Publication date: 28.10.2024
A residence card is a document that confirms a foreigner's right to temporary or permanent residence in Poland. This card can be issued on various grounds, in particular: for work, study, entrepreneurial activity, family reunification or permanent stay. The type of card depends on the grounds on which it is obtained and may have different validity periods. Entrepreneurs can legally do business and live in Poland by registering a business or establishing a company. It also makes it possible to obtain a residence permit (card broken) based on entrepreneurial activity.
Forms of entrepreneurial activity for foreigners, employment in Poland:
- Sole proprietorship: suitable for EU citizens as well as foreigners with a permanent residence permit. It is possible for citizens of Ukraine to open a business after obtaining a residence card or other permits.
- Limited liability company: the most popular form among foreigners, which allows limiting financial liability.
- Joint venture or partnership: A form of partnership where liability depends on the terms of the partnership.
To work legally in Poland, a foreigner needs an employment permit and a corresponding residence permit. A visas to Poland is not always required; foreigners can work, for example, with a residence card or other residence permits.
Business registration procedure:
- Choosing a business form: the most popular option is Spółka z o.o., which allows you to reduce personal liability for the company's obligations.
- Registration with the National Court Register (KRS): Most forms of business require registration with the KRS. For Spółka z o.o. charter and capital (minimum PLN 5,000) are required.
- Submission to the tax service (NIP) and ZUS: for employees and payment of social taxes, it is necessary to register in the tax and social insurance system.
- Opening a bank account: Opening an account in a Polish bank is mandatory for conducting financial transactions.
Obtaining a debit card on the basis of business activity:
- Business plan: Polish authorities may require a substantiated business plan, including evidence of the company's future profitability.
- Submission of documents to the voivodeship office: the package includes an application, passport, proof of income or financial stability, lease agreement or other proof of housing.
- Certificate of income and contributions to ZUS: the company must pay taxes and insurance contributions, which confirms the stability of the business and its benefit for Poland.
Question
What are the advantages and duties of an entrepreneur in Poland?
Respond
The entrepreneur has the right to legal residence (card broken), social insurance, participation in the health insurance program and access to the EU internal market. Instead, it must comply with tax and immigration laws and conduct business under the chosen legal form.
In order to obtain a residence card (temporary residence permit) in Poland, an entrepreneur must fulfill a number of conditions and prepare documents that will confirm his business activity and financial stability.
The main steps and requirements for obtaining a credit card based on business activity:
Preparation of a business plan: it is necessary to draw up a detailed business plan that demonstrates the profitability of the enterprise, the stability of income, as well as the benefit for the Polish economy. A business plan should outline the planned activities, services or goods to be offered, financial projections and potential jobs.
Company registration: a foreign entrepreneur has the right to register several types of companies, the most common of which is Spółka z o.o. (an analogue of an LLC) or a sole proprietorship (if this is allowed in your case). The registration process is carried out through the National Court Register (KRS).
Proof of financial stability: it is important to show the financial capacity of the enterprise. This requires providing financial documents, including: proof of income (e.g. bank statements, profit and loss statements). Tax declarations and reports on tax payments. Documents confirming the company's capital, including account statements.
Submitting an application for a beaten card: after registering a company and preparing a business plan, you can apply for a beaten card at the voivodeship office. The application can be submitted both in person and by mail.
After submitting the application, the voivodship administration may invite you to an interview for additional clarification of business details, sources of income or verification of financial documents. It may also be necessary to provide additional evidence that confirms the feasibility of staying in Poland on the basis of entrepreneurial activity. Consideration of the application may take several months. If the application is approved, you will be issued a residence battered card that will allow you to legally reside and obtain legal work in Poland. It is also important to make sure that your business complies with tax requirements and that you pay the necessary taxes to the Polish budget and are registered in the ZUS social insurance system.
It may also be necessary to draw up a Polish contract (or employment contract in Poland) — this is an official agreement between an employee and an employer that regulates working conditions, duties, rights and social guarantees. It is necessary for legal employment and provides the employee with protection under Polish labor law. To ensure compliance with all requirements and to avoid rejection by the Polish authorities, it is important to consult with a lawyer specializing in immigration law and accompanying the process of filing documents in Poland.
Immigration lawyers can provide valuable assistance to entrepreneurs seeking to legally work and do business in Poland. Here are some of the main ways in which they can be useful:
- Legal advice: lawyers can provide advice on choosing the best legal form for doing business in Poland (for example, sole proprietorship, limited liability company, etc.). They will help you understand all the legal aspects of running a business, including tax obligations, company registration and obtaining all necessary licenses.
- Preparation of documents: lawyers can help with the preparation and preparation of documents for obtaining a residence card, work permit or other necessary documents for legal employment. They can also help with the preparation of a business plan, if this is a condition for obtaining residence permits.
- Support in interaction with state bodies: Lawyers can represent the interests of entrepreneurs in state bodies, such as voivodship administrations, tax services and others. They can help with obtaining all the necessary permits and licenses, as well as accompany the entrepreneur in all stages of the process.
- Adaptation to the Polish market: lawyers can provide advice on adapting a business to Polish conditions, including local laws, market practices and consumer requirements. They will help entrepreneurs to understand how the labor market works in Poland and what opportunities there are for hiring employees.
- International aspects: If the business has international connections or is part of an international company, lawyers can help with all aspects of international law, immigration and cross-border agreements.
Legalization of business activity in Poland is a process that allows foreigners to officially conduct business in the country. Legalization in Poland can be a complicated process, but with the right information and support, it is quite doable.
It is recommended to contact lawyers or attorneys who specialize in migration law and entrepreneurship to get detailed help and advice at every stage. Contacting a migration lawyer of the "Consultant" legal service is an important step for entrepreneurs who want to work legally in Poland. They can provide proper legal support, reduce risks and help in successful business operations, documents for living in Poland.
