Immigration department

Business immigration to Schengen

Business immigration to Poland and EU

We are happy that you came across our organization. Among services we provide you may find business immigration advice rendered by CGO Legal alongside with CGO Immigration Services. Below you may find relevant information on business immigration in general, costs associated, procedure and expected timeframe. Should you wish to learn more about our group see: www.cgogroup.pl.

Business immigration – what it is?

Business immigration may be understood as legalization of stay on the basis of business activity conducted within the territory of EU. Typically it requires investor to (a) incorporate a business entity, (b) invest certain amount of money to operate a business, (c) formally relocate to Poland.

Company formation

To start the whole process you will need to incorporate a business entity. Please feel free to request a separate brochure to learn more about the process. Business formation is a matter of 3000-5000 EUR depending on circumstances. You will need to have an office (although it may be a virtual one), proper accounting and business idea on how to make money. We can help you plan your actions but you have to play an active role.

Money investment

Long term business immigration requires certain investments – both corporate and private. Apart from costs of procedure you will have to cover business running costs (accounting, expenses) and living costs (apartment, health and social insurance). By law – you need to prove to the government that your activity is beneficial to the national economy. And these are not empty words – fortunately, during first year you just need to have good business plan and sound idea how you will run your business so that you will meet the above criteria in future.

How much money do you need? As per your business – at least 12500 EUR of initial investment is recommended. You will spend it on the running costs, office, contracts, employees. Privately – depends on how much you spend – it is possible to make a living for 500 EUR per month, however to maintain a decent standard of living – at least 1000 EUR is required. Do not worry – we will assist you with everything.

Relocation to Poland

Frequently asked question – do you need to relocate to Poland to get your card? Rule is that you have to – during the verification procedure it will be checked whether you reside in Poland (this will be done by the police and border guard). As soon as the card is issued you are allowed to travel to and out of EU zone. If you have Schengen visa, you are allowed to leave Poland before the procedure is finished.

Procedure

  • Opening of a company (see separate brochure) – personal visit to Poland required, incorporation is usually completed within couple of weeks;
  • Immigration application – fixing date for the appointment at immigration office (currently up to a month)
  • Meeting at the immigration office – as of that date you are legally entitled to stay in Poland due to the immigration procedure – your fingerprints will be collected, a stamp in passport granted. Your procedure has just started and you will be evaluated by the authorities. Now you need to work on:
  • Business justification – preparation of business activity/ help in business operations – business plan / contracts / operations / employment
  • Private issues – health insurance arrangement; proof of living address arrangement; individual bank account opening;
  • Immigration decision (usually around 6 months starting from point 3) – now you are EU resident having a temporary business residency for up to 1 / 1,5 years. Our job is done.

What about extenstion?

First of all, it needs to be highlighted that if you already applied and got your residency you need to prepare for extension procedure. The annual income generated in the fiscal year preceding the submission of the application for extnesion of temporary stay permit, should be no less than 12 times the average salary in the voivodeship of its registered office or fixed abode. For the purpose of this calculation the amount from the third quarter of the year preceding the submission of the application is taken. It is announced by the Head of the Polish Central Statistical Office.

This factor should be taken into consideration when choosing the voivodeship of the registered office. For instance, if we were to compare the figures from the first quarter of 2014, then in the Mazowieckie Voivodeship the income should be no less than 59 772 PLN, whereas in Warmińsko-Mazurskie Voivodeship – only 39 732 PLN. On top of that, it is worth noting that the permit in question can be applied for even when the business activity is only about to start. According to the Foreigners Act, it is sufficient for the entity to show that he or she owns ample funds for meeting the prerequisites in future or is undertaking actions directed at meeting the prerequisites in future.

In case none of the above proves feasible – neither proving the income generated in the fiscal year preceding the submission of the application, nor showing the funds sufficient for meeting the prerequisites in future – the permit can be still applied for on different basis.

The temporary stay permit for conducting business activity is also granted when the company has employed at least two employees (Polish citizens or foreigners legally working in Poland) on full-time terms for indefinite period, for at least one year preceding the submission of the application.

It is also worth acknowledging that the temporary stay permit for conducting business activity is granted to those foreigners, whose aim of staying in Poland is to perform work in form of holding a position in board of directors of a limited liability company or a joint stock company that was either set up by them, or which shares or stocks they acquired or purchased.

In case you do not have a company through which you could run business activity in Poland yet, you can find all the relevant information in the Corporate Department tab. Furthermore, should you be interested in a ready-made product, consisting of both – an offer of setting up a company and submission of an application for a temporary stay permit for conducting business activity, please do not hesitate to contact our Immigration Department.

Apart from examining the prerequisites for submitting the applications in question, CGO law firm prepares and submits them. Additionally, we represent the applicant in all stages of the administrative proceedings and assist in gathering the necessary documentation.

 

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