Who can apply
A temporary residence permit for business is granted to a foreigner whose purpose of stay is running a business (Art. 142 para. 1 of the Act on Foreigners), and also to a foreigner who holds a position on the management board of a limited liability company or a joint-stock company that they set up or in which they hold shares, manages the affairs of a limited partnership as a general partner or is a commercial proxy (Art. 142 para. 3).
Conditions concerning you
- health insurance or confirmation of coverage of treatment costs,
- a stable and regular income sufficient to support you and your family - higher than the social assistance income threshold (Art. 142 para. 4 and Art. 140 para. 2),
- a place to live in Poland (Art. 142 para. 1 point 2).
Conditions concerning the company
The company must meet one of the conditions (Art. 142 para. 1 point 3):
- in the previous tax year it achieved income of at least 12 times the average monthly wage in the voivodeship, announced by the President of Statistics Poland (GUS),
- or it employs for an indefinite period and full-time at least 2 employees (Polish citizens or foreigners exempt from the work permit requirement, e.g. with permanent residence) for at least a year before the application,
- or it shows resources or activities that will allow it to meet these conditions in the future, e.g. investment, technology transfer, new jobs.
The minister of the interior may set an annual limit of such permits for board members and commercial proxies (Art. 142a). When the limit is reached, the voivode refuses the permit (Art. 143 para. 1).
Restrictions
A foreigner who can act only in the form of a company cannot contribute recurring non-cash services to a limited liability company or a joint-stock company, nor provide work in exchange for shares in a simple joint-stock company (Art. 4 para. 3a of the Act on the participation of foreign entrepreneurs).