FAQ – Frequently asked questions
Check our knowledge base for answers to your questions.
Years on work market
What is the time limit for submission of an application for temporary stay?
An application for a temporary stay permit should be submitted not later than on the last day of legal stay in the territory of the Republic of Poland.
For how long is a temporary stay permit granted?
I have obtained a decision refusing a (temporary, permanent or long-term EU resident) stay permit. What can I do?
I have filed an appeal against the negative decision with the second instance authority. Unfortunately, the decision of the second instance authority is not favourable to me either. Do I have any other options left?
Is it possible to freely cross the border only on the basis on a decision granting a temporary or permanent stay permit in the territory of Poland (paper printout), without a document in the form of a plastic card?
No. All citizens of third countries who are subject to the visa obligation should, when entering the territory of the Republic of Poland, have a valid travel document and a valid visa or a stay card confirming the right to legally enter and stay in Poland.For
Can I travel to other Schengen countries with a stay card?
With a valid stay
On the basis of which type of visa can a foreigner work in Poland?
A foreigner may take up employment in Poland if he/she has a work permit (or a declaration on entrusting work) and has a visa, with the exception of a visa issued for the following purposes:
- tourist – ”01” symbol,
- temporary protection – ”20” symbol,
- arrival for humanitarian reasons, due to the interest of the state or international obligations –“21” symbol.
How can an employer employ citizens of Eastern countries?
An employer who wishes to employ a citizen of Ukraine should register a declaration on the intention of entrusting work at a locally competent poviat labour office. This document will be the basis for the foreigner to apply at the competent consulate for a visa authorizing him/her to enter the territory of the Republic of Poland and start work. This declaration may be also registered for a foreigner who has been already staying in the territory of the Republic of Poland. The said declaration specifies the name of the job, the place of performance of work, the date of initiation and the period of performance of work, the type of agreement that constitutes the basis for performance of work and the gross amount of remuneration for work. After the arrival of the foreigner in Poland (or in the case of a foreigner who has been already staying in the territory of the Republic of Poland) the employer shall sign with the foreigner a proper employment agreement or a civil law agreement and register the foreigner for insurance purposes at the State Insurance Institution (if there exists such an obligation). The conditions specified in the agreement may not be less favourable that those that have been specified in the declaration on the intention of entrusting work.
Can a foreigner who has a visa issued for the purposes of performing work on the basis of a declaration on the intension of entrusting work (“05” symbol) work on the basis of a work permit?
Yes, a visa issued for the “05” purpose entitles foreigners also to perform work on the basis of a work permit.
Can a foreigner start and run a business on the same conditions as Polish citizens?
Foreigners may start and run any form of business permitted in the Polish law. However they must meet certain requirements. Foreigners who can start and run business include migrants who have in Poland:
- a permanent stay permit;
- a long-term EU resident stay permit;
- a temporary stay permit granted to a family member of the foreigner to reunify with the family;
- a temporary stay permit granted on the basis of a long-term EU resident stay permit granted by a member state of the EU other than Poland, if such a person justifies his/her residence in Poland;
- a temporary stay permit granted to a family member of the foreigner who has a long-term EU resident stay permit granted by a state other than Poland and who will justify his/her residence in Poland, if such a family member stayed with the foreigner in another EU member state and wishes to stay together with him/her in Poland;
- a temporary stay permit granted to start or continue full-time higher studies or full-time doctor studies in Poland;
- a temporary stay permit and remain married to a Polish citizen living in Poland (spouses of Polish citizens have the right to run business, which results from the fact of marriage if the basis of their stay is a temporary stay permit);
- a refugee status;
- subsidiary protection;
- a tolerated stay permit;
- temporary protection;
- a valid Pole’s Card.
When does a foreigner have to pay tax in Poland?
Each person who has a place of residence in Poland must pay income tax in this country. What does “to have a place of residence in Poland” mean? A person who has a place of residence in Poland is a person who has “a centre of personal and economic interests” here (for example lives and works in Poland) or is staying in Poland longer than 183 days a year. Such a person is called a tax resident. However if a person has no place of residence in Poland he/she will pay in Poland only tax on income earned in this country.
What is needed for the settlement with the tax office?
A PESEL (Universal Electronic System for Registration of the Population) number is required to be able to make settlements with the tax office. The obligation to have a tax identification number (NIP) applies among others to:
- natural persons who run business;
- legal entities;
- registered VAT tax payers and payers of insurance premiums.
Persons who do not meet these requirements and other conditions specified in the act have been exempted from the necessity of having NIP.
Can a foreign entity open branches or representative offices of his/her company in the territory of the Republic of Poland?
For the purposes of running business in the territory of the Republic of Poland foreign entrepreneurs may (by way of reciprocity unless the ratified international agreements stipulate otherwise) establish branches or representative offices with their seats in the territory of the Republic of Poland. Their establishment by foreign entrepreneurs from member states of the European Union and member states of the European Free Trade Association (EFTA) is governed by the same rules as rules applicable to Polish entrepreneurs.
Does a foreigner have to pay Social Insurance Institution premiums?
Yes. The act on social insurance stipulates that the social insurance obligation does not depend on citizenship, place of residence or stay. However it depends on whether a given person has entered into, in the territory of Poland, an employment relationship with a Polish entity or another agreement that, according to the law, results in the social insurance obligation.
To sum up, mandatory social insurance covers persons who:
- are employees;
- are contractors;
- run business
in the territory of Poland.
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