Colombia, Venezuela, Georgia: Visa and Work – MFA and MRPiPS Regulations and the Ministry’s Official Interpretation

In August 2026, two new regulations were published introducing significant restrictions for citizens of Georgia, Colombia, and Venezuela:

1. Regulation of the Minister of Family, Labour and Social Policy of 31 July 2026 (Dz. U. item 1072), regulating work performance issues.

2. Regulation of the Minister of Foreign Affairs of 10 August 2026 (Dz. U. item 1086), regulating entry rules into the territory of the Republic of Poland.

The Regulation of the Minister of Foreign Affairs of 10 August concerning citizens of Colombia, Venezuela, and Georgia went almost unnoticed; it came into force on the date of promulgation (i.e. immediately upon publication on 12 August), without a 14-day vacatio legis period as was the case with the MRPiPS regulation.

In connection with the publication of both legal acts, as members of the Foreigners Task Force within the Polish Confederation Lewiatan (Konfederacja Lewiatan), we continuously monitor the legal environment. Immediately after the issuance of both regulations, we requested official clarifications from the respective ministries. The latest official clarifications from the Ministry of Family, Labour and Social Policy (MRPiPS) and the legal analysis allow us to structure the rules governing legal entry, employment, and work continuation while applying for a single residence and work permit (zezwolenie jednolite / residence card).

I. Two Regulations – Two Different Stages (Entry vs. Work)

A proper assessment of a foreigner’s situation requires a strict separation of two independent stages: the right to cross the border and the right to perform work.

• Stage 1: Entry into Poland – Regulation of the Minister of Foreign Affairs (MSZ)

  • Cut-off date: 15 August 2026.

  • General rule: Citizens of Georgia, the Republic of Colombia, and the Bolivarian Republic of Venezuela entering Poland after 15 August for the purpose of employment lose the right to enter under the visa-free regime and must hold an appropriate visa.

  • Transitional provision: Foreigners who crossed the Polish border before 15 August 2026 are subject to the previous rules (visa-free entry was permissible).

• Stage 2: Work Performance – Regulation of the Minister of Family, Labour and Social Policy (MRPiPS)

  • Cut-off date: 22 August 2026 (following a 14-day vacatio legis from the announcement on 7 August).

  • General rule: Mere stay under the visa-free regime no longer entitles citizens of the specified countries to perform work on the basis of a work permit.

  • Transitional provision: Foreigners holding a work permit who physically took up and commenced work before 22 August 2026 retain the right to continue working under the existing terms until the end of their legal visa-free stay.

II. Practical Classification of the Employee’s Situation

Comparing the MFA and MRPiPS regulations along with the official ministerial responses clarifies the legality of employment in individual cases:

III. Single Permit and Residence Procedure (Art. 108 of the Act on Foreigners)

Restricting work under the visa-free regime does not preclude the possibility of legally performing work based on other residence titles – including pursuant to Art. 108(1)(2) of the Act on Foreigners (during the procedure of applying for a temporary residence and work permit).

According to the official interpretation of MRPiPS, a foreigner may continue to work on the so-called “stamp” (stempel) after 22 August 2026, provided that all of the following requirements are met jointly:

CONDITIONS FOR LEGAL WORK ON A “STAMP”:

1. Entitlement and physical work before 22.08: The foreigner held a work permit and documented the actual commencement of employment no later than 21 August 2026 inclusive.

2. Properly submitted residence application before 22.08: The application for a single permit was submitted free of formal defects and officially certified (the so-called stamp) before the provisions entered into force.

3. No grounds for refusal: There are no circumstances justifying the refusal to initiate residence proceedings.

4. Continuation of work under identical terms: Work must be performed for the same employer, in the same position, and under unchanged terms regarding working hours and salary.

What is the “stamp” and the lack of formal defects in practice today?

• The modern “stamp” is a digital certificate: In current voivodeship office practice, the traditional ink stamp in the passport is most often replaced by an official digital certificate (a PDF document with a qualified electronic signature or electronic seal of the office).

