How to Get a Residence Permit in Poland via Business?

• Can foreigners get a residence permit in Poland by opening a business?
• Main categories of foreigners who can get a residence permit through business
• Process of obtaining a residence permit
• Obtaining a Residence Card after company registration in Poland
• Required documents for obtaining a residence permit
• Obtaining a residence permit via a sole proprietorship in Poland
• Obtaining a residence permit via a company in Poland
• Conclusion

Poland is an attractive country for doing business, offering foreigners the opportunity to obtain a residence permit by establishing and successfully developing their own company. This is one of the most popular immigration pathways to Poland, but it requires thorough preparation and meeting specific conditions.

Can foreigners get a residence permit in Poland by opening a business?

Obtaining a residence permit based on entrepreneurial activity is regulated by the Foreigners Act (Ustawa o cudzoziemcach). The industry doesn’t matter—any type of business is suitable. The key condition is that the activity must be genuine, generate income above Poland’s average salary, and have growth potential. Regarding initial investments, there is no threshold for sole proprietors, while for companies, it is 5000 zł.

Main categories of foreigners who can get a residence permit through business

The main categories include:

• Sole proprietors – Starting a business as a sole proprietor is one of the most popular ways to obtain a residence permit. It involves self-managing the business with full responsibility for its operations.
• Shareholders (founders) of companies – Foreigners who are founders or shareholders of Polish companies (sp. z o.o. or S.A.) can apply for a residence permit if their contribution to the company is significant, documented, and the company meets specific requirements.

Process of obtaining a residence permit

1. Obtaining a visa and arriving in Poland.
2. Signing a rental agreement, obtaining a PESEL number, and registering for Profil zaufany.
3. Choosing a business direction and registering a company or sole proprietorship.
4. Starting the business operations.
5. Gathering the required package of documents.
6. Submitting documents to the voivodeship office and providing fingerprints.
7. Waiting for a decision.
8. In case of a positive decision – obtaining a Residence Card.

Obtaining a Residence Card after company registration in Poland

After registering a company, a foreigner must apply for a residence permit at the voivodeship office. The process takes some time, so it’s wise to prepare in advance and gather all necessary documents. Upon a positive decision, the foreigner will receive a Residence Card—a plastic card confirming their right to stay in Poland.

The Residence Card is typically issued for 1 to 3 years and must be renewed by reapplying for the card. Renewal is possible if the company continues to operate successfully and complies with legal requirements. The renewal application should be submitted to the voivodeship office several months before the current card expires, assessing the business’s financial stability, job creation, tax payments, and other factors demonstrating economic benefits for Poland.

Required documents for obtaining a residence permit

The list of documents may vary slightly depending on the situation but usually includes:

• Application for a Residence Card.
• Passport and its copies.
• Photographs.
• Documents confirming company registration in Poland (KRS, NIP, REGON).
• Documents proving the company’s financial stability (financial reports, bank statements).
• Proof of residence in Poland (rental agreement, property deed).
• Health insurance.
• Police clearance certificate.
• Documents proving sufficient funds for living in Poland.

Obtaining a residence permit via a sole proprietorship in Poland

If a foreigner is eligible to start a sole proprietorship (JDG) in Poland, this can be a way to obtain a residence permit based on business. Only specific categories of foreigners can register a JDG: Ukrainian citizens, holders of PBH visas, residence permit cards, Pole’s Cards, permanent residence, refugee status, and in some other cases.

The application for a Residence Card can be submitted immediately after opening a JDG. If the visa allows, it’s recommended to operate as a JDG for a few months to demonstrate real activity. If the visa expires, documents can be sent by mail or submitted at the office. While awaiting a decision, the JDG should engage in real business activities: issuing invoices, signing contracts, and paying taxes.

The basic document package is the same as for other bases:

• application forms;
• photographs;
• rental agreement;
• state fee payment.

Additional documents should confirm that the JDG is an active business with an income of approximately 6200–6400 zł per month (the amount varies by voivodeship and changes annually). These include:

• CEIDG extract confirming JDG registration;
• contracts with clients (in Polish);
• invoices for all months of operation (if over a year, for the last 12 months);
• proof of tax and ZUS contribution payments (obtainable from an accountant);
• bank statement showing funds for business operations (for personal accounts, only business-related transactions);
• tax office certificate of no tax arrears;
• ZUS certificate of no contribution arrears (issued no earlier than one month before submission).

Important: JDG typically doesn’t require a business plan, but some voivodeships may request a description of activities in a short questionnaire.

Obtaining a residence permit via a company in Poland

Obtaining a residence permit through company registration is more complex than a JDG, requiring a larger number of documents. If starting a JDG and successfully running a business in that form is an option, it’s worth considering.

However, opening a company in Poland for a residence permit is possible—it just requires more documents proving real activity and stable income. The basic document package remains the same:

• application forms;
• photographs;
• rental agreement;
• state fee payment.

Additional company documents include:

• proof of company registration (registry extract, articles of association, founding agreements, etc.);
• certificates from the tax office and ZUS of no arrears;
• tax declarations;
• bank statements;
• annual financial report;
• contracts with clients (in Polish), invoices;
• certificates of salary payments to employees, board members, and shareholders;
• certificates of ZUS payments for all employees;
• documents proving the employment basis for all staff;
• office rental agreement;
• accounting service agreement (if no in-house accountant).

The key is to document that the company is operational and profitable. If the company has been active for over a year, documents for the previous calendar year are required—minimum profit is 74,000 zł (varies by voivodeship). No business plan is needed then. If the company is less than a year old, a business plan justifying profitability is required.

There are also two alternatives:

1. Employing at least two Polish citizens—eliminating profit and business plan requirements.
2. Proving the company invests in technology transfer, creates jobs in Poland, and boosts national investment.

Conclusion

Obtaining a residence permit in Poland through starting a business is a viable option but requires serious preparation and meeting specific conditions. It’s essential to thoroughly understand legal requirements, ensure the company’s success, and prepare a complete document package. Consulting an immigration lawyer is recommended if needed.

For more information or if you have questions, contact our managers for prompt consultation: office@progressholding.pl.