I am a partner in a limited liability company, and I am the president of the board. I have applied for a temporary residence permit with business activity as my purpose of stay. Can I act as president while waiting for the permit to be granted?

Created on: 08.04.2020

If the last day of validity of your temporary residence permit or your work permit granted for business purposes falls during the period of epidemic emergency or epidemic status, the validity of these permits is extended by law to the 30th day following the date of cancellation of that state, which lasts as last. During this time, you can continue doing business.

If you applied for a temporary residence permit while staying legally in Poland, but before the epidemic emergency/epidemic status announcement, i.e. before 14/03/2020, you can perform statutory functions in the company during the ongoing procedure for a temporary residence and a work permit, provided that you had on the application day a valid work permit or a temporary residence permit for business activity purpose.

If on the day of applying for a temporary residence permit, you did not have a valid work permit or a temporary residence permit for business purposes, you cannot hold function of the management board president during the ongoing proceedings. Under the art. 88 clause 1 point 2 of the Act on employment promotion and labour market institutions, you do not require a work permit to performing statutory functions if you stay in Poland for this purpose for a time shorter than a total of 6 months in the next 12 months. It means, that if your stay to perform the function of the president of the management board is shorter than 6 months, you can work regardless of the basis of your stay on the day of application for a temporary residence permit.

Learn more about a temporary residence permit for business purposes. Send original or notary certified copies of missing documents by post - if the evidence in the case is sufficient, we will try to grant you the requested permit as soon as possible.

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