by Anna JanoszKBZ HR NEWS | Changes to the process for applying for residence permits – preparations for the launch of MOS 2.0. 10 key points
A new version of the MOS portal, or Case Management Module, used for submitting applications for residence permits in Poland, is due to be launched shortly. This change will be of significant importance for both foreign nationals and employers, universities and other entities involved in the procedure. The new system is designed to enable the fully electronic submission of applications for temporary residence permits, permanent residence permits and EU long-term resident permits.
Below are the 10 most important facts about MOS 2.0.
1.Applications exclusively online
The most significant change will be that, once the new portal is launched, applications covered by the MOS system will only be accepted in electronic form.
In practice, this means that any paper application received by the provincial office after the new system goes live will not be processed. For this reason, those who still wish to use the existing paper application route should plan how to submit their application well in advance. In practice, the safer option will be to submit the application directly at the office’s reception desk, rather than by post, to ensure that the document reaches the office before the launch of MOS 2.0. Simply posting the application before that date will not be sufficient.
2.A personal visit will still be necessary
The very idea of the new system boils down to the full digitisation of the application submission stage. A foreign national will have to log in to the portal, complete the form, attach the required documents in digital form and sign the whole thing electronically. This does not, however, mean that the entire procedure will be conducted without the personal involvement of the applicant. It will still be necessary to appear in person when summoned by the provincial governor, in particular to present original documents, provide fingerprints and a specimen signature.
3.Electronic signature or trusted profile required
One of the key new features is also the need to have the appropriate tools for electronic identification. Accounts on the new MOS portal will primarily be available to adult foreign nationals, and in the case of minors, also to their parents, guardians or curators. A trusted profile or a qualified electronic signature will be required to use the system. It is important to note that every foreign national will have to have their own account – applications cannot be submitted from a representative’s account.
4.Deletion of existing MOS accounts
It is also worth noting that the new MOS portal will not be a continuation of the existing user account. Users of the current version of the system will not have their data or accounts automatically transferred. The existing portal is to be deactivated, and user accounts deleted.
5.Requirement to submit the application personally via the online portal
Foreign nationals must log in to the portal themselves and submit an application from their own account. A representative will not be able to create an account on behalf of the client or use their login details. Of course, legal or organisational assistance in preparing the application will still be available, but formal actions within the system will have to be carried out in accordance with security rules and using the user’s individual access. In practice, this means that handling residence matters may require greater involvement from the foreign national themselves than before.
6.Electronic attachments
Changes are also significant in cases where the application requires additional documents signed by other parties, in particular by an employer or a university. In the new system, the relevant attachments are to be signed electronically. From a practical perspective, this means that the successful submission of an application will depend not only on the foreign national’s readiness, but also on the efficient cooperation of other parties involved in the process. In many cases, this may prolong the preparation of documentation, especially if the employer or another party is not ready to sign the required attachments electronically without delay. This is one of the most significant organisational changes, which may have a real impact on meeting the deadline for submitting the application.
7.Certificate of application submission instead of a stamp
After submitting the application, the user will be able to download an official confirmation of receipt, and following verification by the authorities, also a certificate of application submission, which is intended to replace the current stamp in the passport.
Failure to provide fingerprints will no longer constitute a formal deficiency in the application.
8.Some types of applications will still be submitted on paper
It should also be emphasised that MOS 2.0 will not become a universal channel for handling all residence matters. Certain types of applications will still be submitted in paper form, under the existing rules. This means that once the new system comes into force, it will still be necessary to determine on a case-by-case basis whether a particular category of application is already subject to the mandatory electronic route or remains outside the system.
9.Date of entry into force of MOS 2.0
Another important practical issue is the timing of the new system’s entry into force. According to announcements, the exact launch date of the portal is to be announced in a communication from the Minister of the Interior and Administration at least 14 days in advance. On the one hand, this allows some time to react, but on the other, it means that the transition period will be very short. This is of particular importance for individuals whose legal stay is due to expire shortly, as well as for companies employing foreign nationals. If the end date of legal stay falls in the period immediately preceding the implementation of the new system or shortly after its launch, delaying the submission of an application may entail unnecessary risk.
It is worth noting that in a statement dated 1 April 2026, the Office for Foreigners announced that work on the new MOS portal had entered its final phase, with testing due to conclude next week (6–10 April 2026), which may indicate that the system is due to be launched shortly.
