Poland – New Work Permit Changes and Implementation of ICT Directive
March 09, 2018
Effective January 1, 2018, new requirements for obtaining work permits for foreign nationals came into force in Poland.
The key changes are:
- New requirements for employers assigning foreign nationals to work in Poland based on a work permit or declaration of employment, such as work reference letters.
- New work permit for seasonal workers is introduced (Type S), which allows foreign nationals to work for up to nine months in a calendar year.
- New obligation for obtaining a Type B permit for proxies and partners in limited liability partnerships if they intend to work more than six months in a 12 month period.
- Nationals of Armenia, Belarus, Georgia, Moldova, Russia, and the Ukraine are now exempt of the 30 PLN fee for the registration of the declaration of employment.
- Companies employing foreign workers must notify the local labor authority once the worker has or has not commenced work.
- The government may impose an annual cap on the number of work permits issued, however, this has not been implemented yet.
EU ICT Directive
Poland has implemented the EU ICT Directive, effective February 12, 2018.
The EU ICT Directive applies to non-EU national managers, specialists and trainees being transferred within a group of companies to Poland from outside the EU for more than 90 days and remaining on home contract.
- The permit is valid for a maximum of 3 years for managers and specialists;
- The permit is valid for a maximum of 1 year for trainees;
- Foreign nationals as managers and specialists must be employed for at least 12 months within the same group of companies prior to the transfer and 6 months for trainees;
- ICT permits issued to a fellow member state will allow the foreign national to travel to Poland for up to 90 days in a 180 day period to work based on a notification submitted to the Polish immigration office by the host company.
- A transfer to Poland that exceeds 180 days will require a long term mobility residence permit issued by the immigration office in Poland at the request of the local host entity.
Employers of foreign nationals in Poland should contact their immigration specialist for help to see if they can benefit from the new procedures.