RELEVANT GOVERNMENT ENTITIES
SOURCES & CONFLICTS OF LAW
BUSINESS IMMIGRATION
SPONSORS
GROUNDS FOR INADMISSIBILITY
DEPENDENTS
SETTLEMENT & CITIZENSHIP

RELEVANT GOVERNMENT ENTITIES

ADMINISTRATIVE

There are sixteen Immigration Offices across the country that issue most of the permits. They are under the supervision of Voivodeship (Regional) jurisdiction.

Higher instance for the Immigration Office is Office for Foreigners is under supervision of Ministry of Internal Affairs which serves as the appeal body.

Some of the work authorization permits are issued by the Labor Offices, which are part of the mid-level Polish administration, e.g. District.

ENFORCEMENT

Enforcement agencies are the Border Guard and National Labor Inspectorate.

LEGISLATIVE

The law is made by the Sejm and Senate (both chambers of the Parliament) and countersigned by the President.

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SOURCES & CONFLICTS OF LAW

SOURCES OF LAW

The source of immigrations laws are the Acts and implementing acts (regulations).

CONFLICTS OF LAW

In practice such problems do not exist, except for potential conflicts of local laws vs. EU law, however this is not a primary concern across immigration regulations.

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BUSINESS IMMIGRATION

UNSPONSORED BUSINESS-RELATED IMMIGRATION

Self-employment

There is a very limited category of foreign nationals who can be self-employed:

• EU/EEA Citizens
• Foreigners with permanent residence permits
• Foreigners with EU long-term residence permit
• Foreigners married to Polish citizens holding temporary residence permits
• Foreigners holding temporary residence permits who are family members of Blue Card holder
• Refugees or people under subsidiary protection
• Holders of Polish Charter (Karta Polaka)
• UK Citizens of Post-Brexit rights
• Citizens of US, Switzerland and Ukraine

There is no dedicated visa and/or residence permit that allows self-employment as this is derived from personal immigration status.

Entrepreneurs 

All foreigners can conduct business in the form of a company:

• Limited partnership (spółka komandytowa)
• Limited joint-stock partnership (spółka komandytowo-akcyjna)
• Limited liability company (spółka z ograniczoną odpowiedzialnością)
• Simple joint-stock company (prosta spółka akcyjna) or joint-stock company (spółka akcyjna)

All foreigners can also join such companies, acquire, and hold shares or stocks in them.

All foreigners can establish a branch of a foreign enterprise in Poland, provided that ratified international agreements signed with Poland do not prohibit such a possibility.

Entry to Poland is possible based on a business visa. Further residence permit for the purpose of running business activity would be required too. In some cases, depending on the company and corporate role, additional work authorization might be required too,  e.g. for board members or commercial proxy holders.

Investors

There is no visa and/or residence permit dedicated to investors.

Business visitors

Business visitors can apply for a business visa, both Schengen C (short term) or National D (long term). There is no residence permit dedicated to business visitors.

Applicable to all types of visas:

Each time a Schengen C visa can be issued for a maximum period of 90 days, and a National D visa can be issued for a maximum period of 365 days.

Visas are issued by the Polish diplomatic posts outside of Poland. There are only few exceptional cases when a visa can be issued in Poland.

Students & intern options
Future students enrolled to the university programs in Poland can apply for a student National D visa (long-term). There is also a dedicated residence permit for persons who maintain student status.

Remote work
There is no visa and/or residence permit dedicated to remote workers who work to the benefit of a company located outside of Poland. Also, there is no work permit that allows that. Only foreigners having full access to the labor market (no need of work authorization) can work to the benefit of company located outside of Poland.

Foreigners who work remotely to the benefit of a company located in Poland apply for regular work authorizations and residence permits. In such cases, there is no difference if work is executed remotely or on-site.

Digital nomads
There is no visa and/or residence permit dedicated to digital nomads. Same provisions as to remote workers would apply.

SPONSORED BUSINESS-RELATED IMMIGRATION

Business visitor visa

Business visitors can apply for business visa, both Schengen C (short term) or National D (long term). There is no residence permit dedicated to business visitors.

Work visa

Foreigner planning work in Poland, holding a work permit that was earlier applied for by its future employer, can apply for a work visa, both Schengen C (short term) or National D (long term). After arrival to Poland foreigner applies for residence permit for the purpose of work or Blue Card.

Specific types of visas

There are several visa categories in Poland, however consul at its own discretion can issue a visa even if a purpose of entry of a foreigner in not given on the visa type list.

