How to Hire a Driver from Outside the EU in Poland? A Guide for Transport Companies in Poland

Key Requirements for Drivers from Outside the EU

Hiring a professional driver from outside the European Union requires meeting precise legal requirements defined in Polish transport regulations. Understanding these criteria is fundamental for every employer planning to expand their workforce with employees from third countries.

Age, Driving License, and Qualifications

Transport regulations specify clear age criteria for professional drivers. According to Article 39a, paragraph 1 of the Road Transport Act, the minimum age requirements depend on the vehicle category driven:

• 18 years – for drivers of category C or C+E vehicles (with initial qualification) and C1 or C1+E (with accelerated initial qualification);
• 21 years – for category C or C+E (with accelerated initial qualification), D or D+E (with initial qualification);
• 23 years – for category D or D+E (with initial qualification).

Professional Qualification – Code 95 or Driver Qualification Card

An essential step is obtaining initial or accelerated initial qualification and completing periodic training. The document confirming these competencies is code 95 entered in the driving license or, for drivers from third countries without a Polish driving license, the Driver Qualification Card.

Code 95 and the driver qualification card (KKK) are not tied to the employer – these documents belong to the driver and remain valid regardless of employment with a particular employer.

More about code 95 can be found in our article How to obtain Code 95 for Your Driving License; a Simple Step-by-Step Guide, and about the driver qualification card in How to obtain a Driver Qualification Card in Poland?.

Exchanging a Foreign Driving License for a Polish One

A foreigner staying in Poland for more than 185 days is obliged to exchange their national driving license for a Polish document. Alternatively, they may use their national document provided their country ratified the Vienna Convention on Road Traffic.

It is important to emphasize that the foreigner exchanges the driving license on their own behalf; this process is not connected to the employer (the document remains valid regardless of employment).

Medical and Psychological Examinations

Every professional driver must have current medical examinations confirming they meet health and psychological requirements for drivers. The frequency of these examinations is as follows:

• Every 5 years – for drivers up to 60 years old;
• Every 30 months – after turning 60.

Examinations may only be performed by doctors authorized to conduct preventive medical examinations for drivers. The examination results must be confirmed by an appropriate medical certificate. Examinations conducted in other EU countries or outside the EU are not accepted.

Moreover, the medical certificate should be issued based on the employer’s referral for preliminary occupational medicine examinations (before starting work) and is linked to the employer, but under certain conditions, it can be transferred to subsequent employers.

The psychological certificate is not tied to the employer and remains valid regardless of employment.

Driver Card for Foreigners – When Is It Mandatory?

This document is required for all persons driving vehicles equipped with a digital tachograph with a permissible total weight exceeding 3.5 tons or used for transporting more than 9 persons. The driver card for the tachograph is issued by the Polish Security Printing Works for a period of 5 years, but not longer than the validity of the driving license.

It is worth emphasizing that the driver card (for the tachograph) is a driver’s document and its validity is not connected to employment with a particular employer.

More about the driver card can be found in our article: What is a Driver Card and what are its functions?

Driver Certificate

Drivers from outside the EU performing international road transport of goods must additionally have a driver certificate. This document confirms legal employment according to international transport regulations. The certificate is issued by the Chief Inspectorate of Road Transport for a maximum period of 5 years, based on an application submitted by the employer.

A necessary condition for issuing the driver certificate is holding a valid driver qualification card (issued in any EU country) and registering the employee with the Social Insurance Institution (ZUS). Moreover, the driver certificate must be issued for the same company that holds the community license (extract) under which the driver operates the vehicle.

The driver certificate is strictly linked to the employer and does not transfer to other employers. It is issued in two copies – the original for the driver and a copy for the company. After termination of cooperation with the driver, both copies must be returned to the Chief Inspectorate of Road Transport.

Having all required documents is the basis for legal employment and work performance by a driver from outside the EU on the Polish and EU transport market.

