Short-term mobility under intra-corporate transfer

Holders of the travel document referred to in Article 1 (2) a of the Council Resolution (EC) no. 1030/2002 of 13 June 2002, laying down a uniform format for residence permits for third-country nationals (Journal of Laws EU L 157, of 16.06.2002, p. 1 as amended) with “ICT” annotation issued by another EU Member State applying the Directive of the European Parliament and the Council no. 2014/66/EU of 15 may 2014, on the conditions of entry and residence of third-country nationals under the intra-corporate transfer (Journal of Laws UE L 157 of 27.05.2014, p. 1) (does not apply to residence documents issued by Great Britain, Ireland and Denmark), including a country not being member of the Schengen States, may exercise mobility within the territory of the Republic of Poland in the period not exceeding the validity period of the residence document, which means the right to enter, reside and work within the territory as a manager, specialist or an employee under training, in the host entity seated within the territory of Poland, owned by the parent employer or being member of the same group of enterprises, under intra-corporate transfer, including short-term mobility within the period of 90 days in any given period of 180 days within the territory of Poland, regardless of the possibility to exercise the mobility in other EU Member States applying the directive 2014/66/EU, within the specified terms.

The condition for the foreigner exercising short-term mobility of a management employee, specialist or an employee under training under the Intra-corporate transfer within the territory of the Republic of Poland is fulfilment of the following conditions:

  • the purpose for the foreigner’s residence within the territory of Poland is performance of work in the host entity seated in the Republic of Poland as a management employee, specialist or an employee under training under the Intra-corporate transfer;
  • the residence document held be the foreigner, issued by another member state of the European Union, is annotated with “ICT”;
  • The Head of the Office has been notified by the host entity seated in another member state of the European Union, which issued the foreigner with the residence document annotated with “ICT”, on the intention of exercising this mobility by the foreigner, and has not issued the decision to object within 20 days.

The notification is drawn in Polish language and includes the following data and information concerning the foreigner:

1) full name;

2) date and place of birth;

3) sex;

4) citizenship;

5) position on which the foreigner will work;

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

7) name of the European Union Member State, which have issued the foreigner the residence document, referred to in Article 1 (2) a of the Resolution no. 1030/2002, with “ICT” annotation;

8) validity period of the residence document, referred to in Article 1 (2) a of the Resolution no. 1030/2002, with “ICT” annotation;

9) name and address of the receiving unit, seated within the territory of the Republic of Poland and the parent employer of the foreigner;

10) first name, surname, official position and signature of the person or persons entitled to represent the host entity seated within the territory of the Republic of Poland.

The foreigner entering the territory of the Republic of Poland for the purpose of exercising short-term mobility of a management employee, specialist or an employee under training under Intra-corporate transfer in relation to holding the residence document, referred to in Article 1 (2) a of the Resolution no. 1030/2002, with “ICT” annotation, issued by other European Union Member State, not being member of the Schengen States, shall provide a copy of the above mentioned notification or the letter of the host entity seated within the territory of the Republic of Poland, which stipulates at least the period of exercising mobility within the territory and the address of the host entity. Presenting the above mentioned letter of the host entity seated within the territory of the Republic of Poland at entry to Poland, does not remove the obligation of making prior notification in the intention of the foreigner to exercise short-term mobility, referred to above.

Other conditions of entry, stipulated in the provisions of the Schengen acquis also apply.

Exercising long-term mobility of a management employee, specialist or an employee under training under Intra-corporate transfer within the territory of Poland (for the period exceeding 90 days) shall require obtaining temporary residence permit for the purpose of exercising long-term short-term mobility of a management employee, specialist or an employee under training under Intra-corporate transfer.