New immigration regulations are already in force

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Agnieszka Szymańska

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The most significant reform of Poland’s immigration laws in years came into force on 1 June 2025.

The most important changes concerning the employment of foreigners are summarised below.

  1. The list of Polish visas that do not entitle a foreign national to work in Poland has been expanded to include all visas issued by other Schengen countries.
  2. The catalogue of cases for refusing to issue a work permit has been expanded – will refuse to issue a permit if the beneficiary of the foreigner’s work is an entity other than the employer.
  3. The procedure for obtaining a labour market test has been abolished, meaning the employer will no longer have to prove that there are no suitable Polish candidates on the labour market. Instead, district offices will publish lists of professions in which a foreigner cannot be employed in that district.
  4. The full digitalisation of work permit procedures has been introduced, eliminating paper applications.
  5. The validity of work permits issued for less than ½ FTE and for companies that have been in existence for less than a year has been reduced to a maximum of one year.
  6. Intra-corporate transfers are only possible with a vertical capital link and employee status requirements.
  7. The obligation to submit the contract details to the foreign person in writing and in a language they understand has been introduced.
  8. The following periods will be reduced to two months:
    • the period in which the authority (the Immigration Office) must be notified that the work has not been undertaken from the permit’s initial validity date;
    • the period during which work can be interrupted without notifying the authority;
    • the period before the permit expires during which the cessation of work does not require notification.
  9. Priority processing of permit applications has been introduced in the following order:
    • applications from entities carrying out economic activity of significant importance for the Polish national economy;
    • subsequent permit applications for the same conditions;
    • applications for permits in professions experiencing staff shortages;
    • other applications.
  10. The possibility of occasionally providing a service to a foreign entity that does not operate in Poland has been introduced, without the need for a permit.
  11. A statutory obligation has been introduced for the employing entity to inform the applicant about:
    • the actions taken to apply for a permit;
    • the possibility of joining a trade union.
  12. The employing entity is now required to inform the governor within 15 working days of any of the following circumstances arising:
    • a change in the registered office, place of residence, name or legal form of the entity entrusting the work;
    • the transfer of the workplace, or part of it, to another employer;
    • a change of the workplace, or part of it, to another employer.
    • an increase in the working hours specified in the temporary residence and work permit, provided that the remuneration increases proportionally;
    • a change of job title without a change of duties;
    • the replacement of a civil law contract by an employment contract;
      as well as within 15 days of the termination of employment.
  13. The employing entity has seven days from the commencement of work on the basis of the statement on entrusting work to notify the Labour Office of this.
  14. If the foreign person has not commenced work within 14 days from the commencement date declared in the statement, then the employing entity has to notify the authority.
  15. The relevant authority must be notified if the employment is terminated before the expiry of the statement on entrusting work.
  16. Amust be made if the foreign person’s job title changes without a change of duties, or if the foreign person’s working hours are increased up to full-time.
  17. A diploma from any higher education institution in Poland exempts graduates from needing to obtain additional work permits. Until now, this privilege applied only to graduates from full-time studies.

 

The most important changes concerning the residence of foreigners are:

  1. The period of professional experience required to obtain an EU Blue Card is:
    • three years if the profession is included in the published list of professions entitled to this solution;
    • five years for other professions.
  2. The period of validity of a contract concluded with a foreigner in order to obtain an EU Blue Card has been reduced to six months.
  3. The list of people not entitled to an EU Blue Card has been expanded to include individuals staying in Poland on the basis of:
    • a permit for tolerated stay or for humanitarian reasons;
    • granted asylum or temporary protection;
    • anyone with a PESEL UKR status.
  4. The period allowed for an EU Blue Card holder to be unemployed is:
    • up to three months during the first two years of residence on the basis of an EU Blue Card;
    • up to six months if residence exceeds two years.
  5. There are no employment conditions on the decision of the person holding an EU Blue Card, meaning there is no need to amend the decision if the employment conditions change.
  6. The holder of an EU Blue Card must inform the relevant authority within 15 days of:
    • changing employer;
    • losing a job;
    • ceasing to meet the permit requirements.
  7. A long-term mobility term has been introduced for individuals holding an EU Blue Card issued by another Schengen State, provided they have resided in that state for at least 12 months on the same card, or for at least six months on the basis of long-term mobility.
  8. Anyone holding an EU Blue Card can now establish a sole tradership (JDG).
  9. It is easier for a person holding an EU Blue Card to obtain EU long-term resident status.
  10. The period in which a person with EU citizenship can stay in Poland without needing to register their residence has been extended to nine months, provided they are actively seeking employment, or for a longer period if they are actively seeking employment and have a real chance of finding a job.

 

 

 

Find more articles in PRO HR June 2025.