Immigration rules for foreign companies and obtaining  visas for employees in Poland

Immigration rules for foreign companies and obtaining visas for employees in Poland

Immigration rules for foreign companies and obtaining visas for employees in Poland

Immigration of companies to Poland can have different reasons and forms. Some companies relocate production or business to Poland to take advantage of more favourable conditions such as low taxes, access to the European market, low wages and access to technical staff. Other companies may relocate to Poland, to discover entrepreneurial opportunities and sectors in Poland, or to establish close relationships with local customers or partners.

The procedure for immigrating companies to Poland may vary depending on the ownership of the company and the type of business. In general, such companies must undergo the procedure of business registration in Poland, registering with the Polish company registry and obtaining the necessary permits and licences for their activities. In addition, companies must comply with Polish law and tax requirements.

In general, Poland is a fairly immigrant-friendly country and the government is keen to attract foreign companies to its market. However, the process of immigrating companies to Poland can be quite complicated. If you have plans to move your company to Poland, we always recommend consulting with professional lawyers or business advisors.

Immigration rules for companies

There are various rules and requirements for foreign companies that want to immigrate to Poland. The most popular ways of immigration for foreign companies that want to do business in Poland are opening a branch or subsidiary in Poland, as well as opening a new company in Poland.

For the procedure of registering a business in Poland, the following requirements must be fulfilled:

  1. Company registration: A foreign company must undergo business registration in Poland.
  2. Bank account: The company must have a bank account in Poland to receive and transfer funds.
  3. Tax obligations: The foreign company must register with the Polish tax authorities and submit tax returns in accordance with Polish law.
  4. Work visas: Managers and employees who plan to work in Poland must obtain the appropriate work visa and work permit.
  5. Compliance with legislation: A foreign company must comply with Polish law in relation to labour relations, taxes and other laws that regulate the company’s activities.

Also, certain preferences may be granted to foreign companies in terms of taxation, investment support and other business incentives.

Rules for hiring employees in a foreign company in Poland

In Poland, there are certain rules for foreign companies that employ foreign nationals. Some of these rules include the following:

  1. Appropriate documents must be obtained. Foreign employers must obtain mandatory work permits in Poland for their foreign employees.
  2. Compliance with the terms of the labour contract. Companies must comply with the terms of labour contracts concluded with foreign workers and fulfil obligations related to wages and work.
  3. Payment of taxes and contributions. Foreign companies must pay taxes and contributions in accordance with Polish law.
  4. Compliance with work and safety standards. Employers must provide workplaces that meet the health and safety standards of the relevant legislation.
  5. Respect for workers’ rights. Companies must also respect the rights of their employees in accordance with Polish law.
  6. Availability of appropriate licences and certificates. Foreign companies engaged in special activities must have appropriate licences and certificates issued by the Polish regulatory authority.
  7. Making compulsory social security contributions. Companies must make mandatory social security contributions for their foreign employees in accordance with Polish law.

By following these rules, foreign companies can legally employ foreign nationals in Poland and run a successful business in the country.

Visas for foreign workers

There are several types of work visas for foreign nationals in Poland:

  1. Temporary work visa (visa typu C) – intended for foreign nationals who come to Poland for a period not exceeding 6 months. With this visa you can officially work only in a certain company specified in the documents.
  2. Quota work visa (z kwotą) – issued for 1 year, can be extended. Every year the government sets a limited number of such visas. The number of quotas may vary depending on the labour market conditions. To obtain such a visa, a candidate must first obtain a job offer from a Polish employer and then a work permit.
  3. Work visa for highly skilled workers (dla wysoko wykwalifikowanych pracowników) – issued for a period of up to 3 years. To obtain it, you need to have higher education, work experience and a job offer.
  4. Visa for company representatives (wiza dla reprezentantów przedsiębiorstw zagranicznych działających na terytorium RP) – issued for a period of up to 1 year for foreign nationals who are to represent the interests of their company in Poland.

In addition, EU citizens do not require a visa to work in Poland and are free to work and cross the border without a visa.

Permit to work in Poland

In order to work in Poland, foreign nationals must have the appropriate permit. There are several types of permits, or types of documents authorising employment:

  • S-type work permit (seasonal work permit and a certificate confirming that it has been obtained).
  • Declaration of intent to employ a foreigner.
  • Work permit (voivodeship invitation, literally translated as work permit).
  • Single residence and work permit (work permit card).

Work permits in Poland are issued to foreign nationals who have a legal basis for staying in Poland, including for education, foreign students or graduates of higher education institutions coming to Poland for internships, as well as foreign company owners and investors wishing to invest in Polish business. In order to obtain a work permit in Poland, it is necessary to submit documents confirming the applicant’s speciality and qualifications, as well as medical insurance, a bank account and a criminal record certificate.

Documents for obtaining a work permit in Poland

To obtain a work permit in Poland, the following documents must be submitted:

  1. Application for a work permit in Poland (wniosek o wydanie zezwolenia na pracę).
  2. Passport with a visa (for citizens requiring a visa to enter Poland).
  3. A document confirming the purpose of stay in Poland (e.g. a contract with an employer). 4.
  4. Document proving education, professional qualification or work experience (e.g. diploma, certificate of qualification, labour book).
  5. Medical certificate (valid for the last 3 months).
  6. Criminal record certificate (dowód niekaralności) from the EU electronic database or from the country where you have lived for more than 6 months during the last 5 years.
  7. Address of registration in Poland (in Pelny Wypis z Rejestru Miejscowości) or a document proving the availability of accommodation (usually a rental agreement).
  8. 4 photographs of size 3.5×4.5 cm.

We always recommend that you check additional requirements with the Polish consulate in your country and/or with the employer who employs you.

The process of registering a business in Poland, as well as its management is quite labour intensive, but in principle, if an entrepreneur approaches the issue correctly, there should not be any special problems. If you want to open a business in Poland, as well as save time and effort, it will be better to turn to specialists who are well versed in all stages of company creation and know the local legislation. Our company is ready to help you at any stage. If you still have questions or would like to receive additional advice on this topic, please contact us at office@progressholding.pl.

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