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Legal work of foreign students

Some of foreigners who study in Poland have possibility to take up an employment without specific permission to work. It is not necessary for those who complete full-time studies or full-time doctoral studies in our country. It is not necessary to issue such a permission also for those who are on the territory of the Republic of Poland on the basis of student mobility, i.e. to continue or supplement studies undertaken on the territory of another Member State of the European Union. It does not matter in this case whether they study at a public or private university. The annotation “access to the labor market” is placed on their residence card, which will confirm their entitlement for the employer.

Apart from the cases mentioned above, it is not required to have a work permit if the foreigner holds:
• permanent residence permit in the Republic of Poland,
• long-term European Union resident permit in the Republic of Poland,
• permission to stay for humanitarian reasons,
• a valid Pole’s Card,
• permission for tolerated stay in the Republic of Poland,
• temporary residence permit issued for family reunification,
• the status of a family member of an EU / EEA / Switzerland citizen.

Furthermore, the permission to work is not necessary for a foreigner if he/she:
• is the spouse of a Polish citizen and has a temporary residence permit on the territory of the Republic of Poland, which was granted on the basis of marriage with Polish citizen or
• is a graduate of Polish upper secondary schools, full-time university studies or full-time doctoral studies at Polish universities,
• enjoys international protection in Poland (has refugee status, subsidiary protection).

A student should present to employer a valid student ID card or university certificate to confirm the status of student. An employer who plans to employ a foreigner should check whether he or she stays legally in Poland. In case of illegal employment, an employer is exposed to a fine from 1,000 to 30,000 PLN. In such situation, the foreigner will be issued a decision obliging him/her to return to the country of origin. By signing the employment contract, a foreigner will be subject to Polish labor code provisions.