10.Risks associated with the system
Technical issues are also significant. Although the aim of MOS 2.0 is to simplify access to the procedure and enable applications to be submitted from anywhere, any full digitalisation carries with it the risk of organisational problems, system overloads or difficulties for users. From the point of view of legal certainty, it is not advisable to plan to submit an application on the last day of legal residence. In residence matters, the margin for error should be as small as possible. This applies particularly to situations where an electronic signature will be required, as in such cases the time needed for technical preparation may be longer than before.
In summary, MOS 2.0 represents a significant change to the entire organisation of residence application submissions. The new system moves the point of application submission into the digital space, requires prior preparation of authentication tools and electronic signatures, increases the importance of efficient cooperation with the employer or other entity signing the attachments, and necessitates greater caution when planning deadlines. For many foreign nationals and employers, the most sensible approach may be to analyse in advance which cases should be initiated before the new system goes live. This applies particularly to cases where the period of legal residence is due to expire shortly, or where submitting an application will require additional organisational coordination.
Should you require assistance, we are at your disposal to help analyse which applications are worth preparing and submitting before the new system is launched, as well as to ensure you are properly prepared for its implementation.
senior counsel | advocate
senior counsel | attorney-at-law
associate | lawyer
by Dominika DudekEmployer of Record – the structure of the model and the legal risks involved
The ongoing globalization of business activities and the growing prevalence of remote work have led companies to increasingly engage specialists in jurisdictions where they do not maintain their own corporate presence. This trend is particularly visible in sectors relying on highly specialized work, such as the IT industry and the technology services sector, in which employees are able to perform their duties remotely for foreign entities.
In such circumstances, there arises a need to identify a solution that allows for the lawful employment of workers in compliance with the regulations applicable in a given jurisdiction, without the necessity of establishing a local subsidiary or branch. One of the models used in practice for this purpose is the structure commonly referred to as Employer of Record (EOR).
An Employer of Record is an entity that formally employs a worker in a given jurisdiction and acts as the worker’s employer in the legal sense, while the employee performs work in practice for another entity – the EOR’s client.
The Employer of Record model typically involves three parties:
- Employee – performs work in a given jurisdiction.
- EOR Client – the entity for whose benefit the employee performs work.
- Employer of Record – the entity that formally employs the employee in the relevant jurisdiction and acts as the legal employer, while the employee performs work for another entity, i.e., the EOR client.
Why businesses use the EOR model
The EOR model is primarily used by international companies seeking to employ workers in a given country without establishing their own subsidiary or branch there.
The most common reasons for using this solution include:
- No need to establish a local legal structure (such as a subsidiary or branch).
- Ensuring compliance with local regulations – the EOR is responsible for ensuring that employment arrangements comply with local labour law, tax regulations, and the applicable social security system.
- Rapid market entry – the EOR model allows companies to employ workers quickly, without having to complete lengthy corporate registration procedures. It is often used when testing new markets.
- Reduction of administrative costs – payroll administration, employee documentation, tax settlements, and relocation processes may be handled by the EOR.
- HR support – the EOR may assume certain HR functions, such as preparing employment contracts, administering remuneration, and managing employee benefits.
- Local and compliant employment for workers – employees are formally employed under the labour laws of the relevant jurisdiction.
Legal risks associated with the EOR model
Despite its practical advantages, the Employer of Record model may give rise to a number of legal risks that should be assessed on a case-by-case basis, taking into account the specific structure of cooperation and the applicable legal framework.
- Lack of explicit legal regulation
Under Polish law, the Employer of Record model is not expressly regulated. In practice, it operates through legal structures that may resemble employee outsourcing or temporary agency work.
As a consequence, the legality and safety of a particular arrangement do not depend solely on the wording of contractual documentation, but primarily on the manner in which the relationship is performed in practice.
- Risk of the EOR client being considered the actual employer
One of the primary risks is the possibility that the entity benefiting from the employee’s work – rather than the EOR – may be considered the employer for the purposes of labour law.
This risk increases in situations where the EOR client independently organizes the employee’s work, issues binding instructions, supervises the performance of duties, and exercises day-to-day control over the employee.
In such circumstances, regulatory authorities or courts may conclude that the client is in fact acting as the employer. In practice, the issue of employee subordination is one of the key elements analyzed when assessing structures of this type.
- Tax and social security risks
The use of the Employer of Record model may also give rise to uncertainties concerning the proper determination of the place of taxation of the employee’s income, the identity of the withholding agent, and the correct settlement of social security contributions.
