Brexit – What are the current provisions in Polish residence and employment law?

Immigration and residence

If British citizens have registered their stay in Poland before 31.12.2020, they can stay and work based. Residence permits issued to the United Kingdom citizens and their family members until the end of the transition period will remain valid for the period for which they were issued, but no longer than until 31 December 2021.

From 01.01.2021, beneficiaries of the Withdrawal Agreement will be able to submit applications for a new residence document to voivodeship offices.

The privileges from the Withdrawal Agreement do not apply to posted employees. Based on the provisions of Polish national law, which has entered into force on 01.01.2021 these persons will be able to submit from that date an application for a special temporary residence permit. An application for granting the temporary residence permit for British posted workers may be submitted no later than by 31.12.2021.

The British citizens and their family members who are not beneficiaries of the Withdrawal Agreement will be subject to the general rules of entry and stay on the territory of Poland relating to third-country nationals. This means that in general the UK citizens need to have visa or residency permit in order to stay in Poland.

The legal basis for rendering work in Poland is in general work permit. Depending on the factual circumstances of the particular UK citizen case, we may deal with different types of work permits. Most common is type A when the employee is on Polish payroll.

Employment

Employees can be temporarily posted to Poland. In general, the posting employer need to apply for work permit for the posted employee (type D-E depending on kind of posting). There are some exceptions from obligation of having work permit. This is situation when the UK employee is posted to the Polish company which is related by capital or managing persons to the Polish company. However, this exemption works only for 30 days in calendar year.

If the work permit is issued, the employee may apply in the Polish Embassy in London for Polish national visa type D. The visa is issued for maximal one year.

Autor: Katarzyna Gospodarowicz