Business activity

You should apply for a temporary residence permit if you wish to stay in Poland for a period exceeding 3 months and your primary purpose of stay is business activity.

Conducting business activity means:

• performing the function of a board member in a limited liability company or joint-stock partnership, which you have created, or in which the stock/shares you have acquired or taken over,
• running the affairs of a limited partnership or limited joint-stock partnership by a general partner,
• acting as a proxy.

You should apply for a residence permit in person before your current legal status expires (i.e. before your visa or residence card expires).

If you apply to extend your stay in Poland before the expiry date of your legal status, you can legally remain in Poland while your application is pending. Make sure you have submitted an error-free application. Your passport must be valid at this time.

The procedure for granting a temporary residence permit in order to conduct a business activity requires the analysis of many financial documents of the company, as well as examining the impact of the business activity on the Polish economy, which is why the proceedings are more complicated and take longer. Remember that completing as many documents as possible about your business while submitting the application significantly speeds up the procedure.

Before you apply read our tips on how to fill out an application form. 

1. Visit the website mos.cudzoziemcy.gov.pl and create an account.
2. Review the information and the list of common mistakes.
3. Fill out the application for a temporary residence permit.
4. Include your email address in the application. Once your application is registered by the Office, you’ll receive an access code to track the status of your case.
5. Print the application form and sign it.
6. Send the printed form along with the required attachments via postal service to the Department for Foreigners in Poznań or one of our regional offices.

Submit the application no later than the last day of your legal stay in Poland. If you send the application via Poczta Polska, the date of submission will be the date it is posted at the post office.

The next step will be an in-person appointment to submit your fingerprints. During the visit, you will also complete other documents required to obtain a stamp in your passport.

Learn how to submit fingerprints.
Learn how to track the status of your case.

Documents required to obtain a stamp in your passport (i.e. formal requirements)

• Application form - fill in the on-line application or fill in the application in accordance with the instructions in 1 copy (application to be downloaded).
• 4 photographs, 
• A photocopy of a valid travel document (the original for inspection), in a particularly justified case, when you do not have a valid travel document and you are not able to obtain one, you may present another document confirming your identity.

• Annex No 1 (download it here) to the application for the temporary residence permit should be fully completed and signed by an employer or a person authorised for representation of a company.

• Annex 1 (download it here) If you perform the function of a board member in a company which you have created, or in which the stock/shares you have acquired or taken over; you run the company’s (limited partnership, limited joint-stock partnership)  affairs by a general partner; you act as a proxy. If you perform several functions, submit Annex 1 to each of the listed functions separately.

Annex 1 should be signed by an authorized person to represent in KRS (National Court Register). If you submit an application form for performing the function in company which you represent, the Annex 1 should be signed by another authorized person from the managing board. These can be either an independent proxy or an attorney-in-fact appointed by the managing board. You cannot sign Annex 1 to your application yourself.

Confirmation of the payment of stamp duty is required to begin the proceedings.

PAY ONLINE

Please remember to submit all of the documents in original or in certified copy.

Documents needed to grant the permit:

If you are a sole trader and you are registered in CEiDG (Central Register and Information on Economic Activity), you have to enclose the following documents together with your temporary residence permit application form: 

• stable and regular source of income,
• proof of having a health insurance,
• residence provided/accommodation provided in Poland,
• documents concerning your company:

If your company has reached in the year preceding the submission of your application the income not lower than twelve times the average monthly salary gross in national’s economy in the region in which your company is registered office or place of residence, (the amount is announced by the President of the Central Statistical Office), you must enclose:

• PIT-36 (Personal Income Tax) or PIT-28 for the tax year preceding the submission of  the application together with the Tax Office (the Revenue) confirmation of posting or Certificate from the Tax Office for earned income,
• Certificate from ZUS (Social Insurance Institution) confirming that you have no arrears in payments of contributions and Certificate from the Tax Office ( the Revenue) that your company’s taxes are not in arrears.