Furthermore, where the entity benefiting from the employee’s work is a foreign company, there may be a risk that its activities give rise to a permanent establishment in the relevant jurisdiction.
The assessment of these issues typically requires an analysis not only of domestic legislation but also of applicable double taxation treaties and social security coordination rules.
- Risks related to the scope of EOR rights and obligations
It should also be noted that an Employer of Record assumes not only a significant portion of administrative obligations related to employment but also certain rights and privileges arising from its status as the formal employer.
This may be particularly relevant in the context of employee-created works and the acquisition of intellectual property rights in the results of an employee’s work. In the absence of appropriate contractual provisions, doubts may arise as to whether such rights are acquired by the EOR client or by the EOR itself.
- Risk of being treated as temporary agency work
In certain circumstances, the Employer of Record model may be considered similar to temporary agency work.
This may occur in particular where the formal employer merely “provides” personnel while the entity benefiting from the employee’s work effectively directs and supervises the employee’s activities. In such cases, there is a risk that the arrangement may be considered as operating in breach of the regulations governing temporary agency work, including the requirement to obtain the appropriate registration as a temporary work agency.
Employer of Record in judicial practice – emerging disputes
Although Polish case law has not yet developed a consistent line of decisions directly addressing the Employer of Record model, disputes involving structures of this type are beginning to appear in practice.
An example is the judgment of the Voivodeship Administrative Court in Gdańsk of 10 December 2025 (I SA/Gd 674/25). While the case did not directly concern the legality of the EOR model, it illustrates how disputes may arise in situations where the formal employer is separated from the entity that actually manages and directs the employee’s work.
In that case, the applicant attempted to demonstrate that the relationship with the foreign entity benefiting from the employee’s work in fact bore the characteristics of an employment relationship, whereas the EOR acted merely as the formal employer. The case therefore demonstrates that separating the formal employer from the entity that exercises actual managerial authority may lead to disputes not only under labour law, but also in the field of tax law.
Summary
The Employer of Record model may constitute a practical solution for businesses seeking to employ workers in foreign jurisdictions without establishing a local corporate presence. In many cases, it enables companies to enter new markets quickly while ensuring compliance with local labour law, tax regulations, and social security systems.
At the same time, practical experience shows that the key factor is the proper structuring of the relationship between the EOR provider and the entity benefiting from the employee’s work. In many instances, it is the practical organization of the arrangement – rather than the model itself – that determines whether the solution will be legally secure from the perspective of labour law, taxation, and social security regulations.
If you are considering implementing an Employer of Record model in your organization, evaluating alternative workforce structures, or reviewing the compliance of existing arrangements, it may be advisable to conduct a prior legal assessment of the proposed structure.
We invite you to contact our Employment Law team, who will be pleased to assist with assessing potential solutions and designing a workforce model tailored to the specific needs of your business.
attorney-at-law | senior counsel
attorney-at-law | senior counsel
by KBZ LegalAmendment to the Act on the National Labour Inspectorate – commentary by Attorney-at-law Dr Aneta Żuradzka in Polsat News
12 March 2026 in Polsat News, Aneta Żuradzka, PhD, commented on the amendment to the Act on the National Labour Inspectorate adopted by the Polish Parliament and its implications for businesses.
“From a business perspective, it is important that the final version of the amendment softens the most controversial solutions from earlier drafts,” says Dr Aneta Żuradzka. “Among others, the automatic immediate enforceability of labour inspector decisions and the possibility for inspectors to recognise an employment relationship with retroactive effect have been removed. However, the new regulations may in practice lead to an increase in disputes, particularly in the context of B2B relationships.”
The amendment also significantly increases sanctions for offences against employee rights:
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the maximum fine increases from PLN 30,000 to PLN 60,000,
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in some cases even from PLN 45,000 to PLN 90,000,
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the maximum fines imposed by labour inspectors have also been increased – from PLN 2,000 to PLN 5,000, and up to PLN 10,000 in case of repeated offences.
We are aware that the new regulations raise concerns among businesses. In particular, there is a perceived risk of excessive administrative discretion in matters that have so far been primarily assessed by labour courts in practice.
Listen to the full commentary:
https://lnkd.in/dvbcbjE3
If you have any questions regarding the impact of the new regulations on your employment structures, please feel free to contact Dr Aneta Żuradzka, Head of the Employment & GDPR practice at KBZ Law & Tax.