Temporary residence permit based on your own company in Poland

There are many options for applying for a temporary residence permit in Poland and they are all tied to a reason of your stay. One such reason is running your own company here.

The official name for the temporary residence permit for a company owner is zezwolenie na pobyt czasowy w celu wykonywania działalności gospodarczej (this translates to “temporary residence permit for the purpose of conduction a business activity”).

As it is the case with every residence permit in Poland, the rules for receiving a temporary residence permit  are extensive and it would take a long time to describe it in detail. This article is to answer some frequently asked questions regarding this permit.

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Who can apply for this kind of residence permit?

You can apply for this residence permit if you own any type of company in Poland:

• jednoosobowa działalność gospodarcza (sole trader/sole proprietorship) – as an owner,
• spółka z ograniczoną odpowiedzialnością / sp. z o.o. (limited liability company) – as a shareholder (only shareholder or one of shareholders),
• spółka jawna / sp.j. (general partnership) – as a shareholder (only shareholder or one of shareholders),
• spółka partnerska / sp.p. (professional partnership) – as a shareholder (only shareholder or one of shareholders),
• spółka komandytowa /sp.k. (limited partnership) – as a shareholder (only shareholder or one of shareholders),
• spółka komandytowo-akcyjna / S.K.A. (limited joint-stock partnership) – as a shareholder (only shareholder or one of shareholders),
• spółka akcyjna / S.A. (joined-stock company) – as a shareholder (only shareholder or one of shareholders).

You can find out more about the types of companies in Poland in the article below:

How to start a company in Poland. Part 1: What kind of companies can be run in Poland by foreigners? https://kancelariakamler.pl/en/how-to-start-a-company-in-poland-part-1-what-kind-of-companies-can-be-run-in-poland-by-foreigners/

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How long is this kind of residence permit granted for?

The duration can be between 3 months and 3 years. Usually it is granted for 2-3 years.

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Are there any requirements for the company?

The main requirement for the company is that it has to either:

• achieve a gros income in the previous tax year of at least 12 times the local monthly income (for the whole year). The exact amount is different in each region and changes every year;

OR

• employ at least 2 employees for the last 12 months based on work agreement (umowa o pracę) for indefinite period (czas nieokreślony). They can be either Polish citizens or foreigners;

OR

• prove that the company is able to achieve any of the above (so either high income or employment of two persons) in the near future. This can be done by showing that the company has financial resources, equipment, perform or plan to perform actions that will result in creating new workplaces or high profit. To prove this, you have to provide documents such as:

– business plan,
– current profit and loss account,
– current balance sheet of the company,
– signed agreements/contracts,
– confirmation of investments made, e.g. VAT invoices and bills.

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Is it easier or harder to get this kind of residence permit comparing to temporary residence permit based on work (employment at someone else’s company)?

In my opinion, the requirements for a residence permit based on your own company are more difficult to meet then those for the residence and work permit.

Still, if you meet the requirements and provide the documents, then you will be granted the residence permit. The voivode (i.e. government institution that handles the residence permit cases) is obligated to grant you the permit if you meet the requirements. It is not up to the their discretion to decide whether to grant it to you or not. All that matters is whether you meet the requirements.

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If I have my own company and I am employed by another company at the same time, can I apply for a residence permit based on work?

If you own a company (as an owner of a sole trader company or a shareholder), you cannot apply for a residence permit based on work. Your application would be rejected or you will get a negative decision. You have to apply for a residence permit based on your own company.

However, while owning a company, you are not limited to only the temporary residence permit for the purpose of conduction a business activity. You can still apply for a residence permit based on studies, family, education, etc.

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Would you like to know more? Do you need assistance with applying for your next residence permit?

Feel free to contact us and take advantage of our services.