Legalization of Employment Step by Step

The process of legalizing employment of a driver from outside the European Union requires a systematic approach and knowledge of current procedures. Each stage has specific requirements that must be met according to applicable regulations.

We distinguish two basic elements – legal work and legal residence. It is necessary to ensure that during cooperation with the driver both elements are properly managed and legality is maintained.

Legal Work

To legalize the work of a driver (as well as any other employee from outside the EU), one must obtain one of the following documents:

Declaration of entrusting work – simplified procedure

For citizens of Armenia, Belarus, Georgia, Moldova, or Ukraine, a simplified procedure is available – a declaration of entrusting work to a foreigner. This solution allows employing a foreigner for up to 24 months without the need to obtain a standard work permit.

The employer submits the declaration via the praca.gov.pl portal to the district labor office competent for the company’s registered office. After paying a fee of 100 PLN, the office enters the declaration into the register within 7 working days (though in practice it may take longer).

The declaration is strictly linked to the employer and does not transfer to other employers (to hire an employee working for another employer, the entire process must be planned in advance).

The declaration is one of the documents necessary to obtain a type "D" work visa (the next step – obtaining legal residence).

Work permit type "A"

A type "A" work permit can be obtained for a citizen of any country worldwide. Popular nationalities in Poland covered by these permits include India, Pakistan, the Philippines, Uzbekistan, Kazakhstan, Turkey, Ghana, Zimbabwe, etc.

The type "A" work permit is issued for 1–3 years by the Voivodeship Office competent for the employer’s registered office. Attachments confirming the candidate’s qualifications (e.g., a copy of the driving license) must be included.

The cost of issuing the document is 100 PLN, and the office should issue the permit within 30 days (though in practice it often takes from 2 to several months).

Moreover, this document is strictly linked to the employer and does not transfer to other employers (to hire an employee working for another employer, the process must be planned well in advance).

The type "A" permit is one of the documents necessary to obtain a type "D" work visa (the next step – obtaining legal residence).

Pole's Card

The Pole’s Card is a special document that foreigners demonstrating Polish origin can obtain. Holding the Pole’s Card provides certain benefits, including the possibility to work in Poland without a separate permit issued for a specific employer.

This means the Pole’s Card legalizes the foreigner’s work but does not legalize residence (a visa or other document legalizing residence is required).

This document is not linked to the employer and remains valid regardless of employment.

Legal Residence

Next, to legalize the residence of a driver (as well as any other employee from outside the EU), one must obtain one of the following documents:

Type "D" work visa

Type "D" visa is a document authorizing legal residence in Poland and allows movement within EU countries (necessary for performing international driver work).

The type "D" visa is issued by the Consul of the Republic of Poland in the foreigner’s country of origin (or the nearest country if no appropriate consulate exists).

Moreover, it is not possible to obtain a type "D" visa on Polish territory (if the current visa expires and a new one is needed – the foreigner must return to their country and apply there). The visa is issued for up to 1 year.

The type "D" visa is not linked to the employer, but the employer has some possibilities to request its revocation; therefore, when hiring an employee working for another employer based on a current visa, the process must be planned in advance.

Visas allowing work in Poland

According to Article 60, paragraph 1, points 3–10, 12–13b, 17–21, and 23–24b of the Act of December 12, 2013, on foreigners, work in Poland is allowed, among others, in the case of visas issued for purposes such as:

• Performing work (including seasonal or based on a declaration of entrusting work to a foreigner);
• Running a business;
• Undertaking or continuing education or studies;
• Internships, professional practices, or European volunteering;
• Conducting scientific research or development work;
• Family reunification if a family member holds a residence permit authorizing work;
• Participation in cultural, training, or educational programs;
• Exercising rights resulting from the Pole’s Card.

In practice, this means that most visas issued for work, education, or professional activity purposes allow a foreigner to work legally after meeting appropriate conditions (e.g., having a work permit or declaration of entrusting work).

