What Changed and Why – Temporary Stay and Work for Foreigners with a Schengen Residence Permit
On June 1, 2025, new rules came into force as a result of the Act of April 4, 2025 (Polish title: Ustawa z dnia 4 kwietnia 2025 r. o zmianie niektórych ustaw w celu wyeliminowania nieprawidłowości w systemie wizowym Rzeczypospolitej Polskiej, Journal of Laws 2025, item 622, as changed).
These new rules aim to stop the misuse of ways to legalize the stay and work of foreigners in Poland, especially those who have residence permits from other Schengen countries.
Schengen Residence Permit – New Rules From June 1, 2025
According to the changed Article 116 point 8 of the Foreigners Act (Journal of Laws 2024, item 769, as changed), Voivodes (polish: Wojewoda) will refuse to initiate the process for granting a temporary residence and work if, on the date of application, a foreigner is staying in Poland on the basis of a residence permit issued by another Schengen State.
The only exception applies in cases of mobility (polish: mobilność).
Schengen Residence Permit – Applications Made After June 1, 2025
If an application for a temporary residence and work permit is submitted after 1 June 2025, while the foreigner is staying in Poland solely on the basis of a residence card issued by another Schengen country, the authorities (here: Wojewoda) will refuse to initiate residence permit proceedings—unless the foreigner qualifies under the mobility exception.
Schengen Residence Permit – Application Made Before June 1, 2025
The new rules only apply to applications made on or after June 1, 2025 (according to Article 22 of the amending act: Act of April 4, 2025).
This means that if an application was submitted before 1 June 2025, and all other legal requirements were met, the application may still be continued – even if the foreigner was staying in Poland on the basis of a residence card issued by another Schengen country.
Summary: Temporary Residence and Work for Foreigners with a Schengen Residence Permit
From June 1, 2025, foreigners staying in Poland with residence cards from other Schengen countries cannot apply for temporary residence and work permit, unless they qualify under the mobility rules.
Applications submitted before 1 June 2025 are still considered under the previous regulations.
This article is intended for informational purposes only and does not constitute legal advice. For assistance in individual cases, we encourage you to contact our law firm directly.
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