If your company has not reached in the year preceding the submission of your application the income not lower than twelve times the average monthly salary gross in national’s economy in the region in which your company is registered office or place of residence, (the amount is announced by the President of the Central Statistical Office), you must enclose: 

• documents confirming that your company employs at least 2 Polish citizens or foreigners who are entitled to work in Poland. They have to work for a minimum period of time 1 year before your submission of the application. Documents you can enclose are : employment contracts for your employees, confirmation from ZUS that you pay contributions regularly for your employees for the whole period of employment;
• documents indicating the possibility of fulfillment these conditions in the future:
  • latest PIT-36 or PIT-28 together with the Tax Office confirmation of posting,
  • current revenue and expense ledger,
  • company’s bank account statement that confirms you have enough financial resources for keeping your current business activity,
  • agreements/ contracts,
  • confirmation of your investments e.g. VAT invoices, receipts,
  • rental agreement for your business,
  • employment contracts/contracts for your employees,
  • information about your warehouse availability,
  • certificate from ZUS confirming that you have no arrears in payments of contributions and Certificate from the Tax Office that your company’s taxes are not in arrears.

If you are a board member or a proxy in a company and you have the company’s shares or you do have the company’s shares but you do not perform any function in it, you should apply for a temporary residence and work permit due to conducting a business activity. You have to enclose, together with the application form, the following valid documents confirming: 

• a stable and regular source of income.

One of the documents you can enclose is a resolution of partners (shareholders) granting you a fee for performing the duties of board member or employment contract for performing the function of board member. If you have got an income from another sources, you can also attach an employment contract from another company. Remember also to attach a valid work permit (link) for that company for a relevant position. 

• proof of having a health insurance,
• residence provided/accommodation provided in Poland,
• documents concerning your company:

If your company has reached in the year preceding the submission of your application the income not lower than twelve times the average monthly salary gross in national’s economy in region where your company is registered office or place of residence, (the amount is announced by the President of the Central Statistical Office), you must enclose:

• CIT-8 (Corporate Income Tax) PIT for the tax year preceding the submission of the application together with the Tax Office (the Revenue) confirmation of posting or Certificate from the Tax Office for earned income,
• Certificate from ZUS (Social Insurance Institution) confirming that you have no arrears in payments of contributions and Certificate from the Tax Office (the Revenue) that your company’s taxes are not in arrears.

If your company has not reached in the year preceding the submission of your application the income not lower than twelve times the average monthly salary gross in national’s economy in region where your company is registered office or place of residence, ( the amount is announced by the President of the Central Statistical Office), you must enclose: 

documents confirming that your company employs at least 2 Polish citizens or foreigners who are entitled to work in Poland. They have to work for a minimum period of time 1 year before your submission of the application. Documents you can enclose are: employment contracts for your employees, confirmation from ZUS that you pay contributions regularly for your employees for the whole period of employment:

• documents indicating the possibility of fulfillment these conditions in the future,
• CIT-8 for the previous year together with the Tax Office confirmation of posting or Certificate from the Tax Office for earned income,
  • profit and loss account,
  • company balance sheet,
  • business plan,
  • company’s bank account statement that confirms you have enough financial resources for current business activity,
  • agreements/ contracts,
  • confirmation of your investments e.g. VAT invoices, receipts,
  • rental agreement for your business,
  • employment contracts/contracts of mandate for your employees,
  • information about your warehouse availability,
  • certificate from ZUS confirming that you have no arrears in payments of  contributions and Certificate from the Tax Office that your company’s taxes are not in arrears.

If you perform the function of a board member in a company and you do not have any shares in that company, apply for a temporary residence and work permit. In addition to fulfillment the conditions to get a temporary residence and work permit, you will have to declare that the company where you perform the function meets the income conditions. Then submit the documents related to business activity as in cases mentioned above. 

Read our guide

You have to inform the local Governor where your permit has been issued about termination of your business activity within 15 days. If you want to set up another business or acquire shares of another company, you have to submit new application form for a temporary residence and work permit. If you do not submit a new application, we will start the procedure of withdrawing your permit, because the purpose of stay which you declared when submitting the application for temporary stay has ceased to exist. If you do not do this, we may refuse to grant you another temporary residence permit.

The residence card is issued after you have received your decision with your permit.

Read more: How to receive residence card?