in (1-7) and (14-15) having temporary residence permit on the territory of the Republic of Poland;
  17. has temporary residence permit on the territory of the Republic of Poland granted on the basis of Article 159(1) of the Act of 12 December 2013 on foreigners;
  18. stays on 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 stamp mark placed in travel document which confirms submission of the application for long-term resident’s residence permit of the European Union, if immediately before submission of the application was exempted from the obligation to have work permit on the basis of (14-17);
  19. has valid Polish Card;
  20. applies for the refugee status or being a spouse on behalf of whom an application was submitted for the refugee status subject to have a certificate issued on the basis of Article 36 of the Act of 13 June 2003 on granting protection to aliens within the territory of the Republic of Poland;
  21. is entitled to stay and perform work on the territory of the Member State of the European Union or the state of European Economic Area not being member of the European Union or Swiss Confederation, is employed by the employer having registered office on the territory of this state and temporarily appointed by this employer to provide services on the territory of the Republic of Poland.

Categories exempted from the requirement to obtain work permit according to the Regulation of the Minister of Labour and Social Policy of 21 April 2015 on cases in which entrusting performance of work to aliens within the territory of the Republic of Poland is allowed without the need to obtain work permit (Journal of Laws of 2015, item 588), namely foreigners who:

    1. conduct trainings, participate in professional internships, perform advisory and managerial services or requiring particular qualifications and skills in program actions implemented under European Union or other international aid programs and also on the basis of loans incurred by Government of the Republic of Poland;
    2. are teachers of foreign languages, work in kindergartens, schools, institutions, centres, teachers education institutions or councils mentioned in regulations on educational system or Volunteer Labour Camps;
    3. are members of military forces or civil service, work in international military structures located on the territory of the Republic of Poland or are foreigners appointed to implement military programs executed under Agreements to which the Republic of Poland is the party;
    4. are permanent correspondents of foreign mass media, granted at the request of chief editor of foreign editing office or agency, accreditation of the minister competent for foreign affairs, however, only in terms of professional journalist activity performed for this editing office or agency;
    5. perform artistic services individually or in teams, which last up to 30 days in a calendar year;
    6. perform, up to 30 days in a calendar year, occasional lectures, reports or presentations of particular scientific or artistic value;
    7. are sportsmen performing, up to 30 days in a calendar year, work for an entity having its registered office on the territory of the Republic of Poland in connection with sports competitions;
    8. perform work in connection with sports events of international rank appointed by the appropriate international sports organisation;
    9. are priests, members of religious orders or other persons who perform work as a result of performed religious function in churches and denominational associations and national church organizations the status of which is regulated by the international Agreement, regulations on relationship between the state and church or another denominational association or which operate on the basis of the entry in the register of churches and other denominational associations, their legal persons or organizational units as well as those who perform work as part of performing religious function in other entities on the basis of appointment by a competent church body or another denominational association or its legal person;
    10. are students of full-time studies conducted on the territory of the Republic of Poland or participants of stationary postgraduate studies conducted in the Republic of Poland;
    11. are students who perform work under professional internships to the performance of which they are appointed by organizations being members of international student associations;
    12. are students who perform work under public cooperation of employment services and their foreign partners, if the need to entrust work to the foreigner is confirmed by the competent employment body;
    13. are students of universities or students of vocational schools in Member States of the European Union or countries of European Economic Area not being members of the European Union or Swiss Confederation, perform work under professional internships as stipulated in the regulations of the studies or teaching program, subject to obtain such appointment from the university or vocational school;
    14. participate in cultural or educational exchange programs, humanitarian aid programs or developmental or summer work programs for students organized in consultation with the minister competent for work issues;
    15. are graduates of Polish high schools, stationary university studies or postgraduate studies in Polish universities, scientific institutes of Polish Academy of Sciences or research institutes operating on the basis of the provisions concerning research institutes;
    16. who perform work as research workers in entities mentioned in regulations on research institutes;
    17. appointed by foreign employer on the territory of the Republic of Poland, if they keep the place of their permanent residence abroad for the period not exceeding 3 months of the calendar year, in order to:
      – perform installation, maintenance or repair works supplied as complete technological devices, structures, machines or other equipment, if the foreign employer is their manufacturer,
      – perform acceptance of ordered devices, machines, other equipment or parts manufactured by Polish entrepreneur,
      – training for employees of Polish employer being the recipient of devices, structures, machines or other equipment mentioned in (a) in the scope its service or use,
      – assemble and disassemble exhibition stalls and care over them, if the exhibitor is foreign employer who appoints them in this purpose;
    18. perform work for members of the European Parliament as a result of performed function;
    19. entitled on the terms provided in legal acts issued by bodies appointed under Agreement establishing association between European Economic Community and Turkey signed in Ankara on 12 September 1963 (Official Journal EC L 217 of 29.12.1964, p. 3687; Official Journal EU Polish special edition, chapter 11, v. 11, p. 10);
    20. are citizens of the Republic of Armenia, Republic of Belarus, Republic of Georgia, Republic of Moldova, Russian Federation and Ukraine, provide work for the period not exceeding 6 months in the next 12 months, regardless of the number of entities providing works, if before the foreigner performs work labour office competent for the place of permanent residence or the seat of the entity delegating the performance of work, registered a written statement of this entity aiming to delegate the work to this foreigner, determining name of the profession, place of performance of work, date of commencement and period of performance of work, type of Agreement being the basis for performance of work and the amount of gross remuneration for work, informing on the lack of the possibility to satisfy HR needs on the basis of local labour market and reading the rules related to residence and work of foreigners and this work is completed on the basis of a written Agreement under conditions specified in the statement.

Exemptions from the obligation to have work permit on the territory of Poland may also provide special regulations and international Agreements.