From 1 January 2021, UK nationals are subject to the same immigration regulations on legalisation of stay and employment in Poland as those applicable in case of citizens of third countries. This means that before arrival to Poland in order to perform work, it is required to obtain a work permit and - in case of intended stay longer than 90 days in the period of 180 days - a relevant national visa or residence permit.
Exceptions from the rule
At the same time an amendment to the Act on entering the territory of the Republic of Poland, residence and departure from this territory of nationals of Member States of the European Union and their family members, and some other acts entered into force on 1 January 2021. The amendment specifies new residence rules for UK nationals and their family members residing in Poland before this date.
Beneficiaries of the Withdrawal Agreement
Based on the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (hereinafter the Withdrawal Agreement), persons who exercised the right to stay in Poland before the end of the transition period and intend to continue living in Poland will retain the existing rights and privileges, providing that they apply for new residence permits to the competent provincial office by 31 December 2021.
The right to stay in the territory of Poland, in accordance with applicable regulations, may be retained by, among others:
- employees (excluding posted workers) or self-employed persons;
- persons with sufficient financial means to support themselves and their family members;
- students and participants of vocational trainings;
- spouses of Polish nationals;
Frontier workers
Based on the current regulations, UK nationals who have been performing work until 30 December 2020 and intend to continue employment as frontier workers on the same terms, assuming they do not live in Poland permanently, will also be eligible to exercise the rights guaranteed by the Withdrawal Agreement. In order to secure these rights (i.e. possibility to continue employment in Poland on the same terms without the necessity to obtain a work permit and Polish visa), it will be required to register residence not later than until 31 December 2021. It is essential that such an employee maintains the continuity of work before as well as after the end of the transition period.
The residence registration certificate issued by the Polish immigration authorities entitles only to visa-free entry, stay and work as a frontier worker in the territory of Poland. The document does not allow to travel to other Schengen countries.
Business travels
Trade and cooperation agreement between the European Union and the European Atomic Energy Community and the United Kingdom of Great Britain and Northern Ireland (hereinafter the Agreement) facilitates business travels up to 90 days within 180 days and performing activities strictly specified in this Agreement. These include activities consisting in participation in meetings, consultations, marketing and sales research. The Agreement indicates the conditions which must be met in order to be able to take advantage of the introduced facilitations.
Posted workers
Workers posted under the freedom to provide services within the European Union have not been included in the Withdrawal Agreement, and therefore, have not obtained any rights resulting from it after the transitional period. The rules concerning their further stay and employment in Poland are regulated in national legal provisions, i.e. the Act on foreigners.
Persons who have been working in Poland as posted workers until 31 December 2020 and continue their work after 1 January 2021 are exempt from the obligation to have a work permit valid for the entire period of its performance, and their stay is considered legal until 31 December 2021. In such a case, posted workers have the right to apply to the voivode for a special temporary residence permit, which may be granted for 5 years. Such a permit will entitle them to stay and work without a work permit.
Steps to take
- Detailed analysis of the situation regarding possible facilitations, including the scope of activities in case of persons travelling for business purposes.
- Application for relevant residence permits in case of beneficiaries of the Withdrawal Agreement or posted workers – not later than by 31 December 2021.
- In case of persons intending to travel to Poland - planning an applicable immigration path and obtaining relevant residence and work permits.
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