Poland does not offer to foreigners coming to Poland for business purposes (including e.g. foreign entrepreneurs or investors) on a special path migration / special program under which Particularly easier entry and legalization of stay would be guaranteed in a systematic way.
A foreigner planning to enter Poland for business purposes must contact Poland a consular or diplomatic mission in the country of residence (or in the absence thereof – in another one third country) to obtain a visa (national or Schengen) in order to conduct business activity – the purpose of issuing “4”.
The conditions to be met when applying for a visa are:
1. electronically registered (via the platform e-Consulate), completed, printed and signed visa application and joining it current photography,
2. payment of the visa fee (if required),
3. having a valid travel document that meets certain criteria,
4. proof of adequate valid travel medical insurance covering at least EUR 30,000 or in the case of a national visa for another insurance health insurance issued by a relevant institution in Poland (e.g. proof of payment of voluntary health insurance in the National Health Fund),
5. presentation of supporting documents:
a. having means of subsistence for entry, stay
and departure from Schengen territory or Poland,
b. readiness to leave the Schengen territory after the visa has expired,
c. purpose of entry, e.g. confirmed entry in the National Court Register notary of the articles of association, a certificate from the tax office about not being in arrears with taxes, documents confirming the financial situation
company, invitation / letter of recommendation from the operator in Poland, the company with which the foreigner cooperates, evidence of running in the past business with Polish companies or entities from other EU countries, financial capital, which a foreigner wants to invest in Poland,
d. other data and information provided in the application visa (e.g. birth certificate, marriage certificate);
6. not configuring the foreigner’s data in the list of foreigners whose stay in Poland is desirable or in the Schengen Information System to purposes of visa refusal,
7. there are no reasons to recognize a foreigner for a person who may violate public order, security or the interests of the Commonwealth Polish or international relations of one from Schengen countries.
The following may apply for a visa issued for the purpose “4” foreigners who:
• are abroad and do not yet have one legalized stay in Poland, but they already have a company registered in the National Court Register in Poland (e.g. via the Internet or by proxy),
• are staying abroad, do not yet have a legalized stay in Poland and are just about to intend invest / run a business in Poland (they don’t have a company yet). Importantly, in both cases, the foreigner must prove his intention and justify the need to enter Poland and the final decision, whether the evidence provided is sufficient to to issue a visa, take the consul. Consul when making visa application analysis also takes into account local conditions in the country of origin.
For these reasons, it is therefore impossible to indicate a closed catalog of documents confirming the purpose of entry to Poland necessary to obtain Polish visa, and hence the catalog of criteria, which the consul is guided by when issuing visas for business purposes. Their nature and number may vary depending on the situation of the applicant and may, for example to depend on:
• whether the foreigner has already operated business in his / her country of origin (ma experience in this area) or not, as well as from what is the financial condition of the company,
• whether he has already established commercial relations with Polish / foreign partners or not,
• whether the foreigner’s country of origin is considered to be for a country of high migration risk or not.
The situation is slightly different in the case of Schengen visas, the issuing of which is harmonized and regulated by the Community Code on Visas. Therefore, the foreigner applying apply for a type C visa is required to present documents related to the purpose travel listed in Annex II to the CCA.
In addition, the European Commission issued due to the special local conditions in over 30 countries 15 decisions on the specification of the list of supporting documents required in the procedures visas in these countries, which means that a foreigner applying for a visa at the establishment located in one of these countries, must provide the documents that are included in this list.
Consuls therefore benefit from a relatively large amount autonomy in the issuing of visas, especially with regard to national visas and can facilitate – in the mode individual and depending on the circumstances – entry people declaring their willingness to engage in business in Poland.
Regardless, the MFA is trying to introduce ad hoc solutions that improve service, including entrepreneurs and investors from countriesfrom outside the EU, such as:
• expanding the network of consular posts, e.g. in the context of China, work is underway to launch the Reception Points network
Visa applications and to appoint a new one a consulate in central China, and for Tajik citizens who are in trouble with a trip to Uzbekistan (the relevant consular district), the concept of frequent arrivals to Dushanbe of the consul from Tashkent, with a mobile the consular position he would accept visa applications and fingerprints (citizens of Tajikistan can also apply for a visa in Polish branches in Ankara and Islamabad, where they enter in a visa-free regime);
• introducing organizational solutions, including e.g. increasing the limits of available datessubmission of a visa application, application procedure non-standard i.e. special procedures for reliable / serious / desirable businessmen / entrepreneurs / investors (dependent on local conditions, the consulate’s “capacity”, arrangements under local Schengen cooperation etc.) – applicants are admitted out of order and / or without having to register in the system e-consulate, which is often blocked by travel companies and their meetings are arranged by e-mail via a consular inbox, which personally supports the consul, visas are issued in an accelerated mode, e.g. within one day, and in the case of confirmation from Polish contractors planning long-term cooperation, Schengen visas with several years are issued importance. Such solutions were introduced by offices consular / consular agencies in:
◦ Nigeria (Abuja), whose consular district covers 10 countries: Nigeria, Benin, Ghana, Equatorial Guinea, Cameroon, Liberia, Sierra Leone, Togo and Ivory Coast) and other North African countries,
◦ Iraq (Irbil),
◦ India,
◦ Russia and Ukraine – in addition, in context introduction of the Information System in 2015
Visa in these countries, which will require personal appearance for submission fingerprints in the procedure of obtaining visas Schengen, the possibility of launching a special VIP path at Points is being considered Accepting Visa Applications (handled by an external company on a policy basis outsourcing) based on hosting applying people in special salons, where they will be able to submit visa applications and fingerprints out of order.
However, it should be remembered that the above solutions (including procedural facilities) are not implemented in a systemic way, as is the case in some EU countries that have introduced special migration programs dedicated to people migrating for business purposes.
The duration of the entire visa procedure varies depending on the country in which the foreigner applies apply for a visa. The average duration of the procedure is about a month. It is worth adding that due to the increase over the past months among the citizens of Ukraine interest obtaining Polish visas, waiting time for submitting the visa application at consulates in Ukraine it currently lasts up to several months, which significantly extended the duration of the entire visa procedure.
Visas, in principle, do not extend, therefore, when its validity expires, the foreigne should apply to the voivode for granting temporary residence permit in connection with the circumstance described in art. 142 of the Act of December 12 2013 on foreigners (residence permit for the purpose of conducting business activity), which is the basic form of legalization of stay in Poland for migrant foreigners for business purposes. Stay based on this
permits can legalize above all foreigners who:
• conduct business activities in the form limited partnership, limited joint-stock partnership, joint-stock company and limited liability company, or
• acquired or acquired shares in a joint-stock company or a limited liability company.
