we often get a question about possibility of running a company by foreigner in Poland. Is it possible?
The answer is – YES.
The foreigner can run his own business in Poland. Unfortunately only under some conditions.
According to provision 142 of Foreigners Act Temporary Residence Permit to run a business is granted, if the purpose of the foreigner in Poland is running the company.
What kind of conditions the foreigner has to fulfill?
The foreigner has to have:
- health insurance;
- source of stable and regular income;
- the permission of the right authority if it is demanded.
The foreigner should also have a place to live in Poland (proof is for example tenancy agreement).
Finally, the foreigner, who runs his own business should – in a tax year before filing an application – have income, which cannot be lower than twelve average monthly remunerations in voivodeship when the company has a settlement. The alternative is employing – for an indefinite contract – two employers (it doesn’t matter if they are foreigners or polish citizens) in a period of at least one year before filing an application.
What happens, when the foreigner does not fulfill these expectations?
Well… he has to prove, that he has money, which will let him fulfill the conditions above or that he is undertaking some actions, which will let him fulfilling these conditions. For example – this type of proof is an agreement signed with business partner.
The regulations above can be also applied to a company made by a foreigner – for example a limited liability company. It concerns also the situation when the foreigner is only a shareholder in the company.
A foreigner in a management board or a foreigner – general partner of a company
Temporary Residence Card is also granted to a foreigner who is in the management board of a company (limited liability company or a joint-stock company (which the foreigner is a shareholder). It concerns also the foreigner – general manager or a proxy in a company.