Performing work by students and graduates of Polish universities

Detailed explanation

Some third-country nationals and stateless persons who study in Poland can work without the need for a work permit.

Those who study in Poland at full-time higher education or at a doctoral school do not need such a permit if they are in Poland:

• on the basis of a temporary residence permit for the purpose of studying (also if they are BY citizens and this permit was granted to them in connection with a preparatory course) – i.e., on the basis of a residence permit with the annotation "access to the labour market" issued after the permit was granted to them

• legally while waiting for the consideration of the application for granting another temporary residence permit for the purpose of studying at university, on the so-called stamp (check restrictions)

• legally while waiting for the consideration of the application for granting a temporary residence permit in a purpose other than the above-mentioned one, a permanent residence permit or a long-term EU resident permit, i.e., on the so-called stamp – only if before submitting the application they were entitled to work in Poland (check restrictions)

• in connection with the use of student mobility

• on the basis of a visa issued by the consul of the Republic of Poland with the annotation "student"

• on the basis of another visa issued by the consul of the Republic of Poland, with the exception of a visa issued for tourist purposes or the use of temporary protection

• on the basis of a visa or residence permit issued by another Schengen State

• visa-free regime

• on the basis of a temporary residence permit, with the exception of a permit granted due to circumstances requiring a short-term stay.

A work permit is also not needed by students from third countries, residing in Poland legally, on the basis of a residence title entitling them to work, who:

• carry out work within the framework of professional internships, which are directed by organizations that are members of international student associations;

• perform work within the framework of cooperation between public employment services and their foreign partners, if the need to entrust the foreigner with the performance of work is confirmed by the competent employment authority;

• are students of higher education institutions or vocational schools in Member States of the European Union or countries of the European Economic Area not belonging to the European Union or the Swiss Confederation, who carry out work in the framework of professional traineeships provided for in the study regulations or curriculum, provided that they have obtained a referral for such practice from a higher or vocational school.

Except in the cases mentioned above, a work permit is not required, regardless of:

• forms of study (full-time/part-time),

• the place of their holding (i.e., regardless of whether the HEI has been approved for the purpose of admitting foreigners or whether a decision has been issued prohibiting the admission of foreigners, whether it is public or private), and

• level and type of studies

- in any case, if the foreigner has full access to the labour market, regardless of the fact of receiving education in Poland, which is the case, when:

• is a beneficiary of international protection or domestic forms of protection against expulsion (they have refugee status granted in Poland, they have been granted subsidiary protection in Poland; they have a permits to stay for humanitarian reasons or for a tolerated stay in Poland; they enjoy temporary protection in Poland) or have a valid certificate issued by the Head of the Office for Foreigners in connection with the ongoing proceedings for granting international protection;

• has a residence permit granted indefinitely (permanent residence permit or long-term EU resident's residence permit);

• has a temporary residence permit for a family member of a citizen of the Republic of Poland;

• has a temporary residence permit for the purpose of reunification with their family;

• holds a temporary residence permit for a victim of trafficking in human beings;

• has a valid Pole's Card and a document legalizing residence in Poland.

In order to keep graduates of Polish universities on the local labour market, the law provides for a number of facilitations in providing them with access to work.

A higher education graduate is considered to be a person who has obtained a diploma confirming the completion of first-cycle, second cycle, long-cycle, or doctoral studies (/doctoral studies) obtaining respectively the professional title of bachelor, engineer, master, master of engineer or doctor, or equivalent titles.

Such a person, if they are a citizen of a third country (i.e., does not have the citizenship of one of the EU countries, Norway, Iceland, Liechtenstein, or Switzerland) or a stateless person, may apply for a temporary residence permit due to other circumstances dedicated to graduates of Polish universities. This permit is granted for the purpose of looking for a job or intending to start a business. In the case of this permit, it is not important in what mode – full-time or part-time – these studies were carried out.

After finding employment in Poland, a graduate of higher education in Poland at Polish universities, scientific institutes of Poland Academy of Sciences or research institutes operating on the basis of regulations on research institutes, may perform work without a permit, as long as these studies were carried out in a full-time mode, and they have the right to stay in Poland on the basis that allows them to perform work (e.g. residence permit, except granted due to circumstances requiring a short-term stay). However, the freedom from the obligation to have a work permit does not apply to foreigners who are graduates of part-time studies (i.e., extramural, external, etc.).

Graduates of such studies applying for temporary residence and work permits are exempt from the obligation to provide information to the starost about the inability of the employer to meet the staffing needs on the local labour market (the so-called labour market test is not carried out) in the period of 3 years preceding the submission of the application for this permit. This exemption applies both to persons who graduated from an HEI with their registered office in Poland, as well as to those who graduated from HEIs in the territory of another country of the European Economic Area (EU, NO, IS, LI) or Switzerland. This exemption may be used by a foreigner who studied outside Poland, in the above-mentioned countries, both stationary and part-time.