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Employment of Poles and the British on the new rules | PRO HR Press

2021.01.19

The transitional period of Great Britain's withdrawal from the European Union has ended. From January the 1st, 2021, new rules for entry, stay and work apply for UK citizens in the EU and EU citizens in the UK. They hinder mobility and access to the labour market.

How did Brexit affect the employment situation of Poles and Brits?

British citizens in Poland
  • Free employment of British citizens in Poland from January the 1st, 2021 is possible for those who before the end of the transition period exercised the right of residence and continue to live in Poland after December the 31st, 2020. They have retained the right to stay and the right to work freely in our country. These persons are obliged to submit an application for a certificate of registration of residence of a citizen of the United Kingdom of Great Britain and Northern Ireland - as a rule - by the end of 2021 at the latest.
  • Brits who will enter Poland after the end of the transition period, require a work permit in order to take up employment. The basis for entry and stay in Poland may be the right to use visa-free travel for a maximum of 90 days in a 180-day period, a national visa issued in connection with a previously obtained work permit or a temporary residence permit for the purpose of performing work. A minimum five-year uninterrupted and legal stay in Poland will be the basis for the British to obtain a long-term resident's EU residence permit. This permit is issued for an indefinite period and guarantees free access to the labour market in Poland.
  • British employees posted to Poland before January the 1st, 2021, who continue their stay in Poland after the end of the transition period, are entitled to submit an application for a dedicated temporary residence permit valid for five years. Applications may be submitted until December the 31st, 2021. Until that date, their stay in Poland is considered legal. The obtained permit entitles them to freely take up employment in our country. After five years of legal and uninterrupted stay in Poland, the permit holder will be able to obtain a permanent residence permit.
  • Delegating a British citizen to Poland after the end of the transitional period requires a work permit, unless the posted worker has the right of residence and is authorized to work in another EU Member State in which the posting employer has its registered office. The employee must have an appropriate basis for legal stay during the posting period, i.e. use the right to stay in visa-free travel during the permitted period, have a Polish visa or a temporary residence permit.
  • Exit of the UK from the EU has no influence on the rules of ensuring appropriate employment conditions for employees posted to Poland. The regulations in force in our country regulating these issues are applicable both to a posted worker from an EU country, as well as from a third country.
  • It is possible for the British citizens to make business trips in Poland without the need to obtain a work permit, provided that during the visit no activities are undertaken that constitute a form of paid activity. Entry and stay in Poland may take place under the visa-free regulation.
Poles in Great Britain
  • Poles who used the right to reside in Great Britain before the end of the transition period and still reside in this country may apply for a special residence status, i.e. indefinite settled status - if they stayed in the UK on the day of submitting the application for at least five years - or pre-settled status, issued for 5 years - in case of shorter stay. Applications for proper status can be submitted until June the 30th, 2021. Obtaining pre- settled status allows you to apply for an indefinite status after exceeding the five-year period of residence in the UK. Obtaining one of the statuses entitles you to stay and freely take up employment in the UK. 
  • From January the 1st, 2021, Poles must obtain the proper visa to be eligible to work in the UK. In the visa procedure, it is necessary to present a special document from the employer - certificate of sponsorship. Demonstration of English language skills and relevant professional qualifications may also be required. The amount of remuneration proposed to the employee is also verified.
  • Poles posted to Great Britain before January the 1st, 2021, who continue their stay in the UK, may apply for settled and pre-settled statuses. Obtaining the appropriate status will entitle you to stay and work in the territory of the United Kingdom. 
  • Delegating a Polish citizen to Great Britain after the end of the transition period requires the employee to obtain an appropriate visa.
  • The national law regulating the conditions to be provided to a posted worker in Great Britain has not changed and remains identical to the relevant EU directives.
  • Poles can travel on business in the UK without the need to obtain the relevant permits, as long as they do not undertake any paid activity in its territory.
Recognition of professional qualifications
  • The withdrawal of Great Britain from the EU also results in changes in the recognition of professional qualifications of employees. Persons who acquired their qualifications in Great Britain and would like to take up employment in a regulated profession in the EU must undergo recognition procedures regulated in the national legislation on the relevant professions. The same rule applies to people who have acquired a professional qualification in the EU and would be employed in the UK in a regulated profession.

More in the article by Michał Kacprzyk and Marta Dudczak "Employment of Poles and the British on the new rules" for Dziennik Gazeta Prawna (article from 15 January 2021).