New Law Change from 01 June 2025, can’t apply TRC based on work from another Schengen country
Significant amendments to Poland’s visa and residence regulations, stemming from the “Act on amending certain acts in order to eliminate irregularities in the visa system of the Republic of Poland,” are now fully in effect, profoundly impacting how non-EU foreigners with residence documents from other Schengen countries can legalize their stay for work purposes in Poland. Specifically, changes to Article 116 of the Foreigners Act, which became applicable from June 1, 2025, redefine the conditions under which these individuals can apply for a Polish Temporary Residence Card (TRC) based on employment.
The Heart of the Change: Article 116 Redefined
Previously, the nuances of staying in Poland with a long-term visa or residence permit from another Schengen country, particularly when engaging in work, could lead to complexities in applying for a Polish TRC. The amended Article 116, in a bid to streamline and tighten the visa system, clarifies and, in some cases, restricts these pathways.
The key additions and modifications to Article 116 are as follows:
- Point 5 now specifically references a broader range of visa purposes (Art. 60 sec. 1 points 1-3, 7, 9-11, 14-16 or 18) for which stays in Poland are generally covered without requiring a separate permit for those specific purposes. This part largely concerns national visas for study, scientific research, specific training, humanitarian reasons, etc., emphasizing their intended purpose.
- New Points 7, 8, and 9 are particularly crucial for non-EU foreigners from other Schengen countries:
- Point 7 states that an application will be refused if a foreigner is already staying in Poland on the basis of a long-term visa issued by another Schengen country, unless they are “benefiting from mobility” in Poland.
- Point 8 mirrors this for those residing in Poland on the basis of a residence permit (referred to in Article 1, paragraph 2, letter a of Regulation No. 1030/2002 – typically a standard residence card) issued by another Schengen country, again with the “mobility” caveat.
- Point 9 refers to stays based on an entry permit mentioned in Art. 32 sec. 1.
Impact on Work-Based TRC Applications (“So-Called Exchange”)
The practical implication of these changes, particularly points 7 and 8, is that non-EU foreigners who have entered Poland on a long-term visa or residence permit from another Schengen country will now face significant limitations when attempting to directly apply for a Polish Temporary Residence Card (TRC) based on work.
Prior to this amendment, there was often a grey area or a perceived “exchange” mechanism where individuals with valid long-term visas or residence permits from one Schengen state might attempt to switch their basis of stay to work in Poland. The new Article 116 explicitly aims to curb this practice for work purposes, making it clear that a stay based on a document from another Schengen country generally does not serve as a direct foundation for a Polish work-based TRC application, unless it falls under specific “mobility” provisions (e.g., EU Blue Card mobility, ICT permits), which are distinct from simply changing the purpose of stay.
What Does This Mean for Foreigners?
- Stricter Pathway for Work: For non-EU citizens, the path to obtaining a work-based TRC in Poland generally requires securing the appropriate Polish visa or fulfilling specific entry conditions for work from their country of origin or legal residence outside the Schengen area, rather than attempting to convert a stay initiated through another Schengen state’s visa/permit.
- Focus on Purpose of Stay: The changes reinforce the principle that the purpose for which a visa or residence permit is issued should align with the actual activities undertaken in Poland. If the primary intent is to work in Poland, the appropriate Polish work authorization and visa/residence application should be pursued from the outset.
- Mobility Exceptions: It’s important to note that recognized EU-level mobility schemes (like the EU Blue Card or Intra-Corporate Transfer permits) do allow for specific forms of work-related mobility across Schengen states. These amendments to Article 116 appear to clarify that such regulated mobility is distinct from a general ability to convert a non-Polish Schengen residence document into a Polish work-based TRC.
- Study and Other TRC Applications Still Possible: The new regulations do not prohibit non-EU foreigners from other Schengen countries from applying for Polish TRCs based on other valid purposes, such as study. This distinction is critical, as Poland remains an attractive destination for international students.
Why the Change?
This legislative update is part of Poland’s broader effort to eliminate irregularities in its visa system and ensure greater control and transparency over who enters and resides in the country, particularly for economic activity. By clarifying the conditions in Article 116, Poland aims to prevent potential abuses and streamline immigration processes, aligning its national regulations more closely with its strategic goals for controlled migration.