In Poland, while direct investment doesn't lead to residency, owning company shares or becoming a board member does. The company must meet one of these criteria:
This approach intertwines business engagement with strategic goals, offering a distinct route to Polish residency.
- In the prior tax year, earn at least 12 times the average monthly gross salary in its region, as announced by the Head of the National Statistical Office, or employ at least two Polish or certain foreign nationals full-time for a year.
- Show potential to meet these standards in the future, contributing to investment growth, technology transfer, innovation, or job creation.
This approach intertwines business engagement with strategic goals, offering a distinct route to Polish residency.
Poland Residence Permit by Investment in Real Estate
The nature of your company's business activity in Poland isn't crucial for residency or citizenship eligibility. However, you may receive priority if your company focuses on ecological solutions, innovative technology, or other areas vital to the Polish economy. For real estate investments, creating or joining an entity that meets specific requirements is necessary.
In Poland, there are various forms for setting up a business, each with a unique establishment process. These include:
Foreigners can operate a business remotely without needing to legalize their stay or obtain a Polish work permit. However, foreigners actively managing the company in Poland must secure a work permit and have a basis for residency. This framework offers flexibility for international entrepreneurs looking to establish or become part of a business in Poland.
In Poland, there are various forms for setting up a business, each with a unique establishment process. These include:
- Joint Stock Companies,
- Limited Joint Stock Partnerships,
- Limited Liability Companies,
- Limited Partnerships.
Foreigners can operate a business remotely without needing to legalize their stay or obtain a Polish work permit. However, foreigners actively managing the company in Poland must secure a work permit and have a basis for residency. This framework offers flexibility for international entrepreneurs looking to establish or become part of a business in Poland.
Residence Permit in Poland through company formation
Requirement 1: Income
For the first option relating to income for obtaining a Temporary Residence Permit (TRC) in Poland, consider the net amount after deducting costs, as stated in your Corporate Income Tax (CIT) for the previous year (for LLCs). Additionally, provide a current financial statement from your accountant showing this year's income to date. If your company was registered in the current year, the statement should indicate the likelihood of reaching the required income soon. This helps assure the Immigration Office of your company's growth and tax contribution potential.
Requirement 2: two workers with "Umowa o Pracę"
A foreign national can qualify for a residence permit by employing at least two workers, either Polish citizens or certain categories of foreigners, on a full-time, indefinite basis for at least one year prior to the application. This requirement aligns with Article 87 (1) of the Act of April 20, 2004, regarding employment promotion and labor market institutions. The categories of such foreigners are:
- Refugee status granted in Poland.
- Granted subsidiary protection in Poland.
- Holder of permanent residence in Poland.
- Holder of long-term EU resident status in Poland.
- Granted humanitarian stay in Poland.
- Beneficiary of tolerated stay in Poland.
- Under temporary protection in Poland.
- Citizen of an EU member state.
- Citizen of a non-EU EEA state.
- Citizen of a non-EEA state with free movement rights under EU agreements.
Requirement 3: Other proofs that company will follow 1st or 2nd condition soon
A foreign national will be granted residency if they can demonstrate the means to eventually meet the specified conditions, particularly contributing to investment growth, technology transfer, beneficial innovations, or job creation.
Company has to follow the requirement to make you eligible for TRC
When investing in a Polish company, it's vital to ensure the company either meets or is on track to meet certain requirements. Pay close attention to the company's profit, as this is a key consideration for the immigration office. Additionally, be meticulous about the type of contracts your employees are on, as this is another area of strict scrutiny by the immigration office. These officials follow specific directives and focus primarily on these financial parameters, without the business acumen typically associated with an MBA background.
In 2022, an individual applied for a TRC in Wrocław and was rejected. He owned three restaurants and was opening another during his application. He wasn't employing workers from the specified categories and reinvested all profits from his three restaurants into the new establishment. Consequently, his revenue was high, but expenses consumed the profits. To the immigration office, only current financials mattered, not future tax contributions or profits. However, his appeal was successful, as he demonstrated compliance with the third required condition.
In 2022, an individual applied for a TRC in Wrocław and was rejected. He owned three restaurants and was opening another during his application. He wasn't employing workers from the specified categories and reinvested all profits from his three restaurants into the new establishment. Consequently, his revenue was high, but expenses consumed the profits. To the immigration office, only current financials mattered, not future tax contributions or profits. However, his appeal was successful, as he demonstrated compliance with the third required condition.
Poland Permanent Residence by Investment
In Poland, PR or citizenship by investment isn't straightforward in the law. Investing heavily doesn't directly qualify one for these statuses. A more accurate path is running a business in Poland for 5 years, potentially leading to a Long-Term EU residence permit. After an additional 3 years under the same conditions, you may become eligible for Polish citizenship. The total duration for this route is approximately 8 years, provided all requirements are met.
Golden Visa Poland
Poland doesn't have a golden visa program. For short visits up to 90 days, such as tourism or family visits, a C type visa is appropriate. The D type "National" visa, valid up to one year, suits longer stays for work, study, business, or family unification. To open or buy a company, any visa type can be used for entry. You can even process all formalities remotely. Managing a profitable company may qualify you for a Work Permit type B and a D type visa. Our team can offer consultation and help devise a personalized plan for this process.
