In a precedent-setting labour case reported on 19 February, the Regional Court in Bielsko-Biała acquitted an employer accused of hiring Colombian nationals without Polish work visas. The judges sided with the defence argument that, because the workers had crossed the EU’s external border in Spain—where Colombians enjoy visa-free entry for 90 days—they were not obliged to obtain a Polish national (D) visa to take up short-term employment.
Legal background. Under EU Regulation EU/2018/1806, Colombians are exempt from Schengen short-stay visas but member states may impose a visa for paid activity conducted on their territory. Poland introduced such a requirement in August 2024, but only for individuals who enter the Union directly through a Polish border post. The court held that extending the rule to those who first enter via another member state would breach the proportionality principle and undermine free movement within Schengen.
For employers and foreign professionals needing clarity on whether their planned stay falls under the visa-free regime or requires a national visa, VisaHQ offers up-to-date checklists and an easy online application pathway for all Polish work and residence categories. Their portal (https://www.visahq.com/poland/) also tracks rule changes like those at issue in this case, helping users avoid costly compliance missteps.
![Polish court: Colombians entering EU elsewhere need no Polish work visa]()
Implications for employers. The verdict—although not yet final—clarifies that companies hiring third-country nationals from visa-exempt countries can rely on the 90/180-day stay if the employee’s first port of entry is another Schengen country. Compliance officers should, however, document border stamps or travel itineraries proving the initial entry point. Longer-term contracts will still require a Polish work permit and residence title.
Policy ripple effect. The Labour Ministry is drafting a regulation to tighten market access for citizens of Colombia, Georgia and Venezuela; unions fear the ruling may limit its scope. Immigration lawyers expect a spike in similar defences for ongoing cases involving Georgian and Indian workers.
Best practice. Businesses should update onboarding checklists: verify Schengen entry stamps, calculate remaining visa-free days, and file work-permit applications before the 90-day threshold. The ruling does not change social-security or tax obligations, which apply from day one of remunerated activity.
Legal background. Under EU Regulation EU/2018/1806, Colombians are exempt from Schengen short-stay visas but member states may impose a visa for paid activity conducted on their territory. Poland introduced such a requirement in August 2024, but only for individuals who enter the Union directly through a Polish border post. The court held that extending the rule to those who first enter via another member state would breach the proportionality principle and undermine free movement within Schengen.
For employers and foreign professionals needing clarity on whether their planned stay falls under the visa-free regime or requires a national visa, VisaHQ offers up-to-date checklists and an easy online application pathway for all Polish work and residence categories. Their portal (https://www.visahq.com/poland/) also tracks rule changes like those at issue in this case, helping users avoid costly compliance missteps.
Implications for employers. The verdict—although not yet final—clarifies that companies hiring third-country nationals from visa-exempt countries can rely on the 90/180-day stay if the employee’s first port of entry is another Schengen country. Compliance officers should, however, document border stamps or travel itineraries proving the initial entry point. Longer-term contracts will still require a Polish work permit and residence title.
Policy ripple effect. The Labour Ministry is drafting a regulation to tighten market access for citizens of Colombia, Georgia and Venezuela; unions fear the ruling may limit its scope. Immigration lawyers expect a spike in similar defences for ongoing cases involving Georgian and Indian workers.
Best practice. Businesses should update onboarding checklists: verify Schengen entry stamps, calculate remaining visa-free days, and file work-permit applications before the 90-day threshold. The ruling does not change social-security or tax obligations, which apply from day one of remunerated activity.
