Are you starting a business in Poland with a non-EU passport? To legally manage your company as a board member, you will need a special Type B work permit. We’ll explain how to get it and who needs it.
Type B Work Permit for Board Members
A Type B work permit (zezwolenie na pracę typ B) is a special permit for foreigners serving on the management boards of Polish companies. Its requirements differ from those for regular employees. The authorities assess whether appointing a foreigner will harm the local labor market. The permit is issued for a maximum of 3 years and serves as a basis for obtaining a national visa.
Deadlines, Company Roles, and Consequences
A company must ensure that all its foreign board members (who are not exempt) have a Type B permit within 6 months of their appointment. Failure to comply can result in heavy fines for both the company and the board member, as well as deportation.
It’s crucial to distinguish between roles:
- Board Member (Członek zarządu): Manages the company, holds legal responsibility. Needs a Type B permit.
- Director (Dyrektor): Often a hired employee, may not be on the board. Needs a Type A permit.
- Founder/Shareholder (Wspólnik): Owns shares in the company. Ownership itself does not require a work permit.
The same person can hold multiple roles, but each function requires its own legal basis for work.
Who Doesn’t Need a Type B Permit?
You do not need to obtain a permit if you:
- Have a permanent residence permit in Poland (stały pobyt).
- Have an EU long-term resident permit.
- Have a residence permit for humanitarian reasons.
- Benefit from temporary protection in Poland (e.g., UKR status).
- Have a Poland Business Harbour visa.
- Are a citizen of an EU, EEA country, or Switzerland.
In all other cases, obtaining a Type B permit for a board member is mandatory.
How to Obtain a Type B Permit?
The Type B permit is issued by the voivode (regional governor) corresponding to the company’s registered address. The application is submitted by the company (the employer) to the voivodeship office (Urząd Wojewódzki).
Required Documents
- A completed application form from the company.
- A copy of all filled pages of the foreigner’s passport.
- Company documents: a current extract from the KRS (National Court Register), articles of association.
- Proof that the company meets specific requirements: e.g., achieving a certain income level or employing a required number of people in the year preceding the application.
- Proof of the foreigner’s health insurance.
- Receipt for payment of the stamp duty.
Simplified Procedure
The process is simplified (the “labor market test” or opinion from the starosta is not required) for the following applicants:
- Foreigners who have been legally and continuously residing in Poland for the last three years.
- Foreigners who graduated from universities in Poland, the EU, or Switzerland no more than three years before applying.
- Citizens of Eastern Partnership countries (Ukraine, Belarus, Moldova, Georgia, Armenia).
Submission and Conclusion
Documents can be submitted in person at the voivodeship office or online via the praca.gov.pl portal. The processing time is typically 2 to 4 months. Obtaining a work permit for a board member is a key step for legally and safely conducting business in Poland.
If you would like more information or have any questions, please contact our managers for a prompt consultation: office@progressholding.pl
