Colombia, Venezuela, Georgia: End of Visa-Free Work – What Now? Official Interpretation by the Ministry of Labour
Due to ambiguities regarding the practical application of the new regulations restricting visa-free work for citizens of Colombia, Georgia, and Venezuela, on August 11, 2026, the Lewiatan Confederation, of which LAUT is a member, sent an official inquiry to the Ministry of Family, Labour and Social Policy. On August 12, 2026, we received a response that clarifies the legal situation of employed foreigners.
On August 7, 2026, the Regulation of the Minister of Family, Labour and Social Policy of July 31, 2026 (Journal of Laws of 2026, item 1072) was published in the Journal of Laws. The regulations enter into force 14 days after publication (vacatio legis), which is exactly on August 22. According to the new law, citizens of Colombia, Georgia, and Venezuela will not be entitled to perform work in the territory of Poland on the basis of a work permit if the sole basis of their stay is visa-free travel.
Scope of the inquiry to the MRPiPS
The introduced changes raised justified doubts among employers regarding the continuity of legal employment. Our inquiry to the ministry aimed to establish the interpretation in two specific situations:
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The possibility of continuing work by a foreigner who entered Poland before August 22 under visa-free travel and holds a work permit.
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The legality of entrusting work after August 22 to citizens of these countries who have applied for a temporary residence and work permit (single permit) and are staying in Poland pursuant to Art. 108 of the Act on Foreigners (on the so-called “stamp”).
Interpretation of the Ministry of Family, Labour and Social Policy – 3 absolute conditions
The received letter “MRPiPS Explanations” presents an unequivocal position of the ministry on this matter. The restriction on the possibility of visa-free work does not mean a ban on performing work while waiting for the voivode’s decision regarding the granting of a temporary residence and work permit (Art. 108 sec. 1 item 2 of the Act on Foreigners).
However, for a foreigner from Colombia, Georgia, or Venezuela to legally continue working on the so-called “stamp” after August 22, certain conditions must be met, including primarily three key ones:
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Physical commencement of work on time: Merely holding an active and valid work permit is not sufficient. The foreigner must have physically started working based on it, and the commencement of its performance must have occurred before the day the regulation enters into force, meaning no later than August 21 inclusive.
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Having a “stamp” before August 22: The foreigner must have effectively submitted an application for temporary residence and work before August 22, meeting the premises of Art. 108 of the Act on Foreigners. This means an application without formal defects, which is officially confirmed by a digital certificate (and not an ordinary Official Receipt Confirmation – UPO).
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Continuation on unchanged terms: In accordance with Art. 108 of the Act on Foreigners, the legality of work on a “stamp” requires that it be continued on the exact same principles that appear in the existing work permit (same position, remuneration rate, working time). Changing these terms breaks the continuity of legal employment.
The transitional provision does not apply to foreigners who did not physically start work before August 22 (even if they had a current permit), as well as those who obtained a new work permit after the regulation entered into force.
Expiration of the permit after August 22
Special attention should be paid to the situation in which the existing work permit expires after the new regulations enter into force. If the foreigner effectively submitted an application for temporary residence and work before August 22 (obtained electronic confirmation / stamp / submitted fingerprints) and physically performed work by that time – which can be demonstrated, inter alia, by bank account inflows or a time register – they can fully legally continue employment after the expiration date of the permit and visa-free travel. There is no obligation to obtain a new work permit – the only condition is maintaining the continuity of work on the existing terms and holding the confirmation. In official practice, interpretations may vary.
Direct consultations and employment audit with LAUT
The Ministry’s guidelines confirm the legality of employment upon meeting specific criteria.
We invite you to contact us to discuss the status of employed citizens of Georgia, Colombia, and Venezuela before August 22 and after this date. Our LAUT office advises staying calm, looking at the broader picture, and making good decisions.
Explanation: What is a “stamp” currently? Currently, it is an official, digital certificate with an electronic seal of the office. It is obtained after an effectively submitted application.
