This information does not constitute source of law. Authors were duly diligent to make this information consistent with applicable legal regulations. It is good to remember that it concerns typical and frequent cases and may not fully refer to different matters. The number and the type of documents which may be necessary for administrative bodies throughout the procedure may vary depending on the specific case. In the case of any doubts contact competent authority for examination the individual case and become familiar with legal regulations on their own.
A temporary residence permit to conduct business activity
Legal basis – the Act of 12 December 2013 on Foreigners – Article 142 of the Act – along with executive acts
To whom and for how long may be granted
Foreigners, the purpose of whose stay is conducting business activity on the territory of Poland on the basis of provisions binding in this respect.
The permit is granted also to foreigners, the purpose of whose stay in Poland is performance of the function in the Management Board of a limited liability company (sp. z o.o. or a joint stock company (S.A.), whose stocks or shares are owned by the foreigner or running the affairs of a limited partnership or joint-stock limited company by a general partner, or acting as a commercial proxy.
In order to obtain this permit the entity conducting business activities should generate specified income or create workplaces or have appropriate means or conduct actions enabling fulfilment of these conditions in the future.
Temporary residence permits shall be granted if circumstances which are the basis to apply for this permit justify the residence on the territory of the Republic of Poland for a longer period than 3 months.
Temporary residence permit is granted for a period which is necessary to complete the object of this residence on the territory of Poland longer than 3 months to 3 years, with the possibility to apply for subsequent permits.
Where and when submit the application
The foreigner makes the application personally, no later than on the last day of the lawful residence on the territory of the Republic of Poland to the voivode competent with regard to the foreigner’s place of residence.
During making the application the foreigner is under obligation to give his/her fingerprints.
Fees related to residence permit:
Stamp duty PLN 340
Fee for residence card PLN 50
- Completed form of the application for temporary residence permit, in accordance with information;
Note: The foreigner, who owns the shares or stocks of a limited liability or joint stock company and who performs a paid activity by acting as a member of the management board of that company or running the affairs of a limited partnership or joint-stock limited company by a general partner, or acting as a commercial proxy shall attach to the application annex No 1. The annex shall be filled in by an entity entrusting performance of a paid activity to the foreigner (by a person entitled to represent the limited liability or joint stock company).
- 4 up-to-date photographs;
- Photocopy of a valid travel document (original available for inspection), in particularly justified case if the foreigner does not have a valid travel document and it is not possible to obtain such document, may present another document which confirms his/her identity.
Note: Lack of any of the aforementioned documents will result in margin call within 7 days from its delivery, under pain of leaving the application without examination.
Standard documents necessary for examination of the application:
Note: Documents listed below attached to the application may reduce the quantity of official correspondence and shorten the time which is necessary to handle the case.
- Documents in order to certify a stable and source regular of income sufficient to cover the subsistence costs for oneself and dependent family members (for a person managing alone – at least PLN 634 net monthly, for a person in the family – at least PLN 514 net monthly) – e.g. act of appointment to be a member of the Management Board, contract on the basis of which the foreigner performs the work as a board member, PIT declaration concerning the amount of income earned by a foreigner for the last tax year or appropriate certificate from the Social Insurance Institution (ZUS);
- Documents confirming having health insurance as defined by the provisions of the Act of 27 August 2004 on health care services financed from the public funds or the insurer confirming covering the costs of medical treatment on the territory of the Republic of Poland (e.g. appropriate certificate from the Social Insurance Institution (ZUS), insurance policy);
- Document confirming having a provided place of residence (e.g. certificate of residence, lease contract of a flat, other contract that enables disposing of residential premises or a statement of a person authorised to dispose of residential premises on ensuring the place of residence for a foreigner);
- Consent of a competent authority to hold a specified position or perform a profession, when the obligation to have it results from the separate provisions;
- Documents concerning run business activity:
– deed of a company/ Articles of Association, balance sheet of the company along with the current income statement;
– documents proving earning in the tax year preceding submission of the application, income not lower than twelvefold the average monthly pay in the third quarter of the year preceding submission of the application, e.g. CIT 8 of the company for the previous year, accounting documents confirming the current financial performance of the company; or
– documents proving employment for indefinite time and full time at least for a year before the period of submission of the application of at least two employees being Polish citizens or foreigners referred to in Article 87, passage 1, item 1-9 of the Act of 20 April 2004 on Promotion of Employment and Labour Market Institutions (i.e. Journal of Laws of 2013 item 674), e.g. pay list of the company employees along with Social Insurance Institution (ZUS) statements collective and individual for the last month, contract of employment; or
– documents confirming having means enabling meeting in the future the conditions specified above or documents proving running activities enabling in the future to meet these conditions, in particular contributing to increase in investment, technology transfer, introduction of favourable innovation or creating jobs, e.g. business plan of the company, documents confirming the made investment in supply and equipment used in the production or provided services.
Note: In the case of explanations or particularization of evidences during the administrative proceedings the foreigner may be called to deliver other documents or to submit testimonies which confirm circumstances referred to in the application
Residential status following the application
If the application for temporary residence permit was made during the foreigner’s lawful residence and this application did not contain formal defects or these defects were supplemented within the time limit, the voivode stamps the travel document which confirms registration of the application. Residence of the foreigner is deemed to be legal from the date of submission the application until the date when the decision on temporary residence permit becomes final.
Note: Stamp in the travel document does not entitle the foreigner to travel through territories of other countries of Schengen area, while the foreigner may travel to the country of origin, however, in order to return to Poland he/she must obtain a visa, if he/she comes from the country which is subject to the visa obligation.
Time to handle the case
The residence permit decision takes place no earlier than after 1 month prior to initiation of the procedure.
The document issued after granting this permit
The foreigner who obtains temporary residence permit on the territory of Poland will be issued with the residence card. This document is issued ex officio by the voivode who granted the residence permit.
Residence card in the period of its validity confirms the foreigner’s identity during his/her residence on the territory of the Republic of Poland and entitles him/her, along with the travel document, to multiple crossing of the border without the need to obtain the visa.
Information obligations related to the residence permit
The foreigner who gets temporary residence permit, has an obligation to notify the voivode who granted this residence permit within 15 working days, on cessation of the reason for granting this permit. If the temporary residence permit was granted by the Head of the Office for Foreigners in the second instance, the notification is addressed to the voivode, who ruled on the granting of this permit in the first instance. Failure to fulfil this obligation may result in refusal to grant another temporary residence permit, if the application for another temporary residence permit was made before the end of the year from the end of the validity period of the previous permit.
Entitlement to work
A temporary stay permit for a foreigner who performs work through performance of a function in the Management Board of a limited liability company (sp. z o.o.) or a joint stock company (S.A.), whose stocks or shares are owned by the foreigner or running the affairs of a limited partnership or joint-stock limited company by a general partner, or acting as a commercial proxy entitle them at the same time to perform work in this capacity. The residence card, issued in connection with temporary residence permit, includes a note “access to the labour market”. Performing an alternative work requires obtaining a work permit.
Obligation to leave Poland after refusal or withdrawal of the permit
The foreigner is obliged to leave the territory of the Republic of Poland within 30 days from the day when the decision on refusal to grant the temporary residence permit or the decision to withdraw the permit became final and in the case the decision was issued by a superior body, from the day when the final decision was delivered to the foreigner, unless he/she is authorized to reside on the territory of Poland on a different basis.