Performing business activity in Poland may be the basis for justifying a residence in Poland. Depending on whether the entrepreneur is a citizen of the European Union, Iceland, Liechtenstein, Norway or Switzerland, whether comes from another country, the process of legalization of a stay and requirements placed before the applicant differ.
If business activity is a purpose for a foreigner’s stay (in accordance with applicable regulations), then foreigner can apply for a temporary residence permit. A temporary residence permit in order to pursue business activity shall be also granted to a foreigner who performs duties in boards of a joint-stock company – whether a foreigner established that company or owns its shares.
Obtaining a positive decision is conditional upon the fulfillment of a number of requirements regarding both the foreigner, and his activity.
A foreigner applying for a temporary residence permit in order to conduct business must demonstrate that:
- has health insurance or confirmation of coverage by the insurer of the treatment costs on Polish territory
- has a stable and regular source of income sufficient to cover the cost of maintaining himself and family members, his dependents (456 PLN per month, per family and 542 PLN for a single person)
- has a place of residence in Poland.
If the particular post or profession requires a consent of the competent authority, such consent is mandatory to receive a permit.
The application for a permit must be submitted in person, not later than the last day of the legal stay in Poland; it must be submitted to provincial governor according to place of stay. This is done by submitting an application with a use of special form. If the application was not submitted in Person then Voiviode calls to make this in person within 7 days.
If the application is submitted on time and does not contain any formal defects or missing documents without which the procedure would not be able to develop (e.g. photos, copies of your passport), or when formal defects were completed on time, Voivode places in the passport of a foreigner a stamp confirming the submission of an application for a temporary residence permit; a foreigner's stay in Poland is considered to be legitimate from the date of application to the date on which the decision on granting a temporary residence permit becomes final.
The total fulfillment of the requirements set out above is mandatory for granting a permit . It is granted for a period necessary to achieve the purposes of the stay, but not more than three years.
New obligation of the foreigners, due to the Foreigners Act, is to notify the Voivode who issued residence permit that the reason for the stay described in application has ceased; this has to be done within 15 days from that event.
1. The Act of 12 December 2013 on foreigners.