The problem with Ukrainian workers sent by Polish companies to Germany has gone beyond regular border checks, as the European Commission has begun to consider Germany’s requirement for an additional Vander Elst visa as a possible violation of EU rules. At the heart of the situation are Ukrainian citizens who legally reside and work in Poland, have formal documents, pay taxes through their employer, but who may face detention, return to the Polish border and a re-entry ban during short-term work in Germany.
What caused the conflict
Germany requires non-EU citizens, including Ukrainians, to obtain a separate Vander Elst visa when they are sent to Germany by a company from another EU country. In practice, this means that a Ukrainian who works legally in Poland and has a Polish residence permit cannot always travel to Germany to perform work on behalf of a Polish employer without an additional German document.
This approach has become problematic for businesses and workers, as Polish companies often perform contracts in Germany in the fields of construction, logistics, installation work, industrial maintenance and other services. If the employee has a legal status in Poland, the employer expects that a short-term business trip within the EU will not turn into a complicated migration procedure, but German practice creates an additional barrier.
Why did the European Commission intervene
The European Commission believes that Germany’s requirement may restrict the freedom to provide services within the European Union. The essence of the claim is that a company from Poland or another EU country has the right to provide services in Germany using its own legally employed workers, even if these workers are third-country nationals.
In January 2026, the European Commission sent Germany a letter of formal notice as part of the infringement procedure. Berlin was given two months to provide explanations. If the German side does not change its approach or does not prove the legality of its rules, the case may move to the next stage and reach the Court of Justice of the European Union.
What happens to Ukrainian workers
The most worrying cases are when Ukrainians with Polish documents are stopped by the German federal police while working or on their way to the place of performance of the contract. The workers may have a residence permit in Poland, an employment contract, documents from the employer and confirmation of the business trip, but the lack of a Vander Elst visa becomes a basis for claims by the German authorities.
According to reports, some of these people were taken to the Polish border, and in some cases a ban on re-entry to Germany or the entire Schengen area was applied. For the worker, this means the risk of loss of income, problems with the employer, a spoiled migration history and serious difficulties with further trips to the EU.
Why Polish documents do not always protect in Germany
A Polish residence permit confirms the right of a Ukrainian to legally reside and work in Poland, but Germany separately regulates the access of foreigners to work on its territory. This creates a contradiction between the logic of the EU single market and German migration practice.
For the employee, the situation looks particularly confusing, because he does not go to Germany to look for work on his own. He is sent by a Polish company that has already formalized an employment relationship. However, German authorities consider performing work on the territory of Germany as a circumstance that requires a separate permit if the person is not an EU citizen.
What is the risk for Ukrainians
The most dangerous consequence is not the return to Poland itself, but a possible entry in migration databases and a ban on entry. For Ukrainians who are building a life in Europe after the start of a full-scale war, such a ban may affect work, family circumstances, further legalization and the ability to move freely within the Schengen zone.
A separate problem is the behavior of employers who can send people to Germany without adequately explaining all the risks. The employee often relies on documents issued by the company and does not always understand that a Polish residence permit and employment contract do not guarantee the absence of claims from the German police.
What does the Vander Elst visa mean?
The Vander Elst visa is associated with the practice of seconding workers from third countries within the EU. Its name comes from a court case that concerned the right of a company from one EU country to provide services in another country, using workers who do not have EU citizenship but are legally working in the employer’s country.
In many cases, such a visa is considered a technical document for a short-term secondment. However, it can be a serious obstacle for workers and companies if it needs to be processed in advance through the consulate, wait for an appointment and approval, and the contract in Germany must be executed quickly.
What may change after the European Commission’s actions
If the European Commission insists on its position, Germany will have to reconsider its approach to third-country workers who are legally posted by companies from other EU countries. For Ukrainians with Polish documents, this could reduce the risk of detention and simplify short-term work trips to Germany.
Until a decision is made, Ukrainian workers should check their documents especially carefully before leaving. It is important to have not only a Polish residence permit and employment contract, but also clear confirmation of the business trip, information about German requirements and written explanations from the employer regarding the Vander Elst visa. If in doubt, it is safer to find out before the trip, because the consequences of a check in Germany can be much more serious than a delay in departure.
