Who Has Full Access to the Polish Labour Market in 2025
And Why This Is the Stage Where the Voivode Filters Out Cases
One of the most basic yet most frequently misunderstood categories in legalisation procedures is a foreigner’s access to the labour market. An error at this stage automatically nullifies all other arguments: salary level, type of contract, employer credibility, and even a formally correct application.
In 2025, following the entry into force of the Act of 20 March 2025 on the conditions for permitting the employment of foreigners, the voivode first verifies the labour market access regime, not the job itself. Only afterwards does the authority assess the remaining criteria.
At this stage, the case is not yet examined on its merits.
If the voivode determines that the foreigner does not have free access to the labour market (swobodny dostęp do rynku pracy), the procedure automatically shifts into the regime of work permits, employer declarations, or a labour market test. As a result, the authority may never reach the stage of assessing salary, contract terms, or the “genuineness” of employment.
What “Full (Free) Access” to the Labour Market Means
Full access means that a foreigner may:
- work without a work permit (zezwolenie na pracę),
- without an employer’s declaration (oświadczenie),
- for any employer,
- under any conditions permitted by Polish law.
The key point is that this right is not linked to a specific employer, position, or employment legalisation procedure.
If a foreigner does not fall within the categories listed in Article 3 of the Act of 20 March 2025, no “additional circumstances” can create free access to the labour market.
This is not the same as:
- an exemption from a work permit in a specific procedure, or
- the absence of the requirement to obtain a starosta’s information (informacja starosty).
Free access is a separate legal regime, strictly defined by statute.
Legal basis: Article 3 of the Act of 20 March 2025 on the conditions for permitting the employment of foreigners in the territory of the Republic of Poland (Journal of Laws 2025, item 621).
Who Has Full Access to the Labour Market in Poland
1. Citizens and Equivalent Categories
- Polish citizens;
- citizens of EU Member States;
- citizens of Norway, Iceland, Liechtenstein, and Switzerland;
- family members of the above persons (including third-country nationals), provided they hold a valid right of residence or permanent residence.
2. Foreigners with the Right of Permanent Residence
- holders of a permanent residence permit (zezwolenie na pobyt stały);
- holders of EU long-term resident status (rezydent długoterminowy UE);
- persons with a permanent right of residence under the Act of 14 July 2006 on the entry, residence, and exit of EU citizens and their family members.
For these categories, the grounds on which permanent residence was obtained are irrelevant. What matters is the existence of a valid residence title.
The voivode does not analyse the history of how the status was acquired.
Only one element is verified: whether a valid pobyt stały or EU long-term residence exists at the time of examination.
3. Persons Under International, Humanitarian, or Temporary Protection
- persons granted refugee status in Poland;
- persons granted subsidiary protection;
- holders of a humanitarian residence permit;
- holders of tolerated stay;
- persons benefiting from temporary protection in Poland (including specified categories of Ukrainian citizens).
The expiration or loss of such status automatically changes the labour market access regime.
From that moment, the foreigner is assessed as a person without free access, regardless of any previous period of lawful employment.
Full access applies only for the duration of the relevant protection status.
4. Family Members of Polish Citizens and Other Persons with Full Access
- non-EU family members of Polish citizens residing with them in Poland and holding an appropriate temporary residence permit;
- direct descendants (under 21 years of age or dependent) of Polish citizens or persons with full access, provided their stay is lawful.
5. Other Categories Explicitly Defined by Law
- persons holding valid certificates issued by the Head of the Office for Foreigners confirming an ongoing international protection procedure, after the statutory waiting period has elapsed;
- other categories expressly listed in Article 3(1) of the Act of 20 March 2025 as having free access to the labour market.
Brief Note on Holders of the Polish Card (Karta Polaka)
Holders of a valid Karta Polaka are exempt from the obligation to obtain a work permit.
However, the document does not itself create full access to the labour market if the foreigner does not hold a residence title that allows employment.
Such persons are taken into account under this list only if their residence status meets the statutory requirements.
Who Does Not Have Full Access to the Labour Market
All other foreigners who do not belong to the categories listed above do not have free access and may work only under conditions defined by a specific permit.
This group includes, in particular, persons who:
- work on the basis of a work permit (type A or other);
- work under an employer’s declaration (oświadczenie o powierzeniu pracy cudzoziemcowi);
- hold temporary residence based on employment, tied to a specific employer and working conditions;
- stay in Poland on grounds that do not automatically grant the right to work.
For these persons:
- the right to work is conditional;
- any change in employment conditions may require a new permit;
- lawful stay alone does not guarantee the right to work.
When the Informacja Starosty Is Required
The informacja starosty (the so-called labour market test) is not a universal requirement and applies only within specific legal regimes.
The general rule is as follows:
The informacja starosty is required when:
- an employer applies for a type A work permit,
- for a foreigner without full access to the labour market,
- who does not fall under a statutory exemption.
The requirement does not apply if:
- the foreigner has free access to the labour market, or
- the law expressly waives the labour market test for a given employment regime.
Important:
The absence of a required informacja starosty blocks the procedure regardless of all other circumstances.
Why This Is Critical for the Procedure
If a foreigner does not belong to a group with full access, the voivode is legally obliged to verify:
- the existence of a valid work permit or employer declaration;
- whether a labour market test is required and valid.
Any error at this stage:
- prevents substantive examination of the case,
- regardless of the employer’s credibility or the salary level.
Where a labour market test is mandatory, its absence constitutes an independent procedural ground for blocking the case.
The voivode has no legal authority to compensate for this deficiency by assessing salary, contract terms, or the employer’s needs.
Legal basis: Articles 8-10 of the Act of 20 March 2025 on the conditions for permitting the employment of foreigners (labour market test rules and exemptions).
Conclusion
Full access to the labour market is not the general rule, but a statutory exception.
In 2025, the voivode treats this criterion as the first and mandatory filter in any case related to employment. Incorrect classification of a foreigner’s status means that the case will never reach the stage of assessing the contract, salary, or working conditions – regardless of how genuine they may be.
Ukrainian version of this article
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