Starting in November, important changes may come into effect regarding what is work of foreigners without a permit. Although the regulation concerns one specific exception - full-time students - its effects will be felt by both employers and employment agencies, as well as foreigners themselves. It's a correction that significantly tightens up the system and adds a new verification obligation for companies.
Foreigners working without a permit: what's changing?
In the course of reviewing a draft regulation on the catalog of situations in which foreigners can work in Poland without a permit, a key amendment came up.
At the request of Ministry of the Interior and Administration, the Ministry of Family, Labor and Social Policy agreed to significantly narrow the existing exemption.
New condition: only for students of approved universities
The work permit exemption is to be granted only to university students:
- approved by the Ministry of Internal Affairs and Administration or
- universities that are not inherently subject to approval (e.g., academic universities).
This is a very big change.
Until now, it was enough to be a student of of any university in Poland to take up a job without a permit.
Why were changes made?
The ministry points out that the current regulations created a systemic gap:
- A foreigner who cannot obtain a residence permit as a student (because the university is not approved),
- could legally work without a permit just because he is a student at this university.
Thus, the new regulations are intended to "seal" the system and make it impossible to circumvent the residency rules.
Consequences for employers
The change means a new verification obligation.
Before hiring a foreign student, the employer will have to check:
✔ whether the university is on the list approved by the Ministry of Internal Affairs,
✔ whether it is not subject to approval.
Incorrect verification means:
❌ illegal work,
❌ risk of financial penalties during inspections,
❌ risk to the foreigner - loss of basis of stay.
This is especially important for industries where young people work: logistics, manufacturing, warehouses, catering.
When will the changes take effect?
The draft regulation is expected to be published later in October, so that the new rules will take effect as of November.
Why so soon?
The transition period of the previous regulation is coming to an end - the new document must come into force to maintain continuity in the regulations.
What should employers do right now?
✔ Verify the list of universities
Check which entities are approved by the Ministry of Internal Affairs and which are exempt.
✔ Update employment procedures
Make it mandatory to check the university's status every time a student is hired.
✔ Train HR and coordinators
Especially in companies with many young foreign workers.
✔ Be cautious with non-public universities
They are the ones that most often will not meet the criteria.
Changes to the catalog of exceptions to what is work of foreigners without a permit, are significant and require an immediate response from companies. The new obligation to verify universities may seem minor - but in practice it will affect the legal employment of thousands of foreign students.
For responsible employers and staffing agencies, this is the moment to standardize processes, increase document control and safeguard the company against risks. And to work with a trusted partner. Contact us.