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Legalising foreign nationals' stay in Poland has grown in importance in recent years, particularly as more workers from outside the European Union take jobs in Poland. Employers increasingly hire foreign nationals, but not everyone understands the obligations associated with legalising their stay. Below, we explain the available forms of legalisation and the procedures that must be followed.
Forms of legalising a stay
Foreign nationals wishing to stay legally in Poland can do so by obtaining appropriate authorisation. The most common documents are national visas, temporary or permanent residence permits and EU long-term resident status. Depending on the person's circumstances, each allows residence for a specified period or permanently. Temporary residence authorisation is often connected with the ability to work legally and, for longer stays, access to healthcare, education and public services.
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Legalising a foreign national's employment
Legal residence is only one aspect; lawful employment is equally important. Depending on nationality and length of stay, foreign nationals may work under an employer's declaration or require a work permit or single residence and work permit. The employer must ensure compliance, meaning the person holds valid documents authorising work in Poland throughout employment. Failure to fulfil these obligations may have serious legal consequences.
The residence card procedure
To obtain a residence card, a foreign national must apply to the voivodeship office competent for their place of residence. Documents confirming identity, purpose of stay and financial and housing circumstances accompany the application. The process may take several weeks to several months, so plan ahead. The person must also maintain lawful residence during the procedure; in some cases, extending a visa or applying on time is necessary.
Consequences of failing to legalise residence or work
Both employee and employer can face serious consequences. The foreign national may be ordered to leave Poland and banned from entering the entire Schengen area for several years, while the employer may receive a fine of up to tens of thousands of zlotys. Employment legality problems may also adversely affect future official proceedings or the company's reputation.
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Summary
Although legalising foreign nationals' residence and work is an important part of hiring workers from abroad, TaxCoach focuses on comprehensive HR and payroll services. We help companies correctly calculate wages, maintain employee documentation and fulfil employer obligations towards public institutions. We ensure all HR and payroll processes comply with the law and run efficiently and on time, including for foreign employees whose documents have already been regularised.
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