• Official Confirmation of Receipt (UPO) alone is not enough: A postal receipt or electronic confirmation of receipt (UPO) does not constitute proof of legal work under Art. 108 of the Act on Foreigners. The application must pass formal verification.

• Role of fingerprinting: The elimination of formal defects usually occurs after the foreigner’s personal appearance at the voivodeship office, identity verification, and the collection of fingerprints. Only then is the certificate confirming the absence of formal defects issued.

Key Rules for Continuing Employment During Proceedings

1. Physical commencement of work: The foreigner must have actually performed work before 22 August. It is essential to secure evidence confirming this fact (ZUS ZUA registration, working time records, attendance lists, bank transfer confirmations of salary payments).

2. Expiration of permit while awaiting decision: If the foreigner held a permit, worked, and obtained an official “stamp” before 22 August, the expiration of the work permit or the visa-free stay limit after 22 August does not interrupt the legality of employment. Work remains fully legal by operation of law until the voivodeship decision becomes final.

3. Invariance of employment terms: Work on the “stamp” must be performed for the same employer and on exactly the same terms (position, working hours, remuneration rate) as indicated in the original permit.

IV. Example

Factual background:

A Colombian citizen entered Poland on 20 July 2026 under the visa-free regime. The employer obtained a Type A work permit for him, valid until 30 September 2026. The foreigner commenced work on 1 August. In mid-August, he submitted an application for a single permit to the voivodeship office, provided fingerprints, and on 18 August received a digital certificate confirming the absence of formal defects (“stamp”).

Legal assessment after 22 August:

The employee entered before 15 August (in accordance with the MFA regulation), held a permit and physically worked before 22 August (in accordance with the MRPiPS regulation), and obtained the “stamp” before 22 August.

Conclusion: The foreigner works legally. After 30 September 2026 (when his original work permit expires), he may continue to work legally under the existing conditions pursuant to Art. 108 of the Act on Foreigners until the voivode issues a final residence decision.

V. LAUT Audit Recommendations

To protect the company against allegations of illegal employment of foreigners, we recommend conducting an audit of employee personnel files:

• Verifying passports for the date of entry into Poland (border crossing before 15 August 2026).

• Collecting documentation proving the physical commencement of work before 22 August 2026 (ZUS records, working time records, salary wire transfers).

• Verifying the date of issuance of the certificate of absence of formal defects regarding the residence card application (issuance date before 22 August 2026).

• Ensuring strict invariance of employment conditions for employees awaiting the voivode’s decision on the “stamp”.

Sources

Regulation of the Minister of Family, Labour and Social Policy of 31 July 2026 on the list of countries whose citizens holding a work permit are not entitled to perform work during their stay in the territory of the Republic of Poland under the visa-free regime (Dz. U. item 1072) – a legal act specifying the list of countries (Venezuela, Georgia, Colombia) whose citizens lose the right to work under the visa-free regime as of 22 August 2026, together with transitional provisions.

Regulation of the Minister of Foreign Affairs of 10 August 2026 on establishing exceptions to the visa waiver for foreigners referred to in Article 6(3) of Regulation (EU) 2018/1806 of the European Parliament and of the Council (Dz. U. item 1086) – a legal act revoking the visa waiver as of 15 August 2026 for citizens of the aforementioned countries entering Poland for the purpose of employment.

Official clarifications of the Ministry of Family, Labour and Social Policy, letter of 12 August 2026 (ref. DRP-XI.0211.348.2026) – ministry interpretation issued upon request of the Polish Confederation Lewiatan, confirming that the ban on work under the visa-free regime does not restrict the right to legal work after 22 August 2026 for foreigners staying on the so-called “stamp” (pursuant to Article 108 of the Act on Foreigners).

Official clarifications of the Ministry of Family, Labour and Social Policy, letter of 17 August 2026 (ref. DRP-XI.0211.360.2026) – additional ministry letter issued upon request of the Polish Confederation Lewiatan, specifying the lack of legal work possibility for persons who received a permit after 22 August 2026, and narrowing the application of transitional provisions exclusively to foreigners who actually commenced work before the entry into force of the regulation.