The polish residence card based on entrepreneur activity. That’s how you can get a residence permit in 2019! The residence card based on the entrepreneur activity. How can an entrepreneur get a residence permit in Poland in 2019? We will tell you about how you can obtain the residence card on the grounds of entrepreneurial activity. And also, we will tell about the list of documents for the residence permit based on entrepreneurial activities.
• Who can obtain a residence permit based on the entrepreneur activity?
• The main conditions for a positive decision on the permission of the residence permit on the grounds of entrepreneur activity in 2019.
• The list of documents for the residence permit based on entrepreneur activity.
• A residence card based on entrepreneur activity and the main problems that often arise with it.
• For what period is a residence permit based on entrepreneur activity in 2019 is given?
• A residence card based on entrepreneur activity – conclusions.
We wrote about how a foreigner can open a company in Poland earlier. You can read it here.
Breathily, most people have access to entrepreneurial communities. For example, such as Limited Liability Company (spółka z oo), Limited Partnership (spółkaakcyjna). And in a lesser extent but also to sole proprietorship (jednoosobowa działalność gospodarcza). In order to receive a residence card based on entrepreneur activity you will need to comply with the conditions relating to health insurance. Also, to be ready for issues relating to a regular source of stable income sufficient to cover the maintenance of yourself and family expenses. But most likely, it’s not your first rodeo in making a residence card and you already know all of this. And if not here is the link to the article that will complete your full understanding of the topic.
Foreigners who conduct economic activities (działalność jednogospodarcza) on the territory of Poland can obtain a residence permit.
This permission is also granted to foreigner that has purpose of staying in Poland in order to perform functions on the board of directors of a company like LLC (spółka z oo). Or when he is the owner of shares in a joint-stock company. And also, in the case when one manages the affairs of limited partnership (spółki komandytowej lub) as a compliment. Or if he is the prosecutor (prokurenta) of the limited-joint-stock partnership (komandytowo-akcyjnej przez komplementariusza).
A legal entity that conducts economic activity must generate a certain income to obtain such permit. Also, this legal entity must create jobs or has the appropriate means for it. And to implement actions to ensure that these conditions will be met in the future.
– During the one financial year that precedes the application date, you must achieve the income from your company in an amount not lower than in 12 times more than average monthly salary in the voivodeship where the company is registered,
– Or in your company must be officially employed two Polish citizens or foreigners.
Let’s concentrate on the first condition. You may ask us: “How much money should I earn to obtain a residence permit in Poland?” And our photo shows the following numbers to you. Do not forget that this is only your brutto profit from the business for the year.
ATTENTION! Amounts are indicated in brutto.
• 3 copies of an application of issuing of the temporary residence permit ( Wniosek o udzielenie zezwolenia na pobyt czasowy ) that is filled out in Latin latters. You can obtain it in the The Office of Foreigners (Dolnośląski Urząd Wojewódzki) or download from the DUW website.
• 4 photos that meet the following requirements:
– intact, colored, with good sharpness;
– dimensions 35 mm x 45 mm;
– made no earlier than 6 months before the date of application;
– with the image of the foreigner’s face from the top of the head to the top of the shoulders. So that the face occupies 70-80% of the photograph, on a simple white background, in the frontal position, looking straight, with open eyes, unclosed hair, natural expression of the face and with closed mouth, and also reflect the natural color of his skin;
– showing clearly the eyes of a foreigner. And especially the pupils, the line of the foreigner’s eyes is parallel to the top edge of the photo.
• A photocopy of a valid travel document (original for review. In a particular case, when a foreigner does not have a valid travel document and is not able to receive it, he may submit another document proving his identity).
• Proof of payment for consideration of an application for a temporary residence permit for the purpose of doing economic activity (Wniosek o udzielenie zezwolenia na pobyt czasowy w celu prowadzenia działalnościgospodarczej ) – 340 zł (PLN). Plus – 50 zł (PLN) for issuing a residence card (it is paid later, when you get positive decision).
• Show income for the fiscal year from doing entrepreneur activity. Acceptable income is described above.
• Show agreements with employed people. At least 2 Polish citizens who have been employed by you for more than a year.
• All documents confirming your entrepreneur activity.
• Documents confirming the availability of health insurance.
• Also, documents confirming the availability of a source of stable and regular income sufficient to cover maintenance costs.
• It is obligatory to have a document confirming the availability of a guaranteed place of residence. For example, confirmation of registration, an apartment rental agreement, another agreement allowing the possession of a room. Or a statement from person with the right of living space to provide a foreigner at the place of residence.
In Warsaw, Krakow and Wroclaw, many foreigners and their lawyers noticed the following. People who have shares in LLC (spółki) receive refusals for grating of the residence permit cause of work. According to the law “On foreigners” Part 3 of Art. 116 foreigner who conducts entrepreneur activity cannot get a residence permit on the basis of work.
Getting failures many of them began to study what it means to conduct entrepreneur activity. According to the second law on entrepreneurial activity:
Entrepreneurial activity – (according to the Law “On Freedom of Economic Activity” of July 2, 2004) this is the “production, construction, trade, service and search, recognition and mining of minerals from deposits, as well as professional activities carried out in an organized and continuous manner.” Doing economic activity is not limited only to the participation of capital in economic activity. It’s also namely, the contribution to cover the company’s shares is not enough.
Member status of partnership (spółki) does not meet this requirement. Also, because of the Labor Code, part 2, article117 – the employee does not carry a responsibility for employer’s economic activity. BUT if a person leaned as a worker, then a conflict arises. Of course, there are workarounds.
As we said before, if you are applying for a residence permit and can provide impressive incomes and employed workers you have big chance to get a residence permit in Poland, as a participant of LLC (spółki).
A temporary residence permit is issued for the period necessary to achieve the goal of a foreigner’s stay in Poland. It more than 3 months and up to 3 years. You can get the following after reaching of the deadline.
Pay attention to the important nuance: Foreigners who carry out economic activities in Poland and were hired to work in Poland by an employer who has a registered office outside Poland, as well as performing seasonal work cannot qualify for this permit.
A residence permit based on entrepreneur activity can be obtained by a real entrepreneur who can boast of by his income, as well as employed workers. Becoming a member of the partnership (spółki) and immediately try to get a residence permit in Poland – it’s a waste of time. Especially in 2019. You must show your value for Poland.
Do you need help with fast legalizing your stay in Poland? Call our specialist Ms Pakso +48 604 686 487 (calls in Poland + Viber ).
Oleksandr Kutianin
The author of article about “The residence card based on entrepreneur activity. That’s how you can get a residence permit in 2019!”.
[email protected]
Co-author and advisor for this article. Specialist in the legalization of the stay and work of foreigners in Poland.
[email protected]
Dariya Vesola
Advisor for this article. Head of the legalization of stay and labor of foreigners,
Residence permit and work permit.
Translator
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