Economic activity in PolandPrint
BASIC INFORMATION - FORMS OF ECONOMIC ACTIVITY IN POLAND
As a rule, economic activity in Poland may be started on the day of submitting the application for entry in the Central Register and Information on Economic Activity or after entry in the register of entrepreneurs of the National Court Register.
Polish law provides for the following forms of economic activity:
- individual business activity (self-employment);
- partnership;
- general partnership;
- limited partnership;
- partnership limited by shares;
- partner company;
- limited liability company;
- joint-stock company.
The most popular forms of running a business include individual business and a limited liability company.
A foreign entrepreneur may conduct in Poland:
- a branch through which they carry out economic activity to the extent that they carry out it in the country of its seat;
- a representative office that allows a foreign entrepreneur to perform activities only with respect to advertising and promotion.
Detailed information on establishing and running individual forms of business activity in Poland is available here: https://www.biznes.gov.pl/pl
POSSIBILITY OF RUNNING ECONOMIC ACTIVITY BY FOREIGNERS
ECONOMIC ACTIVITY THAT EVERY FOREIGNER CAN RUN IN POLAND
Every foreigner, regardless of their citizenship and documents entitling them to stay in Poland, has the right to undertake and conduct business activity in the form of:
- a limited partnership;
- a partnership limited by shares;
- a limited liability company;
- a joint stock company.
Each foreigner may also join the aforementioned companies and acquire or get their shares or stocks, unless international agreements provide otherwise.
Note! A foreigner who wants to conduct one of the four forms of activity listed above does not need to have the right to stay in Poland. Their presence in Poland, as a rule, is not required (if regulations allow it, they may, for example, register a company via the Internet or through a proxy).
Note! However, if a foreigner is planning to stay in Poland in order to conduct business activity, they may legalize his stay on the basis - obtain a visa or a temporary residence permit.
CONDUCTING OTHER FORMS OF ECONOMIC ACTIVITY
Foreigners with a specific basis of residence in Poland may set up and run a business on the same terms as Polish citizens. This means that they may undertake and conduct any form of business activity permitted by Polish law. The foreigners include migrants who stay in Poland on the basis of:
- a permanent residence permit;
- a residence permit for a long-term EU resident;
- a temporary residence permit granted to a family member of a foreigner for the purpose of family reunification;
- a temporary residence permit granted for the purpose of studying;
- a temporary residence permit granted on the basis of other circumstances (i.e., a long-term EU resident's residence permit, issued by an EU Member State other than Poland);
- a temporary residence permit granted on the basis of other circumstances (i.e., being a family member of the foreigner described in the above point);
- a temporary residence permit, provided that they are married to a Polish citizen living in Poland;
- a temporary residence permit granted for the purpose of economic activity (issued due to the continuation of already conducted economic activity on the basis of an entry in the Central Register and Information on Economic Activity.
Note! Spouses of Polish citizens have the right to run a business as a result of their marriage, provided that their stay is based on a temporary residence permit. It does not matter on what basis it was issued. The provisions regulate the access of spouses of Polish citizens to the labour market in a different manner. In this case, it is important whether the temporary residence permit was issued on the basis of a concluded marriage.
More information on the procedure for legalizing the stay and work of Polish citizens' spouses is available in the tab: ARRIVAL AND STAY IN POLAND OF A FAMILY MEMBER.
This group also includes foreigners in Poland who have been granted:
- refugee status;
- subsidiary protection;
- a residence permit for humanitarian reasons or a tolerated stay permit;
Business activity on the same terms as Polish citizens may also be conducted by foreigners who have a valid Pole's Card and those who benefit from temporary protection in Poland.
Note! International agreements between individual countries and Poland may introduce additional restrictions or powers with regard to the possibility of conducting business activity. Therefore, it is necessary to make sure that the international agreement regulating the issue does not apply to the foreigner's country of origin. The Ministry of Foreign Affairs maintains an online treaty database where such information can be checked.
Family members of the foreigners to whom the aforementioned international agreements refer and who have temporary residence permits, may undertake and pursue economic activity on the same terms as the foreigners.
Family members who have temporary residence permits, granted in connection with arriving or staying in Poland in order to reunite with the family of foreigners (who have a temporary residence permit and conduct business activity on the basis of an entry in the business register made on the basis of reciprocity), may undertake and conduct economic activity on the same terms as the foreigners.
It’s worth knowing! People who are interested in running a business in Poland can contact the Polish Agency for Enterprise Development (PARP), it offers training for entrepreneurs and organizes postgraduate studies in the field of entrepreneurship.
LEGALIZATION OF THE STAY OF FOREIGNERS ON THE BASIS OF ECONOMIC ACTIVITY
VISA
A foreigner who conducts business in Poland may apply for a visa to Poland on the basis of running a business. For this purpose, when applying for a visa (at the consulate of the Republic of Poland competent for the place of permanent residence), in addition to the basic set of documents, documents confirming running a business in Poland must be submitted (e.g. an entry in the National Court Register, notarial articles of association, certificate from the office tax on non-arrears in taxes).
Note! In justified cases, it is possible to obtain a visa in connection with the intention to conduct business in Poland. However, a visa to Poland will not be issued in connection with the intention to run a business if the foreigner does not prove their intention and does not justify the need for coming and staying in Poland. In such a case (the foreigner does not have registered activity in Poland yet and is not able to present documents confirming their activity), the consul will decide whether the presented evidence is sufficient to issue a visa. Please note that the consul has the right to ask for additional documents.
Note! It is worth remembering that the set of documents necessary to apply for a visa may differ depending on the consular office. Therefore, before submitting the visa application, it is recommended to contact the consular office where the foreigner will apply for a visa in order to confirm the complete set of documents necessary to obtain a visa.
More information on the visa application procedure is available in the tab: ENTRY AND STAY ON THE BASIS OF A VISA.
TEMPORARY RESIDENCE PERMIT
A foreigner residing in Poland and running a business may apply for a temporary residence permit on this basis.
Note! A temporary residence permit for the purpose of conducting business activity is also granted to foreigners whose purpose of stay in Poland is:
- performing a function in a management board of a limited liability company or a joint-stock company whose stocks or shares are owned by the foreigner or
- managing the affairs of a limited partnership or a limited joint-stock partnership by a general partner or
- acting as a proxy.
Note! If a foreigner obtains a temporary residence permit for the purpose of running a business in connection with the circumstances described above, it will entitle them to work in a given capacity (board member, general partner, proxy).
Importantly, taking up a job in a different capacity (e.g., as an accountant) will require prior (prior to the start of work) obtaining documents legalizing the work.
Note! If a foreigner performs functions in a company's management board, but does not have shares in that company, they should then apply for a temporary residence and work permit.
More information on the procedure for applying for a temporary residence permit for the purpose of conducting business activity is available in the tab: STAY IN POLAND.
