Short-term mobility under intra-corporate transfer

Short-term mobility of a manager, specialist or trainee employee in the framework of an intra-corporate transfer

Holders of the residence permit referred to in Article 1(2)(a) of the Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ EU L 157 of 15.06.2002, p. 1, as amended), with the annotation “ICT,” issued by another European Union Member State applying Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (OJ EU L 157 of 27.05.2014, p. 1) (this does not apply to residence permits issued by Great Britain, Ireland and Denmark), including a state which does not belong to the Schengen Area, can benefit from the mobility on the territory of the Republic of Poland for a period not exceeding validity of this residence permit, which means the right to enter, stay and work in this territory as a manager, specialist or trainee employee in the host entity established in Poland, belonging to the parent employer or to the same group of companies, in the framework of an intra-corporate transfer, including short-term mobility for up to 90 days in any period of 180 days on the territory of Poland, regardless of the possibility of benefiting from this mobility in other EU Member States applying Directive 2014/66/EU, under certain conditions.

The condition for a foreign national to benefit from the short-term mobility on the territory of Poland is that the Head of the Office for Foreigners:

  • receives a notice of intention of the foreign national to benefit from this mobility from the host entity established in another European Union Member State which issued the residence permit referred to in Article 1(2)(a) of Regulation No 1030/2002 (equivalent of the Polish residence card) with the annotation “ICT” to the foreign national,
  •  does not issue a decision on objection within 20 days.

The notice should be made in Polish, submitted in a written form, in paper form or in an electronic form sent to the electronic mailbox of the Head of the Office for Foreigners and include data and information on the foreign national who intends to  benefit from the short-term mobility:

1) first name(s) and last name;

2) date and place of birth;

3) sex;

4) citizenship;

5) the post on which the foreign national will perform work;

6) planned period or periods of work on the territory of Poland;

7) name of the European Union Member State which issued the residence permit referred to in Article 1(2)(a) of Regulation No 1030/2002 (equivalent of the Polish residence card) with the annotation “ICT” to the foreign national;

8) validity of the residence permit referred to in Article 1(2)(a) of Regulation No 1030/2002 with the annotation “ICT;”

9) name and address of the host entity established in Poland and the parent employer of the foreign national;

10) name, surname, official position and signature of the person or persons authorised to represent the host entity established in the territory of the Republic of Poland.

The notice should be accompanied by the following documents:

 1) evidence that the host entity established in the territory of the Republic of Poland is a legal person or an organisational unit which is not a legal person, whom the Act grants legal capacity, to which the intra-corporate transferee is transferred, and which:

  1. a) is in particular a branch or agency of the parent employer being a foreign entrepreneur or
  2. b) belongs to the same group of enterprises as the parent employer;

 2) evidence that the foreign national has formal qualifications and meets other conditions required in the case of the intention to work in a regulated profession;

 3) a contract under which the foreign national is to work, concluded in writing, or a document issued by the parent employer, constituting the basis for the intra-corporate transfer;

 4) a copy of a valid travel document of the foreign national.

Documents prepared in a foreign language shall have a certified translation into Polish attached.

The Head of the Office for Foreigners shall issue a decision on objection if:

 1) the host entity established in the territory of the Republic of Poland does not meet the conditions referred to in Article 3 point 5b, or

 2) the foreign national does not have formal qualifications or does not meet other conditions required in the case of the intention to work in a regulated profession, or

 3) the remuneration specified in the contract under which the foreign national is to work or in the document issued by the parent employer constituting the basis for the intra-corporate transfer is lower than the remuneration of employees performing comparable work and on a comparable position in the territory of the Republic of Poland, or

 4) the validity of the residence permit referred to in Article 1(2)(a) of Regulation No 1030/2002 issued by another European Union Member State with the annotation “ICT” held by the foreign national does not cover the period of the planned short-term mobility of a manager, specialist or trainee employee in the framework of an intra-corporate transfer, or

 5) it is required for reasons of national defence or security or for the protection of public safety and order, or

 6) the notice includes false personal data or information, or documents attached include such data or information, or have been forged or modified, or

 7) data of the foreign national is entered into the list of foreigners whose stay in the territory of the Republic of Poland is undesirable, or

 8) data of the foreign national is included in the Schengen Information System for the purposes of refusing entry.

The decision of the Head of the Office for Foreigners on the objection is final.

After receiving the notice, the Head of the Office for Foreigners requests the Commander-in-Chief of the Border Guard, the Chief Police Officer, the Head of the Internal Security Agency, and if necessary also other bodies, for information on the circumstances to issue a decision on the objection referred to in point 5. The above-mentioned authorities provide information within 15 days from the receipt of the request.

A foreign national entering the territory of the Republic of Poland in order to benefit from the short-term mobility of a manager, specialist or trainee employee in the framework of an intra-corporate transfer in connection with possession of a residence permit referred to in Article 1(2)(a) of Regulation No. 1030/2002, with the annotation “ICT,” issued by another European Union Member State which is not a state of the Schengen Area, provides a copy of the aforementioned notice or a letter from the host entity established in the Republic of Poland which specifies at least the period of benefiting from the mobility in this territory and the address of the host entity. Presentation of the above letter of the host entity established on the territory of the Republic of Poland at the entry into Poland does not exempt from the obligation of prior notification of the intention to benefit from the short-term mobility by the foreign national referred to above.

The remaining entry conditions, as defined in the Schengen acquis, also apply.

In order to benefit from the long-term mobility of a manager, specialist or trainee employee in the framework of an intra-corporate transfer in the territory of Poland (for a period exceeding 90 days), it is required to obtain a temporary residence permit.

If a foreign national with a temporary residence permit to work in the framework of intra-corporate transfer would like to benefit from a short-term or long-term mobility of a manager, specialist or trainee employee, as part of the intra-corporate transfer in another EU Member State the host entity established on the territory of the Republic of Poland notifies the competent authority of another EU Member State in which the foreign national intends to benefit from this mobility and the Head of the Office for Foreigners about this intention, if the regulations in force in that Member State provide for such notification.