Temporary residence permit for the purpose of conducting a business activity ((for a member of the management board of “Sp. z o.o.”, which he appointed or of which he is a partner, general partner of a limited partnership or limited joint-stock partnership or proxy)

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Introduction

A temporary residence permit for the purpose of conducting business activity is a type of temporary residence permit (i.e., a permit entitling to stay on the territory of the Republic of Poland), which, according to its name, is granted for the purpose of conducting business activity (this is a classic form of this permit – click to learn more), as well as is granted for the purpose of performing work subject to:

  • performing functions in the management board of a limited liability company or a joint-stock company by its shareholder / shareholder

  • conducting the affairs of a limited partnership or a limited joint-stock partnership by a general partner

  • acting as a proxy.

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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 EU countries, Norway, Iceland, Liechtenstein, or Switzerland) and stateless persons, provided that the fact of working in the company justifies their stay for more than 3 months.

It is characteristic of this permit that its granting is dependent on the current assessment of the condition of the conducted business activity, including in terms of obtaining income and impact on the local labour market, or on the possibility of adopting a forecast as to the fulfilment of one of these conditions in the future, including in connection with considering investment expenditures, assessment of the innovativeness of the activity, its technological advancement and job creation on the labour market.

This permit is granted by the voivode, competent for the place of residence of the foreigner, and in the case of appeal proceedings – by the Head of the Office for Foreigners, for the period necessary to achieve the purpose of stay – for a minimum period of more than 3 months, but not longer than for a period of 3 years.

This permit is not automatically renewed – a foreigner interested in continuing their stay in Poland before its expiry should apply for a temporary residence permit, e.g., another temporary residence permit for the purpose of conducting business activity, or an indefinite permit (i.e., a permanent residence permit or a long-term EU resident's residence permit), if it meets the requirements necessary to grant it.

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Remember!

The regulations in force in Poland specify which categories of foreigners may conduct business activity on the same terms as Polish citizens, e.g., in the form of self-employment, and which must comply with separate rules.

The regulations provide for restrictions on the possibility of taking up and exercising an economic activity by third-country nationals who m. in:

  • do not have an indefinite residence permit in Poland (permanent residence permit, long-term EU resident permit) or

  • are not covered by the territory of the Republic of Poland’s international protection, temporary protection, or other national forms of protection against expulsion, or

  • do not have a valid Pole's Card.

Information on the rules of conducting business activity by foreigners is available at the following link: https://www.biznes.gov.pl/pl/firma/cudzoziemcy/chce-prowadzic-biznes-w-polsce/zasady-prowadzenia-dzialalnosci-gospodarczej-w-polsce-przez-cudzoziemcow. If you have any doubts about the rules of doing business in Poland, please ask the Ministry of Development and Technology to interpret the regulations.

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Attention - important information for Turkish citizens!

  • The provision of Article 41, Section 1 of the Additional Protocol to the Agreement establishing an Association between the European. Economic Community and Turkey (OJ EU L 293, 29.12.1972, p. 4, as amended), which prohibits EU Member States from introducing any new material or procedural restrictions on Turkish nationals exercising or intending to exercise an economic activity in relation to those which existed on the date of entry into force of that Protocol, shall apply in proceedings for the granting of a temporary residence permit for the purpose of carrying out an economic activity to a citizen of the Turkish Republic.

  • The standstill clause with regard to Poland is in force since 1 May 2004, i.e., the date of entry into the structures of the European Union, and means that, when conducting proceedings on the granting of a permit, Poland cannot apply stricter regulations than those in force on that date (such as the Act of 13 June 2003 on Foreigners, Journal of Laws No. 128, item 1175).

  • The application for a temporary residence permit must be submitted on the current form, with at least as much information as was required by the regulations in force on 1 May 2004. As the application submission system in the Case Handling Module (MOS) requires the application form to be completed in its entirety, it is not currently possible for Turkish citizens to complete and submit the application in the MOS using the standstill clause.

  • Turkish citizens may apply for this permit using a paper form.

