An increasing number of inspections by the Labor Inspectorate (PIP) and the Border Guard are uncovering cases of the so-called “student scam.” These are situations in which a foreign national claims to have a fictitious or expired student status in order to work without the required permits.
For employers, this is a serious problem. Even if the company was unaware of the irregularities, the employer is still liable.
What is the “student scam”?
Under Polish law, student status may, in certain cases, affect the rules governing the employment of foreign nationals. In practice, however, there are increasingly frequent situations in which:
-
a foreign national presents an outdated certificate of student status,
-
The student has been removed from the student roster but is still working,
-
the documents pertain to fictitious or unverified universities,
-
The employer does not verify documents during the course of employment.
As a result, the company may unwittingly allow a situation to arise in which a foreign national’s employment is deemed illegal.
Inspections are becoming more frequent
Supervisory authorities, in particular:
-
State Labor Inspectorate,
-
Border Guard,
They are increasingly checking the grounds for employing foreign nationals.
In practice, this means that the following items, among others, are analyzed during the audit:
✔️ Documents confirming legal residence,
✔️ Basis for employment,
✔️ Current student status.
If it turns out that a foreign national does not have valid student status, the employment may be considered illegal hiring.
Why does the responsibility fall on the employer?
From a legal standpoint, the employer is responsible for ensuring that employment is lawful.
Therefore, the argument that “the employee misled us” usually does not protect against the consequences.
The effects may include:
- financial penalties,
- problems with subsequent legalization procedures,
- reputational and operational risks.
It is worth noting that, with the growing number of inspections, even isolated irregularities can lead to a detailed review of the entire organization.
How can you reduce the risk?
Companies that employ foreign nationals should implement clear procedures for verifying student status.
In practice, this means:
✔️ Verifying current certificates from universities,
✔️ Verifying student status during employment,
✔️ Checking the validity of residence permits,
✔️ Maintaining complete employee records.
In addition, it is advisable to implement periodic audits of employment legality, particularly in organizations that employ a large number of foreign nationals.
The growing number of cases of “student scams” shows that the issue of legalizing the employment of foreign nationals is no longer merely a formality.
It becomes part of a company's risk management.
Organizations that:
-
have well-organized document verification processes,
-
monitor the status of foreign employees,
-
work with experienced partners,
significantly reduce legal and operational risks.
The “student scam” is one of the growing threats facing employers who hire foreign nationals. Failure to verify a student’s status can result in the employment being deemed illegal—even if the company acted in good faith.
That is why a systematic approach to verifying documents and employment procedures is becoming increasingly important.