Effective August 22, 2026, new rules will take effect regarding the employment of citizens of Georgia, Colombia, and Venezuela residing in Poland under the visa-free travel program. Although the new regulations have already been published, their practical application raises many questions among both employers and experts specializing in employment legalization.
The biggest problem turns out to be not the change in regulations itself, but their interpretation. As a result, companies that employ foreign nationals must be prepared to exercise greater caution when verifying the legality of employment and to conduct a more thorough review of their employees’ documentation.
New Regulations on Working Under the Visa Waiver Program
The changes stem from two regulations published in August 2026.
The first of these, issued by the Minister of Family, Labor, and Social Policy, sets out new rules governing the employment of citizens of Georgia, Colombia, and Venezuela.
The second, issued by the Minister of Foreign Affairs, establishes exceptions to the visa exemption for specified groups of foreign nationals.
Although the regulations have formally entered into force, their practical application as of August 22, 2026, may give rise to many questions of interpretation.
Where do these doubts come from?
The main point of debate concerns the scope of the new regulations.
Some experts point out that the restrictions apply only to people crossing the European Union's external border.
Others take a much broader view and believe that the regulations pertain to the ability to work in Poland regardless of which country the foreign national entered the Schengen Area through.
The discrepancies are significant enough that there are plans to submit a question to the European Commission to obtain an official interpretation of the regulations.
The history of the legality of one's stay is of key importance
One of the most important conclusions to be drawn from the new regulations is that an employer cannot limit itself to merely verifying a foreign national’s current documents.
It is also important to consider the basis on which the foreign national was staying in Poland and whether he or she had the right to work at the time of filing the application for a temporary residence permit.
It is precisely this factor that may determine the legality of employment while awaiting an administrative decision.
A residence permit application alone does not grant the right to work
The new regulations stipulate that a citizen of Georgia, Colombia, or Venezuela who enters Poland after August 22 under the visa-free travel program and only later submits an application for a temporary residence permit does not automatically acquire the right to work while awaiting the provincial governor’s decision.
This means that simply changing the basis for residence does not eliminate the restrictions on legal employment.
This is very important information for employers, as a misinterpretation of the regulations could result in the work being deemed illegal.
What do these changes mean for employers?
The new regulations show that the process of verifying foreign nationals' documents is becoming increasingly demanding.
Business owners who employ citizens of Georgia, Colombia, and Venezuela should pay special attention to:
- the basis for a foreign national's lawful stay,
- work history,
- the date the application for a temporary residence permit is filed,
- the completeness of the documentation confirming the legality of employment,
- situations involving a change of employer during ongoing administrative proceedings.
In practice, this means that documents must be analyzed much more thoroughly than before.
Why is caution so important today?
Proceedings related to legalizing one's stay often take many months.
During this time, employers, job titles, or the terms of employment may change.
The new regulations show that enforcement authorities are increasingly able to examine not only a foreign national’s current status, but also the entire history of their stay and employment.
Therefore, business owners should ensure that all stages of the legalization process are thoroughly documented.
How do you prepare a company?
Given the current situation, the recommended course of action is to take a cautious approach to interpreting the new regulations.
In practice, it's a good idea to:
✔ thoroughly verify the stay history and work authorization of each foreign national,
✔ keep records confirming the legality of employment,
✔ monitor emerging interpretations by administrative authorities,
✔ Consult on questionable cases before hiring.
Such measures help mitigate the risks associated with the ambiguity of the new regulations.
New regulations regarding work under the visa-free regime show that the process of legalizing the employment of foreign nationals is becoming increasingly complex.
For employers, this means they will need to scrutinize the documents and residency histories of employees from Georgia, Colombia, and Venezuela even more closely.
Until clear interpretations emerge, it is advisable to take a cautious approach and treat the verification of employment legality as part of the organization’s risk management. When it comes to hiring foreign nationals, it is increasingly the case that it is not the document itself, but its proper interpretation, that determines the employer’s security.