FAQ

BUSINESS ACTIVITY

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.

Can I work in a company in a different position - e.g. a salesman - having a residence permit due to conducting a business activity and being in the management board?

Created on: 12.02.2020

You can work in a different position in the company in which you perform the function on the management board, after obtaining a type A work permit.

Do I need to demonstrate that I have a stable and regular source of income in my business - how can I document this?

Created on: 12.02.2020

Yes, you must demonstrate that you have a stable and regular source of income. A confirmation document may be: a resolution appointing a member of the management board, an agreement based on which you perform work as a member of the management board.

If I employ Polish citizens for an indefinite period of time, does the company still have to meet the financial requirements?

Created on: 12.02.2020

If you employ at least 2 Polish citizens or foreigners entitled to work in Poland, for the period of time minimum 1 year preceding the submission of the application, the company does not have to meet the other financial conditions, but you must have a stable and regular income.

Why can I not obtain a temporary residence and work permit while being a partner in another company?

Created on: 12.02.2020

If you submit an application for temporary residence and work permit, while being a partner in the company, the proceedings for temporary residence and work will not be initiated. However, if the information that you have shares in the company is disclosed after its initiation, the proceedings will be discontinued.

This is due to the provisions of the Law on Foreigners.

At present, the company makes a loss because we invest, what can I do to obtain a temporary residence permit?

Created on: 12.02.2020

Prove that activities are carried out that will allow to meet the conditions in the future, i.e. by documenting investments, contracts and financial funds on the bank account.

Should the documents related to the company, (in particular the cooperation agreement, services etc.), be submitted in the original?

Created on: 12.02.2020

Yes. The copy is not a proof. You can enclose a copy if you show the original for inspection, or a copy that has been confirmed by a notary public for compliance with the original; or if you act through an attorney-in-fact who is a legal advisor/solicitor, lawyer, patent attorney - copies certified by that representative. 

Neither you nor the employer can confirm copies of the documents as true copies.

Can I obtain a residence permit if the company is newly established and does not yet generate income?

Created on: 12.02.2020

If the company does not meet the income conditions and does not employ Polish citizens/foreigners, you must prove that you have sufficient funds to meet these conditions in the future. It is worth submitting documents indicating that the company has funds for debts, salaries for employees and to cover investments, e.g. company account statement, company agreements concluded with contractors.

What are the minimum financial requirements that the company must meet to obtain a temporary residence permit under the art. 142 paragraph 1 point 3 lit. b - conditional mode?

Created on: 12.02.2020

If the company does not meet the income conditions and you do not employ Polish citizens/foreigners, you must prove that you have sufficient funds to meet these conditions in the future. It is worth submitting documents indicating that the company/activity has sufficient resources to satisfy its receivables, has funds for salaries for employees and to cover investments. It is best if the company has funds on the bank account corresponding to at least 12 times the average monthly salary in the region/province in which the business is located or you have a place of residence. The amount of the average salary can be found at the website https://stat.gov.pl/sygnalne/komunikaty-i-obwieszczenia/lista-komunikato...

What requirements must be met by the business so that I can obtain a permit due to business activity?

Created on: 12.02.2020

Basic requirements are:

  • income: in the year preceding the submission of your application, your company must achieve an income not lower than twelve times the average monthly salary gross in the region/province in which the company or business has its registered office or place of residence. The average salary is announced by the President of the Central Statistical Office, and its amount can be checked on the website: https://stat.gov.pl/sygnalne/komunikaty-i-obwieszczenia/lista-komunikato....
  • employment: employment for an indefinite and full-time period of time, at least for the period of 1 year preceding the submission of the application, and employment of at least 2 employees who are Polish citizens or foreigners. However, foreigners must be entitled to work in Poland. 
  • if you do not meet the income or employment requirements, you must demonstrate that you are conducting activities that will allow to meet these conditions in the future – in  particular those that contribute to investment growth, technology transfer, beneficial innovations or new work places. 

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