Temporary stay for holders of PESEL UKR - BUSINESS ACTIVITY

When to apply?

You can submit an application if:

  • you have a PESEL number with UKR status;
  • you intend to stay in Poland for more than 3 months;
  • the main purpose of your stay in Poland is driving business – in the case of a capital company, e.g. a limited liability company, you must hold shares in the company and perform a statutory function
You can submit your application on April 1, 2023 at the earliest.

Remember! Granting a temporary residence permit means the loss of rights under the Act on Assistance to Ukrainian Citizens in connection with an armed conflict on the territory of that state.

Citizens of Ukraine who have arrived in Poland since February 24, 2022 and do not take advantage of this solution will be able to continue to stay legally in the country on the basis of temporary protection. Based on the decision of the EU Council to introduce temporary protection, it is highly likely that the period of stay considered legal, which currently ends on August 24, will be extended accordingly at least until March 4, 2024.

How and where to submit an application?

You do not need to submit an application personal appearance in the office - do not book a visit to the Office. People who have already booked an appointment through inPOL Foreigner Portal will be served. They should bring a printed application form to their appointment Case Handling Module.
  1. Go to the website of the Office for Foreigners Case Handling Module and create an account;
  2. Get information and list of the most common mistakes;
  3. Fill out the grant application temporary residence permit;
  4. Provide in the application cell phone numberto which, after registering the application at the office, you will receive an access code to check the status of the case in inPOL Foreigner Portal;
  5. Print the application form and sign it;
  6. On the first page of the form, add: PESEL UKR;
  7. Send the printed form with attachments post office do Department of Foreigners' Affairs in Warsaw.

How to fill in an application for a temporary residence permit in Poland?

What documents to submit?

  • proposal in 2 copies, completed online in the Case Management Module
  • a certificate of assigning a PESEL number with the UKR status or a declaration of having a PESEL number with the UKR status. In the case of persons submitting applications in person and holding an electronic document confirming identity - diia.pl, confirmation of having a PESEL number with the status "UKR" will be verified via the mObywatel application.
  • 4 Photos,
  • photocopy a valid travel documentand in the absence of a valid travel document - another document confirming identity or a certificate confirming identity and citizenship issued by the consul of Ukraine. In case of doubts as to your identity, you will be asked during the proceedings to submit the original of a valid travel document or other document confirming your identity
  • Appendix 1 to the conclusion - if you are on the board of directors of the companywhich you created or whose shares or stocks you acquired or acquired, run the affairs of a limited partnership or limited joint-stock partnership through a general partner or act as a proxy. If you perform several functions, please submit Appendix 1 to each function listed separately.
Appendix 1 should be signed by a person authorized to represent the company in National Court Register (KRS) or a representative appointed by that person. Then attach the relevant power of attorney to the application.

If you run a sole proprietorship, attach documents confirming that you have:

 If you are a member of the management board or a proxy in a capital company and you hold shares in it, attach documents confirming that you have:

One of the documents you can submit is a resolution of the shareholders awarding remuneration for serving as a member of the management board or an employment contract for performing work as a member of the management board. If you earn income from other sources, you can also submit an employment contract with another company.
An employment contract for performing work as a member of the management board must be signed by a person authorized to conclude contracts with members of the management board - a document confirming this (e.g. power of attorney) must be submitted. Remember that you cannot sign a contract with yourself. If you are the sole shareholder in the company, the resolution granting you remuneration should be drawn up in the form of a notarial deed.

In addition, you will need documents related to your business activity.

First, we will check whether in the year preceding the submission of the application, the company achieved the income required by the Act on foreigners. The required income is 12 times the average gross monthly salary in the national economy announced by the President of the Central Statistical Office. The amount of income is calculated according to the rate in the year preceding the submission of the application, in the province where the entity has its registered office or place of residence.

If your business operated in the previous tax year, you must submit:

  • CIT - 8 PIT for the tax year preceding the submission of the application together with confirmation of posting to the tax office or a certificate from the tax office about the income achieved;
  • certificate of no arrears in the payment of ZUS contributions and from the tax office of no arrears in taxes of your company.

In addition, submit:

  • documents proving that your business was employing at least 2 Polish citizens or foreignerswho have been granted subsidiary protection in Poland, who have refugee status granted in Poland, a permanent residence permit, a long-term resident's European Union residence permit, a residence permit for humanitarian reasons, a tolerated stay permit in Poland, enjoying temporary protection in Poland, being citizens of European Union Member States, a citizen of a European Economic Area country not belonging to the European Union, a citizen of a country that is not a party to the Agreement on the European Economic Area, who may exercise the freedom of movement of persons on the basis of an agreement concluded by that country with the European Community and its Member States for an indefinite period and full-time, min. for 1 year before submitting the application.

Documents indicating the possibility of meeting these conditions in the future:

  • current profit and loss account,
  • current balance sheet of the company,
  • business plan,
  • a statement from the company's bank account, confirming the possession of funds for current operations,
  • concluded agreements/contracts,
  • confirmation of investments made, e.g. VAT invoices, bills,
  • commercial premises lease agreements,
  • employment/order contracts with employees,
  • other financial documents confirming the financial condition of the company.

You submit all documents in original/certified copy.

 If you are a member of the company's management board, but do not own any shares:

If you are a member of the management board of a given company and do not hold any shares in that company, submit an application for a uniform permit for temporary residence and work. In addition to meeting the conditions for obtaining a uniform permit for temporary residence and work, you will have to prove that the company in which you perform the function meets the income conditions. Then submit the business documents referred to above.

You will also need confirmation that you have paid to start the procedure stamp duty.

PAY ONLINE

During the proceedings, inform us of any change related to work, place of residence/correspondence address.

What should I know?

Transfer of data to the verifying person (verification using the mWerizator application)

  1. Selecting the "Forward" function on the bottom menu bar by the Citizen,
  2. On the screen you will see the inscription "Transfer data", select the icon placed under it with the description "To the person verifying your identity",
  3. A list of transferred data will be displayed on the screen.
  4. After selecting "Upload", a QR code will be displayed.
  5. Showing the QR code to the person verifying,
  6. The mVerifier user will see the Citizen's data on his device - names and surname and a low-resolution photo, as well as the date of verification. He can also check the validity of the certificate online.
The permit is granted for a period not longer than 3 years.

You will find the rules for reviewing case files HERE.

I have received a decision - how to obtain a residence card?

We can issue a residence card after including in the document an image of fingerprints that are in the register of Ukrainian citizens who have been assigned a PESEL number. If the image of your fingerprints is not in the register or it is not possible to place them in the residence card, we will inform you about the need to appear in person at the office in order to submit fingerprints.

Wait for an SMS message with the date of receipt of the decision and the card. Remember to inform the Office of any change of residence and contact number.

If you are unable to pick up the card within the specified time, report this fact via the contact form available at here.

Customer reception hours: Monday 10:00-17:30, Tuesday - Friday 8:00-15:00

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FAQ

Where/how to set up a business?

If you want to make an entry in the Central Register and Information on Economic Activity, please contact the City / Commune Office. In Warsaw, the competent person will be:

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What requirements must my business meet in order to obtain a business license?

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