TEMPORARY RESIDENCE PERMIT - BUSINESS ACTIVITY
To whom the application concerns
In accordance with the act of 12 December 2013 on foreigners (Journal of laws 2020, item 35), you can apply for a temporary residence permit for the purpose of holding a position in the management board of a legal entity / doing business if the purpose of your stay is to conduct business on the territory of Poland on the basis of the legislation in force in this field.
You may also obtain this permission if the purpose of your stay in Poland is to serve on the board of a limited liability company or a joint-stock company whose shares or interests you own or conduct the business of a limited partnership or joint-stock company as a partner, or act as a proxy.
In order to obtain such authorisation, the economic operator must generate a certain income or create jobs or have adequate means or activities to meet these conditions in the future.
An authorisation to hold a position in the management board of a legal entity / conduct business is granted if the circumstances that are the basis for applying for this authorisation justify your stay in the territory of the Republic of Poland for a period longer than 3 months.
Conditions for authorisation:
In accordance with Article 142 (1). Act on foreigners a temporary residence permit for the purpose of conducting business is granted if the purpose of your stay in the territory of the Republic of Poland is to conduct business on the basis of the legislation in force in this area in this territory and you meet the following conditions:
1) you have:
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a) health insurance within the meaning of the act of 27 August 2004 on health care services financed from public funds or confirmation of the insurer's coverage of treatment costs in the territory of the Republic of Poland,
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b) a source of stable and regular income sufficient to cover the cost of living for yourself and your dependent family members,
(c) the consent of the competent authority to take up a particular post or profession where the obligation to do so arises under separate provisions;
2) you have a place of residence provided in the territory of the Republic of Poland;
3) the entity that conducts business:
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a) in the tax year preceding the submission of an application for a temporary residence permit for the purpose of conducting business, The Foreigner has earned an income not less than 12 times the average gross monthly salary in the national economy in the Voivodeship in which the entity has its Registered office or place of residence, in the year preceding the submission of 1995 of certain forms of support for housing construction, or employs for an indefinite period and on a full-time basis for at least 1 year preceding the submission of the application at least 2 employees who are Polish citizens or foreigners referred to in Article 87 (1) (1) to (9) of the act of 20 April 2004 on Employment Promotion and labour market institutions, or
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b) demonstrate that it has the means to fulfil the conditions set out in point (B) in the future. A or takes action to meet these conditions in the future, in particular by increasing investment, technology transfer, innovation or job creation.
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Paragraph 1 (3) shall also apply to the limited partnership, limited partnership, limited liability partnership or joint-stock company which you have formed, or to the company to which you have joined or whose shares or shares you have acquired or acquired.
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A temporary residence permit for the purpose of doing business shall be granted if the purpose of your stay is to carry out work by serving on the board of a limited liability company or a limited liability company which you have formed or whose shares or shares you have acquired or have acquired, or to conduct the business of a limited liability company or limited liability company as a partner, or to act as a proxy, provided that you satisfy the conditions referred to in points (1) and (2) of Paragraph 1, and it fulfils the conditions referred to in point (3) of Paragraph 1.
Necessary documents:
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Temporary residence permit application form completed as instructed;
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Four photographs meeting the following requirements:
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undamaged, colorful, with good sharpness;
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dimensions 35 mm x 45 mm;
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made not earlier than within 6 m-cy before the date of submission of the application;
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depicting the image of the face from the top of the head to the upper part of the shoulders, so that the face occupies 70-80% of the photo, on a uniform bright background, in a frontal position, looking straight ahead with open eyes, unshaven hair, with a natural facial expression and closed mouth, and also reproduce the natural color of your skin;
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showing clearly the eyes, especially the pupils, the eye line is parallel to the upper edge of the photograph;
Note: if you wear a headgear in accordance with the principles of your religion, you can attach a photo of you in a headgear to the application, provided that the image of your face is fully visible. In this case, the application is accompanied by a statement of membership in the religious community.
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Copy of valid travel document – all pages (original for viewing);
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Appendix 1 to the application (if you are a member of the management board of a legal entity);
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Document confirming the possession of the secured place of residence (certificate of check-in, certificate of ownership, lease agreement, loan agreement, owner's statement);
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Documents confirming the possession of a stable and regular source of income sufficient to cover the cost of living for themselves and family members;
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Documents confirming the possession of health insurance or confirmation of the insurer's coverage of treatment costs in the territory of the Republic of Poland, e.g. the relevant certificate from the ZUS or insurance policy;
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Documents relating to the company's income in the tax year preceding the submission of the application, or information on the state of employment,
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Other documents confirming that the activity is beneficial for the Polish economy, m.in. it contributes to increased investment, technology transfer, beneficial innovation or job creation;
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Proof of stamp duty 440zł;
Note: if it is necessary to clarify or clarify the evidence held by the authority in the case during the proceedings, you may be requested to provide other documents or to testify in support of the circumstances referred to in the request.
Method of application:
You submit your application in person to the Voivode competent for the place of your current residence.
When submitting an application, you are required to submit fingerprints
If you do not submit your application in person or send it by mail-after the application is served to the governor, you will be summoned to appear in person within no less than 7 days from the date of delivery of the summons under the rigor of leaving the application without examination.
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if you apply for a temporary residence permit you are obliged to submit your application in person, no later than on the last day of your legal stay in the territory of the Republic of Poland to the Voivode competent for the place of your current stay.
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If you have completed 6. year of age when applying, you are required to submit fingerprints.
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If you have submitted an application within the deadline and it does not contain any formal deficiencies or you have completed the deficiencies within the deadline, the governor shall put a stamp in your travel document confirming the submission of the application. Your stay in the territory of the Republic of Poland is considered legal from the date of submission of the application without any formalities until the day when the decision on granting a temporary residence permit becomes final.
Look out! Putting a stamp in your passport does not entitle you to travel to other Schengen countries, but you can go to your country of origin, but to return to Poland you should obtain a visa if you come from a visa-free country.
Please send all correspondence to:
Opolski Urząd Wojewódzki (Opole Voivodship Office)
Wydział Spraw Obywatelskich i Cudzoziemców (Department of civil and Foreign Affairs)
ul. Piastowska 14, 45-082 Opole
Submission of applications and delivery of documents in matters of legalization of residence of foreigners and work permits will be carried out by mail or courier. In addition, for work permits, applications can be submitted through the portal www.praca.gov.pl
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