Temporary residence permit for the purpose of performing work in the framework of an intra-corporate transfer (ICT)

Introduction

A temporary residence permit for the purpose of performing work in the context of an intra-corporate transfer, also known as an 'ICT permit’ from the English 'Intra-corporate transfers', is a type of temporary residence permit. It is called "Uniform permit” as it combines elements of a residence permit (i.e., a permit that entitles you to stay on the territory of Polish) and a work permit (i.e., a permit entitling you to work in Poland, in accordance with its conditions).

This permit is granted in the form of an administrative decision to third-country nationals (i.e., persons who do not have the citizenship of one of the countries of the European Union, Norway, Iceland, Liechtenstein or Switzerland) and stateless persons intending to work on the territory of the Republic of Poland as a managerial employee, specialist or employee undergoing an internship in the so-called host entity, established on that territory, for more than 90 days.

Such work must be carried out within the framework of a temporary secondment by the parent employer, established outside the territory of the Member States of the European Union and the Member States of the European Free Trade Association (EFTA). The receiving entity must be a branch or representative office of the parent employer or belong to the same group of undertakings as the parent employer.

The following have been excluded from the possibility of obtaining this permit:

• Students and doctoral students holding a temporary residence permit for the purpose of studying at university or applying for such a permit.

• Researchers/researchers holding a temporary residence permit for the purpose of conducting scientific research or a temporary residence permit for the purpose of long-term mobility of a researcher or applying for one of these permits.

• Employees of companies established in another EU Member State temporarily posted to provide services on the territory of the Republic of Poland.

• Conducting business activity on the territory of the Republic of Poland.

• Employed by temporary employment agencies or other enterprises engaged in making employees available for work under the supervision and direction of another enterprise or transferred within the enterprise with the participation of an entity conducting business activity in the field of providing employment services.

The only party to the procedure for granting it is not the foreigner, but the entity receiving it.

The ICT permit is granted by the voivode, competent for the seat of the receiving entity, at the request of its representative, and in the case of appeal proceedings - by the Head of the Office for Foreigners, for:

• maximum 3 years - in the case of executives and specialists

• maximum 1 year - in the case of employees undergoing an internship.

The period of validity of the permit takes into account the periods during which the foreigner plans to use mobility on the territory of other EU Member States.

This permit is not automatically renewed – the host entity interested in continuing the foreigner's stay before its expiry should apply for another ICT permit. Before the expiry of the validity of the permit, a foreigner may also apply (then independently) for a temporary residence permit for a purpose other than to perform work as part of an intra-corporate transfer or a permanent residence permit), provided that they meet the requirements necessary to grant it.

This permit may contain the requirements for performing work on the territory of the Republic of Poland, including the entity entrusting the performance of paid activity and specifying the m.in position and the lowest level of remuneration received. Performing work contrary to these requirements, if they were specified in the content of the decision and were not subsequently changed, is inconsistent with the regulations and may result in a return decision for the foreigner or misdemeanour liability.

Remember!

• If the temporary residence permit for the purpose of intra-corporate transfer was originally granted for a maximum period or you benefited from mobility on the territory of other EU Member States, then you will not be able to renew this permit.

• If you have an ICT permit and you intend to apply for a temporary residence permit for another purpose, before applying, be sure to check whether there are restrictions on the possibility of granting you a temporary residence permit for a given purpose of residence (e.g., study education, internship, volunteering).

• The period of stay in Poland on the basis of this permit is not included in the period of stay required for the purpose of obtaining a long-term EU resident's residence permit.

Note!

• A managerial employee (also known as a managerial employee) is a senior employee who is to manage the receiving entity or the department/branch of this unit, exercising supervision and control over the work of other supervisory employees, management, or professionals, having the authority to issue recommendations on hiring, dismissal, or other personnel decisions.

• A specialist shall be considered to be a person possessing key and specific knowledge of the areas of activity, techniques, or management of the host entity, based on high qualifications, including relevant professional experience.

• A traineeship employee is a person holding a higher education diploma, undergoing a traineeship for remuneration, for the purpose of professional development, including preparation for a future position with the parent employer or in a group of enterprises, or training in techniques or methods of conducting business activity.