How U.S. contractors can legalize their stay in Poland

How U.S. contractors can legalize their stay in Poland: key information for foreign workers under the EDCA agreement

Poland has been strengthening its defense cooperation with the United States for years. One of the cornerstones of this partnership is the Enhanced Defense Cooperation Agreement (EDCA), a bilateral treaty that regulates the presence of U.S. military personnel, civilian employees, contractors, and their families in Poland.

If you are one of these contractors, you might wonder what steps you need to take to ensure your stay in Poland complies with local laws and avoids any administrative issues. Here’s what you need to know.

Is a "Letter of Authorization" Enough?

A Letter of Authorization (LOA) is an official document issued by the U.S. government that authorizes an individual to act on its behalf. For U.S. contractors in Poland, this document often serves as proof of authorization to live and work in the country while performing duties under a government contract.

Under Article 9 of the EDCA, individuals holding a valid LOA can enter and stay in Poland without a visa, as long as they possess a valid passport. They are also exempt from registration requirements and are not subject to immigration controls. On paper, this seems sufficient. However, real-world situations can be more complex.

Why Do Contractors Consider Applying for a Residence Permit?

Despite the privileges provided by the EDCA and LOA, many contractors choose to legalize their stay by applying for a temporary residence permit. Why?

Legal Stability – A residence permit can serve as additional security in case the terms of the international agreement or the contractor’s status change.
Access to Public Services – A residence permit simplifies access to Poland’s public healthcare system, administrative services, and opening a local bank account.
Long-term Plans – If a contractor intends to stay in Poland for several years, a residence permit may be more practical than relying solely on an annually renewed LOA.

On What Grounds Can a Temporary Residence Permit Be Issued?

Polish regulations provide several grounds for applying for a temporary residence permit:

Residence for Employment as a Delegated Worker

If a contractor is formally employed by a foreign employer (e.g., a U.S.-based company), they can apply for a temporary residence permit as a delegated worker. This requires:

A valid Letter of Authorization,
A contract with the employer,
Documentation confirming the delegation to Poland.

Other Important Circumstances

For contractors working under the EDCA, applying under the category of "other important circumstances" may be the most appropriate option. This allows the contractor to cite the international significance of their work and the unique circumstances arising from the EDCA.

Family Ties

If the contractor has a partner or spouse in Poland, they may apply for a residence permit based on family reunification.

Challenges and Practical Tips

Legalizing your stay, even with a Letter of Authorization, requires attention to detail and proper documentation. Keep in mind:

The immigration office may request additional evidence, particularly if your case is not standard.
A well-prepared application is essential. Hiring an immigration lawyer can help you avoid procedural errors and delays.
Your employer can support the process. In some cases, the employer or the U.S. side can assist by providing necessary documents.

Conclusion

Thanks to the EDCA and the Letter of Authorization, U.S. contractors have simplified procedures for staying and working in Poland. However, it may be worth considering a temporary residence permit to ensure greater stability and access to local services.

If you need assistance preparing your residence permit application or want to discuss your legal situation, our law firm specializes in these matters. Contact us, and we’ll help you navigate the legalization process smoothly and efficiently!

Migrant & Griffin – Your Trusted Immigration Law Experts