Business

Who is affected by the application?

The application should be submitted if the foreigner intends to stay in the territory of the Republic of Poland for more than 3 months and if the purpose of the stay is to conduct economic activity.

Conducting economic activity also means performing work by:

  • serving on the board of directors of a limited liability company or a joint stock company that you have established or whose shares you have taken up or acquired
  • conducting the affairs of a limited partnership or limited joint-stock partnership by a general partner
  • acting as a proxy
  • You submit your application for a temporary residence permit in person, no later than on the last day of your legal stay in the territory of Poland.

If the application is submitted on time and there are no formal deficiencies in it, or the formal deficiencies are supplemented within the period indicated by the office, the stay will be legal from the date of submission of the application until the date on which the decision on this matter becomes final.

If the foreigner conducts business in Poland and applies for a temporary residence and work permit, the office will be forced to refuse to initiate proceedings. If the foreigner serves on the board of directors of a legal entity subject to registration in the register of entrepreneurs, whose shares or stock he does not hold, he should apply for a temporary residence and work permit. Note that the office will then check the condition of the company in which the foreigner works.

Necessary documents

  • 2 copies of the application for a temporary residence permit, filled out in accordance with the instructions, it is possible to complete the application online in the Case Managemenet Module,
  • 4 current color photographs, undamaged, 45×35 mm in size, taken within the last 6 months on a uniform light background, having good sharpness and showing clearly the eyes and face from the top of the head to the upper part of the shoulders; the face is to occupy 70-80% of the photograph; the photograph is to depict a person looking straight ahead with open eyes, uncovered hair with a natural expression and closed mouth,
  • a valid travel document (photocopy of all written pages, original for inspection),
  • confirmation of payment of the stamp duty in the amount of PLN 340 to the account of the City of Łódź Office no. 50 1240 1037 1111 0011 0925 0073 .
  • annex No. 1, if the foreigner serves on the board of directors of a company that he has formed or whose shares he has taken or acquired, conducts the affairs of a limited partnership or limited joint-stock partnership through a general partner or acts as a proxy. If he performs more than one function, Annex No. 1 must be submitted for each listed function separately.

Note: the absence of any of the above-mentioned documents will result in the foreigner being summoned to supplement them within no less than 7 days from the delivery of the summons under pain of leaving the application unprocessed.

Documents confirming the circumstances indicated in the application:

Sole proprietorship

Submit basic documents confirming:

  • stable and regular source of income
  • possession of health insurance
  • assured residence in the territory of the Republic of Poland

In addition, documents regarding the business activity will be necessary.

First of all, the office will check whether, in the year preceding the application, the company earned the income required by the Law on Foreigners. The required income is 12 times the average gross monthly salary in the national economy announced by the President of the Central Statistical Office. The amount of income is calculated according to the rate in the year preceding the application, in the province where the foreigner resides.

If the conducted activity has reached the required income in the year preceding the application, it is necessary to submit:

  • PIT – 36 or PIT-28 for the tax year preceding 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) on the absence of arrears in the payment of premiums, and from the tax office on the absence of arrears in the taxes of your business.

If your business did not achieve the required income in the year preceding the application, you must submit:

  • documents confirming that the company employed at least 2 Polish citizens or foreigners authorized to perform work in the territory of the Republic of Poland for an indefinite period of time and on a full-time basis for at least 1 year prior to submission of the application, e.g. employment contracts and confirmation of paid Social Security contributions for the entire period of employment of each employee,
  • documents indicating the possibility of meeting these conditions in the future:
    • latest PIT-36 or PIT-28 with confirmation of sending to the tax office,
    • a current ledger of expenses and income,
    • a statement from the company’s bank account, confirming the possession of funds for the company’s current operations,
    • concluded agreements/contracts,
    • confirmation of investments made, e.g. VAT invoices, bills,
    • lease agreements for business premises,
    • employment contracts/contracts with employees,
    • information on inventory,
    • certificate from the Social Security Office on the absence of arrears in the payment of premiums and from the tax office on the absence of arrears in taxes of the company,
    • other financial documents confirming the financial condition of the company

Company

If a foreigner is a member of the board of directors or a proxy in a company and holds shares in the company, or holds shares in the company but has no function in the company, he should apply for a temporary residence permit related to business. The foreigner must submit basic documents proving:

  • a stable and regular source of income

One of the documents that a foreigner can submit is a shareholders’ resolution awarding fees for serving as a board member or an employment contract for performing work as a board member. If the foreigner earns income from other sources, he can also submit an employment contract with another company. In that case, be sure to include a valid work permit for that position and that company.

The employment contract to perform work as a member of the board of directors must be signed by a person authorized to enter into contracts with members of the board of directors – a document confirming this (such as a power of attorney) must be submitted.

  • possession of health insurance,
  • assured residence in the territory of the Republic of Poland.

In addition to the above, it will be necessary to have documents on the business activity.

First of all, it is necessary to check whether the company has achieved the income required by the Aliens Act in the year preceding the application. The required income is 12 times the average gross monthly salary in the national economy announced by the President of the Central Statistical Office. The amount of income is calculated according to the rate in the year preceding the application, in the province where the foreigner resides.

If the foreigner’s business achieved the required income in the year preceding the application, it is necessary to submit:

  • CIT – 8 PIT for the tax year preceding the submission of the application, together with confirmation of transmission to the tax office or a certificate from the tax office on the income earned,
  • a certificate of no arrears in Social Security contributions and from the tax office of no arrears in taxes of his company.

If the foreigner’s business did not achieve the required income in the year preceding the application, you must 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 on a full-time basis for at least 1 year prior to submission of the application, e.g. employment contracts of the persons employed and confirmation of paid Social Security contributions for the entire period of employment of each employee,
  • documents indicating the possibility of meeting these conditions in the future:
    • CIT-8 for the previous year with confirmation of sending to the tax office or a certificate from the tax office about the income earned,
    • current profit and loss statement,
    • current balance sheet of the company,
    • business plan,
    • a statement of the company’s bank account, confirming the possession of funds for the company’s current operations,
    • concluded agreements/contracts,
    • confirmation of investments made, e.g. VAT invoices, bills,
    • lease agreements for business premises,
    • employment contracts/contracts with employees,
    • information on inventory,
    • certificate on the absence of arrears in the payment of Social Security contributions and from the tax office on the absence of arrears in the company’s taxes,
    • other financial documents confirming the financial condition of the company
  • additional documents: statement on the business activity conducted

Method of submission of the application

Method of application submission:

  • In person, after booking an appointment in the online system
  • At the application office of the Department of Foreigners for legalization of residence and work
  • Through the Post Office
  • By dropping the application into the application box.

How to collect the residence card

You can pick up the residence card about 2-3 weeks after receiving a positive decision. For this purpose, you should go to the office. Collection of residence cards takes place at window 2 after taking a ticket from the ticket machine.

How to replace the residence card

A foreigner mustapply for replacement of the residence card in case of:

  • a change in the data included in the previously held residence card;
  • a change in the facial image of the holder of the residence card in relation to the facial image on the card to an extent that makes it difficult or impossible to identify the card holder;
  • loss of the residence card;
  • damage to the document.

An application for replacement of the residence card should be submitted within 14 days of the occurrence of reasons for replacing the document.

If the residence card is lost or damaged, the governor who issued the card should be notified within 3 days of the loss or damage to the document.