The employment of a foreign national and matters related to residence permits are two separate areas of responsibility. An employer or other payer has obligations regarding social security registration if the relevant contract serves as the basis for such registration. In turn, the foreign national is responsible for filing a residence permit application and demonstrating the required proof of coverage for medical expenses. A private KLC policy may be a required document; however, the regulations do not impose an obligation on every employer to purchase such a policy for every foreign national they employ. It is essential to first determine the type of contract, the basis for coverage, and the purpose of the document. Only after these determinations have been made can it be assessed whether the coverage provided through employment will be sufficient or whether it is necessary to provide separate confirmation from the insurer.
Who is responsible for insuring a foreign national?
The question „the employer or the foreign national?” is too general, because it concerns two separate obligations. The first stems from employment and social security regulations, while the second relates to the procedure for obtaining a temporary residence and work permit.
With respect to an employee The employer is the entity responsible for paying contributions. If an employee or contractor is subject to mandatory insurance, the payer is responsible for filing the report. As a general rule, the payer has 7 days from the date the insurance obligation arises. However, this does not mean that the mere fact of legally performing work confirms that all formalities have been completed.
A distinction must be made between the establishment of the right to insurance and the actual filing of a claim. The title to the insurance policy does not in itself constitute proof of a valid filing. Therefore, a foreign national should obtain confirmation that the payer has fulfilled their obligations, especially when the document is to be used in residence proceedings.
One should not draw the general conclusion from these rules that the employer always purchases a private KLC policy. The provisions outlined in the documentation distinguish between the payer’s reporting obligation and the obligation to demonstrate financial security in a residence permit case. The guide explains this distinction in more detail The Foreigners Act and Health Insurance.
The Importance of the Type of Contract
The type of contract determines whether the work qualifies for mandatory health insurance. The Act covers employees as well as individuals performing work under a contract of mandate or an equivalent service contract, provided they meet the criteria for social insurance coverage.
Employment Contract
In the context of an employment relationship An employment contract constitutes a standard basis for insurance coverage, and the employer acts as the withholding agent. The employer is responsible for filing the required report when the obligation arises. From the foreign national’s perspective, it is important not only to sign the contract but also to verify that the report has been filed.
Example: A foreign national begins employment under an employment contract, which serves as the basis for his or her residence application. The employer is responsible for the employer’s obligations, while the foreign national is still required to file his or her own application and submit the required documents.
Contract for Services
A person performing work under a contract of mandate may also be subject to mandatory insurance if they meet the statutory requirements. Determining the insurance obligation in the case of a contract of mandate requires an analysis of the specific type of insurance coverage, rather than the name of the document itself. A detailed discussion of this situation can be found in the article Contract for Services and Health Insurance for Foreigners.
Example: A contractor submits documents regarding their residence and employment. They should determine whether their contract requires mandatory insurance, who is responsible for paying the premiums, and whether the necessary registration has been completed. They should not assume that simply starting work resolves any of these issues.
Before submitting your documents:
- Determine whether the contract requires insurance.
- Confirm who the payer is.
- Check to see if the report has been filed.
Contract for Specific Work
In the case of a contract for specific work, one cannot automatically assume that a KLC policy must be purchased in every situation. In the procedure for changing a temporary residence and work permit, the office specifies that a person working under a contract for specific work should present a current document confirming that they have health insurance.
This is an important practical tip, but A contract for specific work must be evaluated in the context of a specific residency procedure. The requirement should not be extended from a single procedure to every type of stay and every employment situation.
Insurance for Residence Permits
With a temporary residence and work permit, a foreign national must have health insurance or a confirmation from an insurer that medical expenses in Poland will be covered. This requirement may be met through employment-based insurance, if that particular job is the basis for applying for a permit.
This means that a private insurance policy is not automatically the only way to meet the requirement. First, you should check whether your employment provides the appropriate coverage and whether the necessary paperwork has been completed. If coverage does not stem from employment, you must verify what type of confirmation is required by the specific procedure: health insurance or confirmation that the insurer will cover medical expenses. A KLC policy can serve as such confirmation only if it complies with that procedure and its own General Terms and Conditions.
A foreign national files an application for a temporary residence permit on his or her own behalf. He should do this no later than on the last day of legal stay in Poland. The employer may prepare the employment documents and fulfill the obligations of a payroll agent, but this does not relieve the foreign national of the responsibility to file the application on time.
In practice, before submitting your documents, it’s a good idea to compile three pieces of information: the basis for the work, the status of the application, and the list of documents required for the specific procedure. Not every instance of a missing insurance document means the employer is required to purchase a policy. However, it may mean that the foreign national must supplement their documentation with the appropriate confirmation.
When a KLC policy is useful
KLC is a private health insurance policy for foreigners. It can confirm coverage of medical expenses within Poland when such a document is required for a residence permit application. You can find a more detailed explanation in the guide on this topic, What is KLC insurance for a foreign national?.
Always check the policy documents to verify the scope of coverage. Compensa’s 2026 policy provision states that coverage includes medically necessary costs of treatment for an illness or the consequences of an accident that the insured must undergo immediately while staying in Poland. This is an example of coverage related to sudden illness, accident, and necessary medical treatment, rather than proof that all KLC products work the same way.
Liability limits are equally important. Uniqa’s 2020 General Terms and Conditions of Insurance state that the sum insured and sublimits constitute the upper limit of liability per insured person, and each payment reduces the available limit. The policy limit is not an unlimited budget. Before signing the contract, you should therefore review the current version of the selected option, rather than relying on the product name.
A separate guide explains, How to Calculate the Hospital Bill Without Insurance.
How to Check the Status Step by Step
The safest order of steps is simple: first, determine the type of insurance; next, confirm the application; and finally, review the documents needed for the residency case. There is no single answer that applies to all contracts and residency statuses.
Frequently Asked Questions
Does an employer always have to purchase a KLC policy for a foreign national?
No. There is no general requirement for every foreign national to purchase private insurance. The employer fulfills the obligations of the payer when the employment relationship establishes the appropriate legal basis, while the foreign national is responsible for submitting the residence permit application and attaching the required documents.
Does "legal work" mean that the registration has already been completed?
You shouldn't assume that. The creation of a title and the filing of an application are two different matters. You must confirm your registration, especially before using employment documents in a residency case.
Is a foreign national covered by health insurance under a contract for services?
A contractor is subject to mandatory health insurance if he or she meets the eligibility requirements for social insurance. The assessment must be based on the specific circumstances. You can find detailed explanations in the guide The Foreigners Act and Health Insurance.
Does the KLC policy replace the employer's obligations?
No. The policy does not replace the payer's reporting obligation, when such an obligation arises from the employment relationship. It may, however, serve as a separate confirmation of payment for medical expenses required under a specific procedure.
What should you look for before buying a KLC?
Check whether the policy matches the purpose of your stay, what the scope of coverage is, and how the coverage amount and sublimits work. Do not apply the terms of a single product to the entire market offering.
If you need insurance for your residence permit and private coverage is appropriate for your situation, use the form on this page.
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