Legalization of Foreigners' Work in Poland - Step by Step 2026

Employing foreigners in 2026 is a topic that requires particular attention from employers. The Act of 20 March 2025 on the conditions of admissibility of entrusting work to foreigners, in force since 1 June 2025, has completely changed the rules for legalizing work. Full digitalization of procedures, new reporting obligations, and higher penalties for illegally employing a foreigner mean that knowledge of the current regulations is now essential. Find out how to carry out the legalization of a foreigner's work and stay, step by step.

Legalizing a Foreigner's Work - Basic Pathways

New regulations on foreigners' work have introduced three main legalization pathways. The first is a work permit (type A - the most common, issued by the voivode at the employer's request, entitling the holder to work for a specific entity in a specified position). The second is a work entrustment declaration - a simplified procedure available to citizens of Armenia, Belarus, Moldova, and Ukraine, registered at the poviat labor office. The third pathway is the single permit for temporary residence and work, combining legalization of residence and work in one decision issued by the voivode. All applications are submitted exclusively electronically via the praca.gov.pl portal.

Work Permit Type A - Procedure

The type A work permit is issued by the voivode at the employer's request. Since 2025, the obligation to conduct a labor market test has been abolished, significantly simplifying the procedure. The application is submitted electronically, and the permit is issued for a period of up to 3 years (or 1 year for newly established entities). The employer must specify the position, remuneration, and working conditions, and after obtaining the permit - provide a copy of the signed contract with the foreigner before allowing them to start work.

Work Entrustment Declaration

The work entrustment declaration is a simplified pathway available to citizens of Ukraine, Belarus, Armenia, and Moldova. The employer registers the declaration with the poviat labor office via praca.gov.pl. After the declaration is entered into the register, the employer is required to inform the office that the foreigner has started work within 7 days, or that they have not started work within 14 days. Work under a declaration may last up to 24 months.

Employment of Ukrainian Citizens 2026

Employment of Ukrainian citizens in 2026 is subject to special regulations. Although on 5 March 2026 a law came into force phasing out part of the provisions of the Ukrainian special act, Ukrainian citizens can still work legally after the employer notifies the labor office. However, it is crucial to monitor the employee's residence status - possession of a PESEL UKR, a basis for stay, and current temporary protection. Since April 2026, it has also been possible to submit applications for the CUKR residence card via the MOS 2.0 system.

Employer Obligations and Penalties for Illegal Employment

The new regulations impose a number of obligations on employers: verifying and keeping copies of the foreigner's residence documents throughout the entire period of employment and for 2 years after it ends, informing the voivode of changes (loss of job, change of position, change of user employer) within 7-15 days, and providing a copy of the contract with the foreigner before allowing them to start work. Penalties for illegally employing a foreigner range from PLN 3,000 to PLN 50,000 per foreigner. In addition, the employer may lose the ability to obtain new permits for a period of 2 years. The National Labor Inspectorate (PIP) and the Border Guard may conduct unannounced inspections.

FAQ - Frequently Asked Questions

1. Is the labor market test still in force?

No - the labor market test was abolished on 1 June 2025. Employers no longer need to obtain information from the starosta confirming the absence of candidates from Poland.

2. How do I submit an application for a work permit?

Exclusively electronically, via the praca.gov.pl portal. Since 27 April 2026, applications for legalization of stay are also submitted online through the MOS 2.0 system.

3. Can a Ukrainian citizen work without a permit?

Yes, provided the employer submits a notification to the labor office and the employee has a legal stay. Following the changes of March 2026, it is necessary to verify the employee's current temporary protection status and PESEL UKR.

4. What penalties apply for illegal employment?

From PLN 3,000 to PLN 50,000 for each illegally employed foreigner. In addition, the employer may lose the ability to obtain permits for 2 years.

5. Which countries does the declaration procedure cover?

Armenia, Belarus, Moldova, and Ukraine. Georgia has been excluded from the procedure, although previously issued declarations remain valid.

Summary

Legalizing a foreigner's work and stay in 2026 is a process that requires precision, knowledge of the new regulations, and continuous monitoring of employees' residence status. Full digitalization, higher penalties, and expanded reporting obligations mean that procedural errors can cost a company significantly more than before. Gremi Personal handles the legalization of foreigners' employment comprehensively - from submitting the application to monitoring deadlines.