How to obtain a temporary residence permit for self-employed persons in Poland: legal advice

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Valeria

Lawyer

Poland / Warshawa

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Publication date: 04.09.2024

Peculiarities of obtaining a temporary residence permit for the self-employed

The process of obtaining a temporary residence permit in Poland for self-employed persons may seem complicated, but with the right approach, it is quite feasible. First of all, it is important to understand that such a permit gives you the right to legally reside and work in the country for a certain period of time. To obtain it, it is necessary to conduct a thorough legal analysis of the situation and prepare a number of documents. As a rule, this process includes registering your own business in Poland and submitting an application to the relevant voivodeship office.

The main steps to obtain the permit are:

1. Registration of business activity in Poland
2. Preparation of a business plan and financial documents
3. Collection of necessary personal documents
4. Submitting an application to the Voivodeship Office
5. Passing an interview (if necessary)
6. Waiting for the decision and receiving the residence card

It is important to understand that each step requires legal analysis of documents and careful preparation. For example, when registering a business, you need to choose the right form of business and prepare all the necessary documents. The business plan should be realistic and demonstrate the potential of your activity for the Polish economy.

Necessary documents and requirements for the self-employed

In order to obtain a temporary residence permit, self-employed persons need to provide a number of documents. Their legal analysis of the situation and proper preparation are key success factors. Usually, the list of required documents includes a passport, a certificate of business registration, documents proving the availability of housing in Poland, proof of financial solvency, etc.

Key documents to submit:

A completed application for a permit

Color photographs

A copy of the foreign passport

Proof of payment of the administrative fee

Documents on registration of business activity

Business plan and financial forecasts

Documents on the availability of housing (lease agreement or ownership)

Medical insurance

It is important to understand that consulting a lawyer can greatly facilitate the process of preparing documents and increase the chances of a positive decision. A lawyer can conduct a legal analysis of the documents and help you avoid common mistakes in their preparation.

Application and review procedure

The process of applying for a temporary residence permit for self-employed persons requires careful preparation and attention to detail. First of all, it is necessary to collect all the necessary documents and properly execute them. A legal opinion from a lawyer at this stage can be extremely useful, as it will help to avoid mistakes that may lead to a refusal.

After preparing the documents, the application must be submitted in person to the relevant voivodeship office at the place of residence in Poland. It is important to understand that the application process may take several months, so it is recommended to submit the application in advance, before the expiration of the current residence permit.

Stages of the application process:

• Receiving documents and checking their completeness
• Registration of the case and assignment of a number
• Verification of documents by the relevant authorities
• Possible interview with the applicant
• Making a decision on issuing a permit
• Notifying the applicant of the decision

During the case consideration, it may be necessary to provide additional documents or clarifications. An online lawyer can provide valuable support at this stage, helping you to respond to the requests of the authorities and provide the necessary explanations.

Specifics of doing business for self-employed foreigners in Poland

Doing business as a self-employed person in Poland has its own peculiarities that should be taken into account when planning your activities. First of all, it is important to understand that having your documents checked by a lawyer can greatly facilitate the process of registering and running a business, helping you avoid common mistakes and ensure compliance with all legal requirements.

Self-employed persons in Poland have the opportunity to choose different forms of taxation, each of which has its advantages and disadvantages. The choice of the optimal form depends on the specifics of the activity, expected income and other factors.

Key aspects of doing business for the self-employed:

1. Choosing the optimal form of taxation
2. Keeping accounting records
3. Payment of taxes and social contributions
4. Compliance with labor laws when hiring employees
5. Obtaining the necessary licenses and permits (depending on the field of activity)

It is important to understand that a legal analysis of the situation can help to avoid many problems in the future. For example, choosing the right form of taxation can significantly affect the financial efficiency of your business.

1. General rules (tax scale) - progressive rate from 17% to 32%.
2. Linear tax - a flat rate of 19%.
3. Fixed tax amount - for certain types of activities.
4. Tax card - a fixed monthly amount, regardless of income.
5. Single tax on registered income - the rate is from 2% to 17% depending on the type of activity.

The choice of the optimal form depends on the specifics of the business, the level of income and expenses. It is recommended to consult a lawyer or tax advisor to make the most favorable decision.

Extension and termination of a temporary residence permit

Obtaining a temporary residence permit is only the beginning of the journey. It is important to understand the procedures for extending and possibly terminating this permit. A legal analysis of documents at the stage of permit extension can greatly facilitate this process and increase the chances of a positive decision.

To extend the permit, you must submit an application no later than 30 days before the expiration of the current permit. It is important to provide evidence of successful business activities, including financial statements and proof of tax payments.

Reasons for possible termination of the permit:

Expiration of the validity period without submitting an application for extension

Termination of business activity in Poland

Violation of residence conditions or Polish law

Providing false information when applying for the permit

Threat to national security or public order

In case of any problems with your residence permit, consulting a lawyer can help you find the best solution and protect your rights. A lawyer can provide a legal opinion of an attorney regarding your situation and suggest a strategy of action.