  • These restrictions do not affect the ability of Turkish citizens to complete and submit applications using the MOS for other types of permits.

  • If you have any doubts about how to fill in the application and which documents to attach, ask the voivode for clarification.

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Attention - important information for Ukrainian citizens!

  • In connection with the extension of the catalogue of eligible persons, as of 12 March 2022, citizens of Ukraine whose residence is recognised as legal under the general rules set out in the Act on Foreigners, or under the rules provided for in the Special Act on Assistance to Citizens of Ukraine in Connection with the Armed Conflict on the Territory of that State, may undertake and perform economic activity on the territory of the Republic of Poland under the same rules as Polish citizens, i.e. on the basis of an entry in the electronic register of entrepreneurs (CEiDG), and therefore in a simplified form. This entitlement is subject to obtaining a Civil Registration Number (PESEL). Such a possibility also applies to other categories of foreigners who, following an armed invasion, left the territory of Ukraine after 24 February 2022 and were granted temporary protection in Poland, in accordance with Council Implementing Decision (EU) 2022/382.

  • In addition, the temporary abolition of the application to Ukrainian citizens of one of the requirements for the granting of a temporary residence permit for the purpose of economic activity, which stems from the Special Act, is effective from 15 April 2022. During the proceedings conducted until 24 August 2023, citizens of Ukraine who apply for this permit in connection with the conduct of economic activity based on an entry in the register of entrepreneurs (i.e., as sole proprietors or partners in a civil partnership) do not need to demonstrate that their economic activity is (or will become) beneficial to the economy of the Republic of Poland by:

    • generating adequate income (not less than 12 times the average gross monthly salary in the voivodship where the entity has its registered office or place of residence, in the year preceding the submission of the application), or

    • influencing the national labour market (full-time employment, and for a period of 1 year preceding the submission of the application, of at least 2 employees who are Polish citizens or foreigners with privileged access to the labour market).

  • Restrictions on the possibility to apply for a temporary residence permit for the purpose of economic activity apply only to those Ukrainian citizens whose stay is regulated by Article 2, Section 1 of the Special Act (i.e., those who enjoy temporary protection in Poland). All other citizens of Ukraine who reside in Poland under general rules, e.g., under a valid residence card (also in case of its renewal under the Special Act), can, in principle, apply for it.

  • If you are a citizen of Ukraine and apply for a temporary residence permit, but:

    • you do not meet the requirements for the granting of this permit due to the declared purpose of your stay (e.g., you do not have an income of a sufficient amount), or

    • your intention to carry out economic activity does not justify your stay in Poland for more than 3 months, or

    • there are circumstances justifying the refusal to grant this permit, but other than those set out in Article 100, Section 1, Items 2-5 of the Act on Foreigners (e.g., you are staying in Poland illegally)

- then, as an exception, you will be granted a special temporary residence permit for a period of 1 year. This permit is regulated in the provisions of the Special Act (Article 42a, Section 1). The possibility of its granting is not limited to Ukrainian citizens with "UKR" status. It is, however, time-limited - a final decision on the case must be issued by 4 March 2024.

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

  • Citizens of Ukraine, their spouses and other foreigners who enjoy temporary protection in Poland may apply for a temporary residence and work permit as of 1 April 2023, under the rules set out in the Special Act, as long as they stay in Poland legally and have a Civil Registration Number (PESEL) with the annotation "UKR".

  • Read an explanation of the amendments to the Special Act and answers to frequently asked questions. Click on the link to access these documents.

  • Watch our video explaining how to correctly complete the application for a temporary residence and work permit - click on the link to go to the instructional video.

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Attention - important information for other displaced persons from Ukraine!

  • This permit may not be granted to other third-country nationals and stateless persons who arrived in Poland from Ukraine after 24 February 2022 due to the war activities conducted on the territory of that country and were granted temporary protection in Poland, in accordance with the Council Implementing Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and having the effect of introducing temporary protection.

  • The permit may also not be granted to those displaced persons from Ukraine who have applied for and are pending or have been granted international protection in Poland.

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