Legalization of the stay of foreigners on the basis of economic activity
A foreigner who conducts business in Poland may apply for a visa to Poland on the basis of running a business. For this purpose, when applying for a visa (at the consulate of the Republic of Poland competent for the place of permanent residence), in addition to the basic set of documents, documents confirming running a business in Poland must be submitted (e.g. an entry in the National Court Register, notarial articles of association, certificate from the office tax on non-arrears in taxes).
Note! In justified cases, it is possible to obtain a visa in connection with the intention to conduct business in Poland. However, a visa to Poland will not be issued in connection with the intention to run a business, if the foreigner does not prove their intention and does not justify the need for coming and staying in Poland. In such a case (the foreigner does not have registered activity in Poland yet and is not able to present documents confirming their activity), the consul will decide whether the presented evidence is sufficient to issue a visa. Please note that the consul has the right to ask for additional documents.
Note! It is worth remembering that the set of documents necessary to apply for a visa may differ depending on the consular office. Therefore, before submitting the visa application, it is recommended to contact the consular office where the foreigner will apply for a visa in order to confirm the complete set of documents necessary to obtain a visa.
More information on the visa application procedure is available in the tab: ENTERING THE TERRITORY OF POLAND.
TEMPORARY RESIDENCE PERMIT
A foreigner residing in Poland and running a business may apply for a temporary residence permit on this basis.
Note! A temporary residence permit for the purpose of conducting business activity is also granted to foreigners whose purpose of stay in Poland is:
- performing a function in a management board of a limited liability company or a joint-stock company whose stocks or shares are owned by the foreigner or
- managing the affairs of a limited partnership or a limited joint-stock partnership by a general partner or
- acting as a proxy.
Note! If a foreigner obtains a temporary residence permit for the purpose of running a business in connection with the circumstances described above, it will entitle them to work in a given capacity (board member, general partner, proxy).
Importantly, taking up a job in a different capacity (e.g. as an accountant) will require prior (prior to the start of work) obtaining documents legalizing the work.
Note! If a foreigner performs functions in a company's management board, but does not have shares in that company, they should then submit an application for a temporary residence and work permit.
More information on the procedure for applying for a temporary residence permit for the purpose of conducting business activity is available in the tab: STAY IN POLAND.