FAQ

General

Are copies of documents sufficient to issue a decision? Is it enough to send a copy by post or scans by e-mail to receive a decision?

Created on: 03.04.2020

No, unfortunately, copies are not enough. Copies of documents not confirmed as being true copies are not sufficient to issue a decision.  Please, send original documents. If you want us to return the originals to you, please write to us which documents we should send back and to what address. We can also return them to you with a decision that we will send to you.

If your attorney is a legal advisor or lawyer, s/he can authenticate photocopies of the documents. In such a case the original is not needed. The public notary can also certify copies. You can read more about it here.

Remember, however, that documents such as the Annex No 1 to the application must be sent to us in the original. This document needed only for this procedure.

How can I add missing/new documents to my case?

Created on: 03.04.2020

You can send us documents by post at all times. Please, send original documents. If you want us to return the originals to you, please write to us which documents we should send back and to what address. We can also return them to you with a decision that we will send to you.

If your attorney is a legal advisor or lawyer, s/he can authenticate photocopies of the documents. In such a case the original is not needed. The public notary can also certify copies. You can read more about it here.

Remember, however, that documents such as the Annex No 1 to the application must be sent to us in the original. This document needed only for this procedure.

You can also submit documents to Submission Point in the Customer Service Room „A”  at Plac Wolności 17 in Poznan.

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.

Pages