I am a partner in a limited liability company, and I am the president of the management board - can I apply for a temporary residence and work permit in this company in a different position, e.g.florist? Or do I need to apply for temporary residence...

Created on: 31.03.2020

...permit in releation with business activity?

If you own shares in a company, you are on the management board, apply for a temporary permit for business purposes. If you own shares and are employed in the company in another position, such as a florist, you will additionally need to obtain a separate work permit for that position. However, if you are, for example, a graduate of a full-time university in Poland or a post-secondary school in Poland, you are exempt from having a work permit for an additional position, e.g. a florist, according to § 1 point 15 of the Ordinance of the Minister of Labor and Social Policy of April 21, 2015 on cases in which it is permissible to entrust work to a foreigner in the territory of the Republic of Poland without having to obtain a work permit.

If, in the situation of owning shares in a company and performing a statutory role, you would apply for a temporary residence and work permit, we will refuse to initiate the proceedings. However, if the information that you own shares in a company and perform a statutory function in it is disclosed after it has been initiated, the proceedings will be discontinued. You do, however, have the option to reclassify your application from a temporary residence and work permit to a business residence application.

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