Work permits in Poland vs. declaration of work (oświadczenie): what is the real legal difference
Why formally legal work does not always mean a safe residence status in Poland
In Polish law, several mechanisms allow foreigners to work legally. Formally, all of them permit employment, but their legal strength, stability, and impact on residence status differ significantly.
This is where most practical mistakes occur: a foreigner works “legally”, yet loses a residence card or receives a refusal.
In administrative practice, a substantial number of residence permit refusals concern applicants who were formally employed in compliance with labour regulations, but whose employment was assessed as insufficient or unstable from a migration perspective.
This article explains the real legal differences between Polish work permits (types A-E) and the declaration of work (oświadczenie o powierzeniu wykonywania pracy), without simplifications or common myths.
Work permits in Poland: types A-E
The legal basis for work permits is the Act of 20 April 2004 on Employment Promotion and Labour Market Institutions.
Type A – standard employment in Poland
Applies when a foreigner works:
- on the territory of Poland,
- under a contract with a Polish employer,
- in a Polish company or its local structure.
A type A permit is issued for a fixed period, generally up to 3 years. In practice, the period may be shorter depending on the employment contract, the employer’s situation, and the assessment of the voivodeship authority.
This is the most common and the most stable type of permit and is typically used as the basis for a temporary residence and work permit.
Type B – management of a company
Concerns foreigners who:
- are members of the management board, or
- are general partners in partnerships.
Usually issued for up to 3 years; in larger entities (over 25 employees) it may be granted for up to 5 years.
This is a corporate permit rather than a classic employment-based one.
Type C – secondment to a Polish entity
Applies when:
- the employer is a foreign company,
- the foreigner is seconded to a Polish branch or related entity,
- the assignment exceeds 30 days in a calendar year.
The foreign company remains the actual employer.
Typically issued for up to 3 years, though the authority may grant a shorter period based on individual circumstances.
Type D – export service without a Polish establishment
Used when:
- the foreign employer has no branch in Poland,
- the employee performs a temporary service for a Polish contractor.
Requires a contract between the foreign company and the Polish client.
Usually issued for up to 3 years, with possible reduction if the service is clearly limited in time.
Type E – residual permit
Applies when:
- the foreigner works for a foreign employer,
- the secondment exceeds 30 days within six months,
- the situation does not fall under types B, C, or D.
This is a rarely used, atypical mechanism, generally issued for up to 3 years.
What is a declaration of work (oświadczenie)?
A declaration of work is not a work permit. It is a simplified registration mechanism regulated by the Act and implementing regulations.
Legal nature:
- the employer submits a declaration to the local labour office,
- the declaration is entered into the official register,
- after registration, the foreigner may work without a work permit, but only under strictly defined conditions.
This is a registration act, not an administrative decision granting a permit.
Who can work based on a declaration?
Under the Regulation of the Minister of Family, Labour and Social Policy of 21 November 2025, only citizens of:
- Ukraine,
- Moldova,
- Belarus,
- Armenia
may work on the basis of a declaration.
This list is exhaustive.
Key limitations of a declaration
- Time limit: up to 24 months under one declaration,
- Scope: specific position, place of work, salary, and working time,
- Formal consistency: employment contract terms must exactly match the declaration.
A declaration does not legalise residence; a separate residence title is required.
Work permit ≠ declaration
A work permit is a classic administrative authorisation issued by a voivode, available to most foreigners and designed for longer-term employment.
A declaration is a simplified, temporary mechanism available only to selected nationalities and is not legally equivalent to a work permit.
Why legal employment does not always mean a safe residence status
This is the most commonly overlooked issue.
- Different assessment criteria
For legal work, it is enough to have:
- a valid residence title,
- a work permit or a declaration.
For a residence card, authorities assess:
- the real and stable nature of employment,
- income level,
- social security contributions and taxes,
- the employer’s financial standing,
- absence of fictitious employment.
- Substantive verification
Authorities verify data from:
- Social Security (ZUS),
- Tax Administration (KAS),
- Labour Inspectorate (PIP),
- Border Guard.
Employment may be formally legal but still considered migration-weak.
- Short-term and unstable grounds
Declarations and short permits allow work but often fail to build long-term residence stability. Frequent employer changes and breaks in employment are common refusal grounds.
- Employer’s issues become the foreigner’s problem
Even without violations by the foreigner, employer debts, fictitious employment, or mass declarations may negatively affect a residence case.
Scope of this article
This article explains the mechanisms, legal differences, and typical risks.
It does not answer which path is optimal in an individual case or whether a specific contract is sufficient for a residence card.
At this point, individual factual assessment becomes decisive.
Conclusion
Having a declaration or a work permit means only one thing: employment in Poland is formally allowed at a given moment.
It does not guarantee obtaining or maintaining a residence card, permanent residence, EU long-term resident status, or citizenship. In migration matters, the decisive factor is not the document itself but its real legal weight in the specific factual situation assessed by the authority.
Ukrainian version of this article
Contact For professional assistance regarding Polish immigration, residence procedures, and administrative compliance, you may contact me via Telegram: @aleks_dokumenty