BUSINESS IMMIGRATION TO POLAND

In this article, we will detail the business immigration to Poland, mentioning possible ways to get a permanent residence permit and all required steps of the immigration process in Poland.

Poland is a Central European country, a member of the European Union and one of the WTO, and has attracted many foreigners in recent years because of its uniqueness and access to European education and healthcare. Thus, business immigration to Poland is growing not only among EU citizens but also among non-EU citizens.

EU citizens can perform business activities in Poland in the same way as Polish citizens can; there is no need to need to apply for additional work or residence permits.
For non-EU citizens, there are two common ways of business immigration in Poland:
1) Start a company in Poland
2) Getting employed in Poland

Foreigners who wish to start a company in Poland and reside there should:

1) Company registration.

The following summarises the steps of starting a company in Poland, see our original article for more details: Company Formation in Poland

• Decide on the legal form of the company. Limited Liability Company (LLC) – Spółkazograniczonąodpowiedzialnością (Sp. z o.o.) in Polish – is the most popular type. The minimum share capital required is 5,000 PLN (around 1,200 EUR).
• Choose a company name.
• Choose the location and business address.

Gurcan Consultancy provides a virtual office in Poland for your company. Please contact us: [email protected], or Call Us +48 22 153 03 60 (English).

• The Articles of Association. This document must contain:
  i) Name of the company and its registered office
  ii) Description of the nature of the business
  iii) The amount of share capital with the number of shares that one shareholder can hold
  iv) The number and a nominal value of the shares subscribed for by each member
  v) The duration of the company (if it’s established for a defined period of time)
• Registration in the Register of Entrepreneurs of the National Court Register must be completed within 6 months from the date of the company’s agreement.
• Provide the tax office with the supplementary data within 21 days of the day the company was registered.
• Open a polish bank account.
  The registration procedures can be done either online or in person.

2) On the basis of the registered company, apply for a business visa for 6 months.

3) Visit Poland and start up the company during the 6-month period for it to meet the following criteria in order to apply for a Temporary Residence Permit (TRP):

• Generate revenue at least 12 times the average monthly income in the third quarter of the year, or
• Employ a minimum of two Polish citizens for at least a year, or
• Make investments, or
• Provide a business plan and capital that proves the company’s potential in generating such income, job positions, or investment in the long run
  

4) Alongside the listed conditions, the applicant must also provide:

• Health insurance
• Proof of income that is sufficient and stable for him/her to live in Poland
• Consent for business issued by relevant authorities
• Proof of accommodation
  

5) When submitting the application for TRP, the applicant must also provide documents of:

• Personal income tax return
• Discharge of financial obligations issued by the tax office in the applicant’s country of residence
• Company balance sheet
• Disclosure of the company’s business activities
• Partnership Agreement for those who joined business partnership instead of forming a new company

The TRP will grant the applicant three years of residence in Poland, and the application procedure takes about 4-6 months. The TRP can be renewed.

6) Constant stay in Poland for five years with TRP allows applying for permanent residence in Poland.

A foreigner who works for a company registered in Poland and on a Polish contract wishing to apply for a long-term permit in Poland will have to follow the following procedures:

1) Your employer applies for a work permit which is issued by the “voivode”. The documents required are:

• Employment contract in writing (and translated to the required language if applicable)
• Application form
• Evidence of payment
• Confirmation of employer’s legal status from the National Court Register
• Current records of employer’s economic activity
• Copies of the applicant’s passport
• Evidence of applicant’s health insurance
• Company registration documents
• Statement of company’s accounts
• Copy of contract detailing the nature of work to be undertaken

2) You apply for a C-type (maximum 90 days of stay in each 180-day period) or D-type (over 90 days, but maximum a year) visa at the Polish consulate in your country of residence (The classification of C- and D-type visas are universal across the EU). Documents needed are:

• Application form, valid travel documents
• Photo, visa fee, and email address
• Medical travel insurance
• Letter of invitation from a Polish company detailing address and date of visit
• Proof of any previous relationship between the companies
• An employment contract or payslip for the last 4 months
• Bank statements of the parent company for the previous 6 months
• Certified copies of the parent company’s memorandum and articles of association and trade license
• Confirmation that the travel expenses are covered by the parent company or the Polish company

3) You apply for a temporary residence work permit once arrived in Poland
The temporary residence work permit will grant a 3-month to 3-year period of stay and can be extended with the application.
Foreigners need to make an application in person at the voivode, not later than on the last day of legal stay within the territory of the Republic of Poland.
Documents needed are:

• Application form
• Four valid photos
• Valid travel document
• Proof of place of residence
• Proof of stable source of income
• Proof of health insurance

Constant stay in Poland for five years with TRP allows applying for permanent residence in Poland.

As Gurcan Partners International Law Firm, we provide services with our office in five EU and five non-EU countries. Please find our articles below.

• Investment in Poland
• Company Formation in Poland
• Property Purchase in Poland
• Business Immigration to Poland
• Company Formation in Europe
• Advantages of Opening A Company in Europe

Please contact us.

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