Documents
a. Documents required at the application stage
A foreigner applying for a temporary residence permit to conduct business activity pursuing Article 142(3) of the Act on Foreigners submits to the voivode competent for the place of their stay:
completed, in accordance with the instruction, application form for a temporary residence permit - under pain of leaving the application unprocessed. Rules for completing the application are presented in the following stage: “Completing the application”.
Appendix 1 to the application for a temporary residence permit, completed in full by the employer and signed by a person authorized to represent the employer – under pain of leaving the application unexamined. If you perform several functions, please submit Appendix 1 to each of the functions mentioned separately.
4 up-to-date photographs that clearly show the foreigner's face, without a hat and obscuring lenses, meeting the detailed criteria defined by law, i.e., undamaged, in colour, with good sharpness; 35 mm x 45 mm; made not earlier than 6 months before the date of submitting the application; showing the face from the top of the head to the top of the shoulders, so that the face covers 70-80% of each photo, against a uniform light background, showing the foreigner facing straight, with open eyes, uncovered hair, with a natural face expression and closed mouth, as well as showing the natural the colour of their skin; clearly showing the foreigner's eyes, especially their pupils, and the foreigner's eye line parallel to the upper edge of the photograph - under pain of not processing the application.
a photocopy of a valid travel document (at the same time presents the person accepting the application with its original for inspection - under pain of leaving the application unprocessed); Note: The requirement to present a travel document at the voivodship office does not apply to the Ukrainian citizens and other foreigners having the status "UKR".
In a particularly justified case, if a foreigner does not have a valid travel document and they are not possible to obtain it, they may present another document confirming their identity in a way that does not raise any doubts. At the same time, they should document the objective inability to obtain a travel document and the efforts made to obtain it.
Proof of payment of stamp duty. Go to the "Stamp duty” step for more information.
b. Other documents
At the stage of submitting the application, it is also desirable to present the documents necessary to confirm the data contained in the application and the circumstances justifying the application for a temporary residence permit. The date of settling the matter depends on the date of its submission. If the required documents are not attached to the application, the voivode calls for them to be sent within a period of not less than 14 days.
Such evidence is not subject to the consequence of leaving the application unprocessed and may be supplemented in the course of the proceedings.
However, it should be remembered that attaching full documentation already at the stage of submitting the application is in accordance with the interest of the party. It organizes and simplifies the procedure, because already at the initial stage, the authority can make correct determinations with regard to the foreigner's situation, which undoubtedly speeds up the process of processing the application and reduces the risks associated with the need for supplementing documentation by a foreigner in the further course of the procedure for granting a temporary residence permit.
The evidence to be presented in the proceedings includes:
a current document confirming the possession of health insurance;
documents confirming the possession of a source of stable and regular income sufficient to cover the costs of maintaining oneself and dependent family members (for a single person – in the amount higher than PLN 776 net per month, for a person in the family – in the amount higher than PLN 600 net per month), e.g., the act of appointment as a member of the management board, the contract on the basis of which the foreigner performs work as a member of the management board, PIT statements on the amount of income of the foreigner for the last tax year or an appropriate certificate from ZUS;
If the income obtained from the performance of work is insufficient, it is necessary to present additional documents confirming the possession of adequate income;
a document confirming the possession of a guaranteed place of residence in Poland, such as a certificate of residence, a lease agreement for an apartment, another contract enabling the possession of a dwelling, or a statement of a person authorized to own a dwelling on providing a foreigner with a place of residence;
the consent of the competent authority to occupy a specific position or to pursue a profession, where the obligation to obtain it results from separate Regulations;
if the company in the year preceding the submission of the application achieved the required income, submit:
● CIT – 8 for the tax year preceding the submission of the application together with the confirmation of sending to the tax office or a certificate from the tax office on the income achieved,
● a certificate of no arrears in paying ZUS contributions and from the tax office about not being in arrears in taxes of your company;
if the company in the year preceding the submission of the application did not achieve the required income, submit:
• documents confirming that the company employed at least 2 Polish citizens or foreigners authorized to perform work on the territory of the Republic of Poland for an indefinite period and full-time work, for at least 1 year before submitting the application, e.g., employment contract and confirmation of ZUS contributions paid for the entire period of employment of each employee,
if the company in the year preceding the submission of the application did not achieve the required income or did not meet the employment criterion, submit documents proving that it has the means or activities that allow you to meet these conditions in the future, in particular contributing to the growth of investment, technology transfer, introduction of beneficial innovations or job creation, such as:
• business plan
• the company's balance sheet with the current profit and loss account
• documents confirming the investments made in supplies and equipment used in the production or services provided (VAT invoices, bills)
• concluded contracts,
• commercial premises lease agreements,
• employment contracts/mandates with employees,
• information about the stock level,
• ZUS certificate on the lack of arrears in paying contributions and from the tax office on not being in arrears in taxes of your company,
• other financial documents confirming the financial condition of your company
• documents confirming the innovativeness and technological advancement of the solutions offered by the company and that the activity is expected on the market
in the case of the will to be represented in the proceedings by a proxy – a power of attorney together with confirmation of payment of stamp duty.
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Remember!
the documents should be attached in the original or in a copy certified to be a true copy of the original by a notary public or the party's attorney who is an attorney-at-law or legal advisor; certification of the compliance of the copy with the original may also be made by an authorized employee of the voivodeship office in the administration office, upon presentation of the original document;
documents drawn up in a foreign language must be presented together with a sworn translation into Polish; the register of sworn translators is kept by the Ministry of Justice and is available at: https://arch-bip.ms.gov.pl/pl/rejestry-i-ewidencje/tlumacze-przysiegli/lista-tlumaczy-przysieglych/search.html
closely related documents should be presented jointly (e.g., a sublease agreement with a lease agreement) and be valid on the date the permit is issued.
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