Visas not authorizing work in Poland

There are several visa types that do not grant the right to work, especially:

• "01" – visa issued for tourism;
• "02" – visa issued for visiting family or friends;
• "11" – visa issued for education or training other than specified in Article 60 paragraph 1 points 9 or 10 of the Act;
• "14" – visa issued for medical treatment;
• "20" – visa issued for temporary protection;
• "23" – visa issued for purposes other than those specified in Article 60 paragraph 1 points 1–24b, except when the holder of the Pole’s Card received it in connection with this document – then work is allowed.

Moreover, it is not possible to work in Poland based on a visa issued by another Schengen country. Such a visa only allows short-term stay in Poland (up to 90 days within 180 days) for tourism or transit but does not grant the right to employment.

Residence based on biometric passport or other documents

Foreigners entering Poland visa-free with a biometric passport (e.g., citizens of selected countries, including Ukraine) can work in Poland for up to 90 days in each 180-day period.

Such stay may allow short-term work but only if two conditions are met: legal residence title (e.g., visa-free stay) and a document legalizing employment in Poland – usually a declaration of entrusting work or a type "A" work permit (or other appropriate document). Stay longer than 90 days requires a national type D visa or a temporary residence permit.

Legal Work and Residence Simultaneously

There is also the possibility to legalize work and residence simultaneously:

Work permit and temporary residence permit

A convenient solution for employer and employee is a unified permit for temporary residence and work, which legalizes both the foreigner’s stay in Poland and their work.

In this case, the application is submitted by the foreigner to the voivode competent for their place of residence, and the permit is issued for a period from 3 months up to even 3 years.

Unfortunately, the time needed to complete these formalities ranges from several to over 10 months (depending on the office), so this is not the best choice for the first employment. This procedure is recommended when extending the work and residence of a currently employed worker.

Official fees amount to 440 PLN for issuing the permit and 100 PLN for issuing the card.

It is worth noting that the obtained residence card is not linked to a specific employer, but in this process, the voivode’s decision specifies the particular employer.

Making changes follows a strict procedure with very short deadlines (15 days) to inform the office about termination of the contract with the current employer or to submit an application to change the decision.

Therefore, when hiring an employee working on this basis for another employer, the entire process must be carefully planned in advance. Any errors or delays will result in the inability to legally employ the driver in your company.

Work permit and legalization of residence for drivers from Ukraine

Regardless of nationality, in the case of work permit and legalization of residence, it is recommended to obtain appropriate permits for residence and work, submit the application in advance, and in case of doubts or problems seek specialist support.

Documents Confirming Professional Qualifications

When a driver has obtained the appropriate qualification to perform the profession, they must also document this by submitting the appropriate documents, which forms the foundation of legal employment of a driver from outside the EU. Lack of appropriate documents may result in financial penalties and inability to perform international transport.

Driver Qualification Card and Code 95 for Foreigners

Employing professional drivers from outside the European Union also requires the Driver Qualification Card (KKK). Introduced in April 2022, this document is required from drivers from third countries who do not have a Polish driving license with code 95. It confirms that the driver has obtained the appropriate qualification – initial or accelerated initial qualification and completed periodic training.

To obtain the KKK, professional drivers must submit an application to the starost (district governor) competent for the driver’s place of residence. The list of required documents is precisely defined:

• Copy of medical certificate confirming no health contraindications;
• Copy of psychological certificate;
• Driver qualification certificate;
• Color photograph (35×45 mm);
• Copy of the driving license held;
• Proof of payment of 150 PLN plus 0.50 PLN registration fee.

It is worth emphasizing that the card is honored in all EU countries and third countries, making it a universal document confirming driver qualifications.

Driver Certificate – Procedure for Obtaining

Employing professional drivers from outside the EU requires a driver certificate, which confirms legal employment of the foreigner in a Polish transport company. This document is mandatory for drivers performing international road transport of goods, including those driving vehicles weighing from 2.5 to 3.5 tons.