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SPONSORS

REQUIREMENTS FOR SPONSORS

Requirements to become a sponsor

There are no specific requirements regarding who can become a sponsor of work permits. In Poland there is no sponsorship license. There are however several reasons for refusing to issue work permits, e.g. standing of the company that doesn’t allow employment or if the application for a work permit was submitted for convenience, the permit will be used by the foreigner for purposes other than performing work for a given entity. There is a long list of cases related to criminal records of the sponsor when work permit cannot be issued.

Role of sponsors

Sponsor follows all the obligations of the employer. In terms of immigration, sponsor must follow all the employment conditions as given on the work permit and sign a written employment agreement with the foreigner.

Reporting duties of sponsors

Sponsor (employer) depending on the type of work authorization must inform about:
failure of the foreigner to start work / delayed start work / earlier termination of employment comparing to terms given in the issued work authorization.

Record-keeping duties of sponsors

Sponsor (employer) must collect and store immigration documents of a foreigner to evidence right to work and right to stay in the employee’s files during the entire employment period and following 10 years after termination of employment.

SANCTIONS, CIVIL & CRIMINAL PENALTIES FOR SPONSORS

Being legally sentenced twice within two years for illegally employing foreigners may result in losing the ability to legalize the employment of foreigners in the future.

Criminal penalties

Anyone who entrusts a foreigner with illegal employment is subject to a fine ranging from 1,000 PLN to 30,000 PLN. In specific cases of illegal work, employer risks a higher fine, restriction of liberty or imprisonment.

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GROUNDS FOR INADMISSIBILITY

Grounds for issuing a decision to refuse entry to the territory of Poland include:

• Lack of a valid travel document(s)
• Possession of a forged, counterfeit, or altered travel document
• Lack of a valid visa or residence permit
• Possession of a forged, counterfeit, or altered visa or residence permit
• Failure to provide adequate documentation justifying the purpose and conditions of stay
• Having already stayed for 90 days within the previous 180-day period in the territory of EU member states
• Lack of sufficient financial means for the duration and type of stay or for return to the country of origin or transit
• Being listed in the Schengen Information System (SIS) or the national registry for entry refusal
• Being considered a threat to public order, internal security, public health, or international relations of one or more EU member states
• Lack of a document confirming possession of health insurance

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DEPENDENTS

PERSONS QUALIFYING AS DEPENDENTS

In Poland these would be:

• A spouse who is in a legally recognized marriage with the foreigner under the law of the Republic of Poland
• A biological minor child of the foreigner (i.e., a child under 18 years of age)
• An adopted minor child of the foreigner or another minor dependent on them, over whom they exercise actual parental authority (e.g., a child of their spouse from a previous relationship)

Partners, same sex spouses or partners and other family members don’t fall under this category, but such dependents can also receive a visa and/or residence permit provided they can evidence
they run the household together and remain sponsor’s dependents.

GENERAL REQUIREMENTS & RESTRICTIONS

For the purpose of the residence permit, dependent must evidence:

• Documents confirming residence in Poland, such as lease agreement
• Documents confirming the degree of kinship or affinity recognized by Polish law, such as civil status documents (birth certificate, marriage certificate)
• Documents confirming that the foreigner, with whom the family member intends to stay in Poland, has the required residence permit
• Documents confirming a stable and regular source of income sufficient to cover living expenses for themselves and their dependents, such as employment contract of the sponsor, along with a statement on the number of dependents
• Documents confirming health insurance coverage or that an insurer will cover medical expenses of dependant in Poland
• Documents confirming cohabitation and joint household management, such as photos or joint rental agreement

ENTITLEMENT TO WORK & ATTEND SCHOOL

Spouses of the sponsors who stay under Blue Card receive access to the labor market. No additional work authorization is required. Other persons, including these dependents whose sponsor stays under temporary residence permit, have no access to the labor market and must receive work authorization prior to commencement of work.

Every person less than 18 years old falls under the school obligation in Poland and this is not related to the immigration status.

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SETTLEMENT & CITIZENSHIP

PERMANENT RESIDENCE

Permanent residence permit is available mainly for persons having Polish ancestry or being married to a Polish citizen.

EU Long-term residence permit is available who stay in Poland for at least 5 years and can evidence by recognized certificate they know Polish on B1 level. Stay in Poland must be uninterrupted at lease justified by some exceptions and mainly stay for the purpose of work counts “fully” towards 5 years requirement.

CITIZENSHIP

For most common cases:

• Marriage with a Polish citizen: A foreigner may apply for recognition as a Polish citizen if they have resided continuously in the territory of Poland for at least 2 years based on a permanent residence permit or EU Long-term resident permit and have been in a marriage with a Polish citizen for at least 3 years.

• Holder of EU Long-term residence permit: A foreigner may apply for recognition as a Polish citizen if they have resided in Poland continuously and legally for at least 3 years and additionally can evidence stable and regular source of income in Poland and legal title to occupy a residential premises.

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