Legalisation of work of foreigners is a topic that affects thousands of companies and foreign workers in Poland. The year 2026 will bring groundbreaking changes to the European Union's migration regime. From the middle of the year, key elements will take effect EU Asylum and Migration Pact. The new rules organise the entire process - from the foreigner's first contact at the border, to asylum procedures and solidarity mechanisms between states.
In parallel, Poland is already operating after profound national reforms concerning legalisation of residence and work of foreigners. As a result, foreigners, employers and those advising in the area of labour migration are directly affected by these changes.
In practice, this means the operation of two parallel regimes:
- EU - related to asylum, borders and security
- national - regulating the legalisation of residence and work for gainful purposes
In 2026, the two orders will increasingly intersect. Therefore, the same person may go through different pathways (asylum, return, work). Moreover, data on residency and previous contacts with the administration will become more visible to the authorities than before.
EU 2026 Pact on Migration and Asylum - key dates of entry into force
The acts forming the Pact were adopted in 2024. However, their Application will not begin in stages until 2026.
Key dates:
- 12 June 2026. - the Border Screening Regulation, the new Asylum Regulation and the reformed Eurodac system
- 1 July 2026. - the Asylum and Migration Management Regulation (AMMR) and the Crisis Regulation
From the perspective of the EU institutions, 2026 is expected to be a moment of fully operational new system. This means that the European Commission will judge Member States by their real procedural and IT readiness. As a consequence, shortcomings in preparedness may result in an increase in disputes, complaints and checks on the legality of authorities' actions.
Screening of foreigners at the EU border - new procedures from 2026.
One of the most noticeable changes is the compulsory screening of aliens at the EU external border. From 12 June 2026, border authorities will screen persons apprehended after unauthorised border crossings or rescued in SAR operations. The procedure includes a standardised set of steps:
- verification of identity
- security checks
- initial health surveillance
- collection of biometric data
At the screening stage, the authorities treat the foreigner as being in the „pre-entry” at the external border. This therefore affects the modalities of further procedures and the means of ensuring its availability.
In practice, the role of the detention decision as a measure of last resort is increasing. In addition, alternative measures will be used more frequently. At the same time, an increase in disputes over procedural guarantees is to be expected. The context of the protection of rights in asylum procedures is discussed further in the article International protection in the EU.
Eurodac 2.0 - control of foreigners' mobility and impact on legalization of stay
Reformed Eurodac ceases to be solely a database of asylum applicants. From 2026, the system covers broader categories of foreigners:
- persons residing illegally
- persons after unauthorised border crossing
- persons rescued at sea
Authorities will make wider use of biometric data. As a result, the traceability of individuals across the Union will increase.
In addition, new solutions make it possible to use face image data as a complementary solution. This is particularly the case when dactyloscopic data prove insufficient for comparison.
This has important implications not only in asylum procedures. It also affects proceedings concerning residence permits and legalisation of work of foreigners. This will make it easier for authorities to reconstruct and verify the residency history between countries.
EU asylum procedure 2026 - shorter timeframes and more cases
The new asylum regulation reinforces the importance of border procedures:
- as a general rule, the procedure takes a maximum of 12 weeks
- in certain cases, to 16 weeks, assuming continuity with the return procedure
Authorities will apply this procedure more frequently to foreigners from countries with a low rate of positive decisions in the EU.
For foreigners This means faster settlements. However, it also entails a greater risk of a negative outcome in the absence of adequate evidentiary preparation.
For attorneys - the need to work intensively at an early stage of the case. In addition, it requires strict adherence to short procedural deadlines.
The AMMR and the solidarity mechanism - how it will affect the employment of foreigners in the EU
The AMMR introduces operational solidarity mechanism between EU countries. Member States must participate in the solidarity pool by:
- relocations
- financial contributions
- operational support
In practice, this reduces the relevance of the previous „Dublin logic”. As a result, the determination of states' responsibility for processing applications will become more streamlined and predictable.
From the point of view of companies employing foreigners, the system is intended to counter secondary movements. Therefore, it can affect the real availability of workers in individual countries and the dynamics of migration flows.
Foreign employment and the asylum regime - access to the labour market in 2026.
In 2026, the „bridge” between the asylum regime and the labour market becomes particularly important. At issue are rules on access to employment for applicants for international protection.
In practice, employers must establish very precisely foreigner status:
- stage of proceedings
- residence permits held
- possible employment restrictions
Access to work under this regime is not automatic. It depends on the procedural status of the applicant and the conditions of national implementation. Consequently, erroneous organisational assumptions may result in liability of the employer for illegal assignment of work.
Legalisation of residence and work of foreigners in Poland - changes 2025/2026
Poland enters 2026 after significant changes in national law. The legislator has introduced:
- the electronicisation of proceedings
- new grounds for refusal
- increased control of the legality of employment of foreigners
As a result, processes become more formalised. Authorities have less tolerance for deficiencies and inconsistencies. This is particularly the case when data in administrative systems do not match employer documents.
The impact of these changes - including in the context of EU Blue Card - is discussed in detail in the article EU Blue Card 2025 and changes to the legalisation of foreigners' residence in Poland.
In 2026, it is not only the submission of the application that becomes crucial. It is equally important to get the company's documentation in order: roles, positions, salaries and the compatibility of these elements with the basis for legalisation.
Employment of foreign nationals 2026 - compliance checklist for employers
From the perspective of entrepreneurs employing foreign nationals, the greatest risks arise from inconsistencies between documents and actual practice.
It is therefore worth implementing a simple internal checklist:
- verification of the foreigner's residence permit
- conformity of the type of work and place of performance with the legal documents
- consistency of personal data and employment history (also within groups)
- change control during employment
- proper filing of documents
In law firm practice, it is the „dynamic” situations that generate the most problems. It is about changes in working conditions during the course of employment, not the moment of commencement itself.
Posting of foreign nationals for work versus business travel - key differences
In 2026, the importance of correctly qualifying the mobility of workers in the EU is growing. The distinction between posting and business travel is crucial for the legality of residence and work of a foreigner. This is particularly important with the increasing exchange of data between countries.
The consequences of misclassification are discussed in the article Posting for work and business travel.
Ukrainian nationals in Poland - legalisation of residence and work until 4 March 2026
Of particular importance is the situation of Ukrainian nationals. The legal stay of many of them has been extended to 4 March 2026.
At the same time, the legislator has introduced solutions to stabilise the situation for longer. First and foremost, this concerns the possibility of obtaining a residence card valid for 3 years for persons with a UKR PESEL (CUKR).
For employers This means that further residence titles need to be planned in advance. This will avoid interruptions in the legality of employment.
For foreigners - action must be taken well in advance.
Legalisation of work for foreign nationals 2026 - summary of key changes
2026 will be the first real test of the EU's new migration model. It will also test the reformed national procedures for legalisation of work of foreigners 2026. The system is becoming more formalised, based on data and hard deadlines.
For foreigners Timeliness and consistency of data will be key.
For employers - structured HR procedures and conscious management of migration risks.
Do you need support in legalising the work of foreigners?
Want to see how the changes will affect your situation or your business? Contact BKT Law Firm.
We advise foreigners and employers comprehensively - from residence strategies to representation in administrative and judicial proceedings.