The employer applies for the certificate to the Chief Inspectorate of Road Transport. The driver must have and provide the following documents:

• Copy of community license;
• Copy of the driver qualification card;
• Certificate of driver employment;
• Document confirming legal work of the foreigner (e.g., type "A" permit);
• Document confirming social insurance (ZUS ZUA or RCA);
• Copy of the foreign driver’s passport and driving license.

The fee depends on the validity period of the document: from 10 PLN for a period up to 1 year, up to 40 PLN for the maximum period of 5 years. The driver certificate must be issued before starting international transport.

How to Hire a Driver from Outside the EU? – Common Problems and How to Avoid Them

The most common problems when hiring drivers from outside the EU are complicated administrative procedures, the need to recognize professional qualifications, language barriers, and long waiting times for permits. In practice, difficulties also arise when completing documents – missing one attachment can significantly delay the entire process.

Administrative Barriers

A significant challenge, especially for companies not dealing with these processes daily, is complex administrative procedures. Obtaining work and residence permits requires precise preparation of every document. Missing one form or minor errors can result in refusal to issue the permit (meaning the entire procedure must start over) or require supplementing deficiencies (which significantly prolongs the process).

Additionally, employing a foreign driver involves specific financial costs. Employers cover fees for training, medical examinations, and issuing necessary documents. These expenses can significantly impact the budget, especially for smaller transport companies.

One should also not forget about the language barrier – often drivers themselves have communication problems handling official matters or participating in training or exams.

Non-Recognition of Qualifications from Third Countries

Interpreting foreign documents often causes difficulties for Polish employers. Foreigners possess various certificates and diplomas, whose precise determination requires specialist knowledge. Incorrect assessment of qualifications may lead to violations of regulations and related legal consequences.

The driving license exam for foreigners presents additional limitations. Tests are available only in four languages: Polish, English, German, and Ukrainian. Drivers speaking other languages face significant difficulties obtaining qualifications.

Assistance from Legal Offices and Transport Advisors

The complexity of procedures encourages many entrepreneurs to use professional support. Transport law offices specialize in legal services for transport companies and offer comprehensive assistance in the process of hiring drivers from outside the EU. Advisors take over tasks related to completing documentation, legalizing residence and work, and obtaining driver qualification certificates and other necessary documents.

If you need support with hiring a driver from outside the EU, we are happy to assist! Contact us, and our team will guide you through the entire process!

Penalties for Illegal Employment of Drivers from Outside the EU

Investing in professional advice may prove especially cost-effective when considering the amount of penalties for illegal employment. Financial penalties range from 1,000 to 30,000 PLN, and in the case of inspections by the Road Transport Inspection, they can reach even 50,000 PLN.

Moreover, illegal employment of foreigners may result in restrictions on further employment of foreigners, which can significantly hinder acquiring new employees. Therefore, it is worth relying on expert support to minimize the risk of costly mistakes and significantly speed up the entire hiring process.

Salary of a Driver from Outside the European Union

The salary of a driver from outside the EU cannot be lower than the applicable minimum wage in Poland and should correspond to the rates applied to Polish employees in similar positions. The employer is also obliged to ensure employment conditions consistent with the principle of equal treatment.

If the driver performs transport within another country, i.e., within an EU member state, it is necessary to apply local regulations on so-called sectoral pay (e.g., in France or Germany). This guarantees the driver from outside the EU legal and fair working conditions both in Poland and during posting to other EU countries.

Hiring a Driver from Outside the EU – Summary

To legally hire a driver from outside the EU, the employer must verify the possession of a driving license with code 95 or a driver qualification card and current medical examinations. Also necessary are the driver card (for the tachograph) and – in international transport – the driver certificate. The foreigner’s work and residence must be properly legalized. The employer must conclude a contract in a language understandable to the employee, register the employee with ZUS, and ensure remuneration not lower than the minimum wage.

If you need support in legalization of stay and employment of non-EU citizens a driver from outside the European Union, our specialists are ready to help! Contact us!