Temporary residence permit for the purpose of conducting business activity

Requirements

In order for a foreigner to be able to obtain a temporary residence permit to conduct business activity, it is necessary for them to meet the following requirements in a cumulative manner:

• they are people entitled to apply for that permit, they are therefore third-country nationals or a stateless person and, at the time of the application, are legally residing on the territory of the Republic of Poland on the basis of a short-term residence title;

• both the declared and the actual purpose of their stay on the territory of the Republic of Poland is to conduct business activity on the territory of the Republic of Poland (Article 142 paragraph 1), on the basis of applicable regulations;

• conducting such activity is the basis for applying for a temporary residence permit, and at the same time must justify the foreigner's stay on the territory of the Republic of Poland for a period longer than 3 months;

• complete the formal requirements related to the permit, including: submit the application in person, on the form, together with the necessary attachments, as well as present a valid travel document (or in justified cases, if the foreigner does not have a travel document and it is not possible to obtain it – another document confirming their identity), give fingerprints (except when it is not physically possible to take fingerprints) and pay stamp duty;

• has health insurance within the meaning of the Act of 27 August 2004 on health care services financed from public funds or confirmation of coverage by the insurer of the costs of treatment on the territory of the Republic of Poland;

• has a source of stable and regular (i.e., relatively stable and continuity) income sufficient to cover the cost of subsistence for themself and their dependent family members. The amount of income must be higher than PLN 776 per month if the foreigner manages independently and does not have dependents or exceed PLN 600 per month for each family member;

• has a guaranteed place of residence in Poland;

• the economic activity he/she carries out (*it is necessary to fulfil one of the following conditions):

• CONDITION 1: has achieved an appropriate level of income, i.e., in the period of 12 months immediately preceding the submission of the application, they have generated an income not lower than 12 times the average monthly gross remuneration in the national economy in the voivodeship in which the economic entity has its registered office or place of residence, in the year preceding the submission of the application, as announced by the President of Statistics Poland pursuant to art. 30 par. 2 of the Act of October 26, 1995 on certain forms of support for housing construction , or

• CONDITION 2: has reached an adequate level of employment, i.e., has employed for an indefinite period and full-time for at least 12 months immediately preceding the application at least 2 employees who are:

• Polish citizens,

• citizens of another EU Member State / Norway / Iceland / Liechtenstein / Switzerland,

• citizens of third countries who have been granted one of the forms of international or national protection in the Republic of Poland (refugee status, subsidiary protection, consent to stay for humanitarian reasons, permit for tolerated stay, temporary protection) or have the right to work in Poland in a situation where they apply applying for international protection,

• third-country nationals who have an indefinite residence permit (such as: permanent residence permit, EU long-term resident's residence permit), or

• CONDITION 3: has appropriate resources or carries out activities allowing for the fulfilment of the conditions in the future, in particular contributing to the growth of investments, technology transfer, introducing beneficial innovations or creating jobs.

Conditions 1-3 - important information for Ukrainian citizens!

If you are a citizen of Ukraine and carry out economic activity on based on an entry into the register of entrepreneurs (i.e., you run a sole proprietorship or are a partner in a civil partnership), you do not need to demonstrate that you meet the above-mentioned conditions (1-3) concerning economic activity.

As of 15 April 2022, there is a temporary abolition of the application of the requirement to demonstrate that the economic activity carried out is beneficial to the economy of the Republic of Poland by generating an adequate level of income or affecting the national labour market, with respect to Ukrainian citizens who carry out economic activity on the basis of an entry in the Central Register and Information on Economic Activity (CEiDG). It stems from the provisions of the Special Act and is valid until 4 March 2024.

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Attention - important information for the Ukrainian citizens and other displaced persons from Ukraine having the status "UKR"!

If you are the Ukrainian citizen or other displaced person from Ukraine and:

• you are enjoying temporary protection in Poland under the terms and conditions of the Special Act, and

• you have a Civil Registration Number (PESEL) with the annotation "UKR" (both conditions must be met)

- then you do not need to:

• submit the application in person (i.e., the requirement to appear in person at the voivodship office does not apply to you),

• present a valid travel document when submitting your application,

• give fingerprints.

In such an event, it is sufficient to submit the application via the Cases Handling Module (MOS) and then – to send its signed printout together with the necessary attachments and documents by post or deliver them personally to the voivode's office. If the voivode will deem it justified, you may, during the proceedings, be asked to present a valid travel document or a copy thereof or to show another document proving your identity.

The application rules for other Ukrainian citizens remain unchanged.

For more information see the communication from the Head of the Office for Foreigners (UdSC) available here.

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