Other temporary permits
Q&A: Business activity
There is currently no dedicated permit. The appropriate permit for legalising their stay in Poland is a temporary residence permit for the purpose of conducting business activity.
The authorisation may be granted, theyif you canit is possible to adoptęThe development of a reliable, positive forecast for the development of this activityviabilityso that the spelend legally required conditions in the futurelows. Account shall be taken of the company's financial resources, investments made and their potential rate of return, job creation and the innovation and technological sophistication of the business.
It is necessary that your business activity meets one of the following conditions:
- The business has generated adequate income - generated an income of no less than 12 times the average gross monthly salary in the national economy in the voivodship where the business entity has its registered office or place of residence in the tax year preceding the submission of the application, as announced by the President of the Central Statistical Office pursuant to Article 30(2) of the Act of 26 October 1995 on social forms of housing development.
- Economic activity has reached an appropriate level of employment - has employed for an indefinite period and on a full-time basis for at least 12 months immediately prior to the application, at least 2 employees who:
- are Polish citizens;
- are citizens of an EU, EFTA-EEA or CH country, or members of their families;
- are UK citizens or their family members - the beneficiaries of Brexit;
- have been granted one of the forms of protection in Poland (refugee status, subsidiary protection, humanitarian residence permit, permit for tolerated stay, temporary protection);
- hold a permanent residence permit or an EU long-term resident permit.
- The business has adequate resources or activities to meet the conditions described above in the future in particular contributing to:
- investment growth,
- technology transfer,
- to introduce beneficial innovations or
- job creation.
If you are runningsole proprietorship and, in the year preceding the application, he or she has achieved an income of the required amount, presented:
- PIT - 36 or PIT-28 for the tax year preceding the submission of the application, together with confirmation of sending to the tax office or a certificate from the tax office on the income earned,
- a certificate from the Social Insurance Institution (ZUS) stating that there are no arrears of contributions or that they are in arrears;
- a certificate from the tax office stating that there are no tax arrears;
If your one-person business did not generate income in the required amount in the year preceding the submission of your application, additionally submit documents confirming that your company has employed, for at least 12 months prior to the submission of your application, at least 2 Polish citizens or foreigners (with free access to the Polish labour market), for an indefinite period of time and on a full-time basis (40 hours/week), e.g:
- employment contracts/commissions;
- confirmation of ZUS contributions paid for the entire period of employment of each employee;
- ZUS DRA for all months of each employee.
If the sole proprietorship has neither earned the required income nor met the employment criterion in the year preceding the application, additionally submit documents proving that it has the means or is carrying out activities to meet these conditions in the future, such as, but not limited to:
- business plan;
- proof of investment in supplies and equipment used for production or services provided (VAT invoices, receipts);
- the most recent PIT-36 or PIT-28, together with proof of posting to the tax office;
- an up-to-date ledger,
- a statement of the company's bank account confirming that it has funds for the company's day-to-day operations,
- concluded agreements/contracts;
- the lease agreement for the commercial premises;
- current employment/commissioning contracts;
- stock information;
- a certificate from the Social Insurance Institution (ZUS) stating that there are no arrears in the payment of contributions and from the tax office stating that there are no arrears in taxes;
- other financial documents proving the current financial standing of the business, including the current bank balance;
- documents proving that the business is innovative and technologically advanced and that it is expected on the Polish market.
If the business you are runningcompany has earned the required income in the year preceding the application, additionally submit e.g:
- CIT - 8 for the tax year preceding the submission of the application, together with proof of posting to the tax office;
- a certificate from the tax office on the income earned;
- a certificate of no arrears of Social Security contributions or of the status of arrears;
- a certificate from the tax office stating that there are no tax arrears;
If the company in the year preceding the submission of the application did not achieve income in the required amount, additionally submit documents confirming that your company has employed, for at least 12 months prior to the submission of the application, at least 2 Polish citizens or foreigners (with free access to the Polish labour market), for an indefinite period of time and on a full-time basis (40 hours/week), e.g:
- employment contracts/commissions;
- confirmation of ZUS contributions paid for the entire period of employment of each employee;
- ZUS DRA for all months of each employee.
If the company did not meet the required income or employment criterion in the year preceding the application, submit documents proving that it has the means or is carrying out activities to meet these conditions in the future, such as:
- business plan;
- CIT-8 and the company's balance sheet with a current profit and loss account;
- proof of investment in supplies and equipment used for production or services provided (VAT invoices, receipts);
- concluded agreements/contracts;
- the lease agreement for the commercial premises;
- employment/ contractual agreements with employees;
- stock information;
- a certificate from the Social Insurance Institution (ZUS) stating that they are not in arrears with their contributions and from the tax office stating that they are not in arrears with their company's taxes;
- possibly other financial documents proving the financial health of your company;
- documents confirming the innovative and technologically advanced solutions offered by the company and that the activity is expected on the market.
Presenting a business plan may be advisable if the business activity you conduct did not achieve the income required by regulations in the year preceding the submission of the application and did not meet the employment criterion. In that case you will be required to prove that your business activity has appropriate resources or undertakes activities enabling the legally required conditions to be met in the future, in particular contributing to investment growth, technology transfer, the introduction of beneficial innovations or the creation of new jobs.
This is not a necessary requirement for obtaining a temporary residence permit. When applying for the permit you should demonstrate that your business activity has achieved appropriate income or an appropriate level of employment – employing at least 2 employees on an indefinite basis and full-time for at least 12 months directly preceding the application, who:
- are Polish citizens;
- are citizens of an EU, EFTA-EEA or CH state, or family members thereof;
- are citizens of the UK or their family members - Brexit beneficiaries;
- have been granted one of the forms of protection in Poland (refugee status, subsidiary protection
- hold a permanent residence permit or an EU long-term resident permit
Yes, one of the conditions for granting a permit is having health insurance within the meaning of the Act of 27 August
When applying for a residence permit you must have a place of residence in Poland. Present a tocument confirming
- registration confirmation;
- apartment lease agreement;
- another agreement enabling the possession of a residential premises;
- declaration of the person entitled to manage the premises regarding ensuring accommodation for the foreigner;
The application for granting the permit will be processed within 60 days from the submission of the complete application together with the necessary attachments and required tocuments.
The fee for granting a temporary residence permit for the purpose of studying is 340 PLN.
It must be paid in advance, at the moment of submitting the application. If you to not pay this fee, the voivode will summon you to pay it within 7 to 14 days. If you to not comply with the summons, the voivode may return the application by way of a ruling.
Pay the stamp duty to the bank account or at the cashier of the tax authority, which is the city president competent for the seat of the voivode to whom you are submitting the application.
Yes, after 2 years of your stay in Poland on the basis of consecutive temporary residence permits your spouse and your children