This announcement does not constitute any source of law. The authors showed due diligence for it to be compliant with the binding legal regulation. However, it is necessary to remember that it concerns typical frequently occurring cases, and may not fully refer to particular cases. The number and type of documents, which may be required by administrative authorities during the proceedings, may differ from the listed on a case-by-case basis. In case of any doubts, it is necessary to contact the authority competent for hearing the individual case or to independently review the legal regulations.
Temporary residence permit for the purpose of conducting economic activity
Legal grounds – Act of 12 December2013, on Foreigners – Article 142 of the Act – along with implementing acts
To whom and for what period of time it may be granted
Foreigners whose purpose of the stay is to conduct economic activity within the territory of Poland pursuant to the provisions in place for this scope.
The permit shall be also granted to foreigners, whose purpose of the stay in Poland is to act as a board member in a limited liability company or joint stock company, the shares or stocks of which are owned by the foreigner or managing the affairs of a limited partnership or a limited joint-stock partnership by a general partner or acting as a proxy.
In order to obtain the permit the entity conducting economic activity should generate specific income or create work places or have appropriate means or conduct activities enabling meeting the conditions in the future.
The aforementioned permit shall be granted if the circumstances, which constitute the basis for application for the permit, justify the foreigner’s stay within the territory of the Republic of Poland for a period longer than 3 months.
Temporary residence permit shall be granted for the period necessary for implementation of the purpose of the foreigner’s stay within the territory of Poland, exceeding 3 months up to 3 years, with the possibility to apply for the subsequent permits
Where and when to make the application
Foreigner shall make an application in person, not later than on the last day of legal stay within the territory of the Republic of Poland to the voivode competent for the place of residence of the foreigner.
When making the application the foreigner shall be obliged to provide fingerprints.
Fees related to granting the permit
Stamp duty PLN 340
Fee for issuing a residence card PLN 50
- Completed in accordance with the instruction form of the application for granting temporary residence permit;
Note:the foreigner being a board member of a company which shares or stocks are owned by the foreigner or managing the affairs of a limited partnership or a limited joint-stock partnership by a general partner or acting as a proxy shall attach the application with appendix no. 1, which is to be filled in by the entity entrusting work to the foreigner (i.e. the persons authorised to represent the partnership).
- Four validphotographs;
- Xerox copy of a valid travel document (original for inspection), in a particularly justified case, when the person has no valid travel document and it is impossible to obtain it, he/she may present other identity confirming document..
Note: Absence of any of the aforementioned documents shall result in a call upon the foreigner for supplementing thereof within the period of 7 days from service of the call under pain of leaving the application unprocessed.
Typical documents needed for processing the application
Note: Attaching the filled documents to the application before its submission may reduce the number of official correspondence and shorten the time of settling the case.
- documents certifying a source of stable and regular income to cover living expenses for themselves and any dependent family members thereof (for a person running household alone – in the amount of at least net PLN 701 per month, for a person in a family – in the amount of at least net PLN 528 per month), e.g. board member appointment act, the contract being the basis for the foreigner working as a board member, PIT tax return on the amount of income earned by the foreigner for the last tax year or ZUS statement;
- documents certifying holding a health insurance as defined by the Act of 27 August 2004 on health care services financed from public funds or confirmation of insurer’s coverage of medical treatment costs within the territory of the Republic of Poland (e.g. relevant ZUS statement, insurance policy);
- document confirming a place of residence provided (e.g. confirmation of registration, apartment rent contract, other contract enabling possession of a dwelling, or statement of a person authorised for possession of a dwelling on provision of a place of residence to the foreigner);
- permit of the body for occupying the specified position or performance of the occupation, when the obligation of obtaining thereof results from the separate provisions;
- documents concerning the conducted economic activity:
– Articles of partnership, company’s balance sheet, with a profit and loss account;
– documents confirming obtaining, in the tax year preceding making the application, income not lower than twelve average monthly remuneration in the third quarter of the year preceding making the application, e.g. CIT 8 of the partnership for the previous year, accounting documents confirming the current financial result of the partnershipor;
– documents confirming employment for an indefinite time and for full time, at least for one year preceding making the application of at least two employees being Polish citizens or foreigners, referred to in Article 87 (1)(1-9) of the Act of 20 April 2004 on employment promotion and labour market institutions (i.e. Journal of Laws of 2018, pos. 1265, as amended), e.g. payroll of the partnership employees along with personal and aggregate ZUS declarations for the last month, employment contracts or;
– documents confirming possession of financial means enabling future fulfilment of the conditions stipulated above or documents confirming conducting activities enabling future fulfilment of the conditions, in particular contributing to the growth of investments, technology transfer, implementing beneficial innovations or creation of work places, e.g.. business plan of the partnership, documents confirming the investments made for the supply and equipment used for production or services provided.
Note: In the case of a need for explaining and clarification of the evidence held by the authority in the case, during the proceedings the receiving unit may be called upon to provide additional documents or to provide testimonies confirming the conditions mentioned in the application.
Residence status after submitting the application
If the application for granting temporary residence permit was made during legal stay of the foreigner and the application was free of any formal defects or the formal defects have been corrected within the deadline, voivode shall include the travel document of the foreigner with a stamp imprint, confirming making the application. The foreigners stay is deemed legal from the day of submitting the application until the day when the decision in the case of granting temporary residence permit would become final.
Note: Including an imprint of a stamp in the foreigner’s travel document does not entitle the foreigner to travel within the territory of other Schengen States, but the foreigner may leave for the country of origin, however, in order to return to Poland it is necessary to obtain a visa if that person originates from a country subject to the visa obligation.
Case settlement period
Issuance of the decision on granting the permit shall occur not earlier than after 1 month from the day of initiation of the proceedings.
Document issued after obtaining the permit
The foreigner who has obtained the temporary residence permit within the territory of Poland is issued with a residence card. The document is issued ex-officio by the voivode who has granted this permit to the foreigner.
In its validity period the residence card confirms the identity of the foreigner during that persons stay within the territory of the Republic of Poland and, together with the travel document, provides the right for multiple crossing the border without the need to obtain a visa.
Information obligations related with obtaining the permit
Within 15 working days the foreigner who was granted temporary residence permit shall be obliged to notify the voivode who has granted the permit that the reason for granting thereof no longer applies. If the temporary residence permit was granted by the Head of the Office in the second instance, the aforementioned notification shall be addressed to the voivode, who made the decision in the case of granting the permit in the first instance. Failure to fulfil this obligation may result in refusal to grant subsequent temporary residence permit, if the application for granting the subsequent temporary residence permit was made before the end of a year before the expiry date of the previous permit.
The right for performance of work
The temporary residence permit for a foreigner who performs work as a board member in a limited liability company or joint stock company, the shares or stocks of which are owned by the foreigner, managing the affairs of a limited partnership or a limited joint-stock partnership by a general partner or acting as a proxy, at the same time, authorised to work in this capacity. The residence card issued in relation with granting the foreigner the temporary residence permit shall be annotated with “access to labour market”. Undertaking a different work shall require obtaining a work permit.
The obligation to leave Poland upon refusal, discontinuation or revocation of the permit
The foreigner is obliged to leave the territory of the Republic of Poland within 30 days following the day, when the decision on refusal to grant the temporary residence permit, the decision on discontinuing the aforementioned case or the decision on revocation of the permit has became final, in the case of issuing the decision by the higher degree authority, following the day of servicing the decision to the foreigner, unless that person is entitled to stay within the territory of Poland on another basis.