PERMIT FOR TEMPORARY RESIDENCE IN ORDER TO CONDUCT BUSINESS ACTIVITY
A foreigner should meet the conditions concerning having health insurance, a stable and regular source of income sufficient to cover the costs of living for oneself and for family members dependent on him/her and a place of residence on the territory of the Republic of Poland.
Additional conditions for granting the permit:
– Holding the consent of a competent authority on holding specified positions or performing professions, if the obligation results from the separate provisions;
– The entity which conducts business activities should:
- a) in the fiscal year preceding submission of the application for granting temporary residence permit to conduct business operations by the foreigner, achieve income which is not lower than 12 times average gross monthly remuneration in the national economy in the voivodship, where this entity has the registered office or place of residence, in the year preceding the submission of the application, announced by the President of the Central Statistical Office on the basis of Article 30 (2) of the Act of 26 October 1995 on some forms of supporting residential construction, or employ for indefinite or full time for the period of at least 1 year preceding the submission of the application, at least 2 employees being Polish citizens or foreigners, mentioned in the Article 87(1)(1–9) of the Act of 20 April 2004 on promotion of employment and labor market institutions (e.g. refugees or foreigners who have permanent residence permit or long-term resident’s EU residence permit) or
- b) demonstrate that has funds allowing the fulfillment of future conditions specified in (a) or conducts actions enabling to fulfill these conditions in the future, in particular contributing to the growth of the investment, transfer of technology, introducing favorable innovation or creating workplaces.
The above-mentioned conditions in (a) or (b) shall also apply to the limited partnership, limited-joint stock company or a limited liability company, a joint stock company established by the foreigner or to the company to which the foreigner acceded or which shares or stock were taken or purchased.
Temporary residence permit in order to conduct business activities is also granted to the foreigner whose purpose of residence is to perform work by performing the functions in management of a limited liability company, a joint stock company established by the foreigner or which shares or stock were took or purchased or conduct the enterprise’s matters or limited-joint stock company by general partner, or work as a proxy, provided that the enterprise meets the terms mentioned above in (a) or (b). To grant this permit it is not required to have a work permit, it is also not required to attach information of the district voivode on the lack of possibility to satisfy the employer’s staff needs on the local labor market and condition of remuneration comparability.
Except general cases of refusal to grant temporary residence permit, granting temporary residence permit in order to conduct business activities, when the goal of residence is to perform work by performing the function in the company’s board of directors which was established or which shares or stock were taken or purchased or conduct the enterprise’s matters or limited-joint stock company by general partner or work as a proxy, is refused, if:
1) The entity delegating work performance or the entity managing or controlling thereof:
a) was legally punished for offences listed in the Article 117(1) of the Act on foreigners, mentioned in the regulations of the Act of 20 April 2004 on promotion of employment and labour market institutions or in the Act of 15 June 2012 concerning the effect of employing foreigners residing illegally on the territory of the Republic of Poland or
b) is a natural person convicted by a final sentence for offenses listed in art. 117, point 1 of the Act on foreigners specified in the Criminal Code committed against the rights of people who perform paid work or crimes committed in connection with proceedings for the issue of a work permit or for crimes referred to in the Act of 15 June 2012 on the consequences of entrusting work to foreigners staying against the provisions of the territory of the Republic of Poland.
2) The foreigner
a) does not have formal qualifications or fails to meet other conditions, which are required, in the case of the intention to delegate work performance in regulated profession as defined by Article 5(4) of the Act of 22 December 2015 on the rules governing recognition of professional qualifications acquired in EU Member States (Journal of Laws of 2016, item 65) or
b) is convicted by final judgment for offenses, mentioned in Article 270–275 of the Penal Code, committed in connection with the proceedings on issuing work permit or granting temporary residence permit and work permit or
c) fails to meet the requirements of the entity delegating work performance to the foreigner, specified information from the poviat starost on the lack of possibility to satisfy the employer’s staff needs.