Your Own Business in Poland and the Residence Card: What You Need to Know?
Many of you, foreign nationals, upon starting your adventure in Poland, decide to take up employment based on an employment contract. You then hold a so-called single permit for temporary residence and work, documented in your residence card.
But what if, after some time, an idea for something more emerges? A dream of independence, flexibility, or simply realizing your own business? More and more of you are deciding to establish a sole proprietorship (JDG). This is a great direction, but it raises an important question: do I need to apply for an entirely new residence card?
The short answer is: Yes, you do!
Let’s elaborate on this and explain why.
Single Permit for Temporary Residence and Work – What Does It Mean?
Your current residence and work permit is “single” because it combines permission for legal stay in Poland and permission to undertake work – but under specific conditions. It is usually issued based on an application submitted by a specific employer and pertains to work in a defined position. This means that the purpose of your stay is closely related to performing that specific job.
End of Employment Contract = Change of Purpose of Stay
When you cease working for a given employer, the purpose of your stay for which you received the permit ceases to be valid. What’s more, establishing a sole proprietorship (JDG) is a completely new, different purpose of stay in Poland – running a business activity.
What You Need to Do Step-by-Step?
- Notify the Voivode of the termination of employment:
- You have 15 working days from the date of employment termination with any of the entities entrusting the performance of work listed in the permit.
- The notification must be in writing and addressed to the Voivode who issued your permit. Failure to comply with this obligation may result in the revocation of the permit.
- Please remember that from June 1, 2025, the employer also has an obligation to notify the Voivode within 15 working days of changes concerning the employer or the cessation of meeting the requirements for granting the permit.
- Establish a sole proprietorship:
- Register your company in the Central Register and Information on Economic Activity (CEIDG).
- Please note that, as a rule, foreign nationals from outside the EU/EEA cannot run a sole proprietorship, partnership, or general partnership, unless they hold a status that enables them to do so (e.g., permanent residence permit, long-term EU resident permit). Otherwise, they may conduct business in the form of a limited partnership, limited joint-stock partnership, limited liability company, simple joint-stock company, or joint-stock company.
- Submit an application for a new temporary residence permit for the purpose of conducting business activity:
- This is a crucial step! You must apply for an entirely new permit, using a new application form.
- Remember to do this while your current stay is still legal (e.g., before your current residence card expires).
- Submitting a complete application on time ensures the legality of your stay in Poland until a decision is issued.
What documents will be needed for the new application?
The list of documents for a temporary residence permit for the purpose of conducting business activity is extensive and requires careful preparation. You will need, among others:
- A completed application form.
- A valid travel document (passport) and its photocopies.
- 4 current color photographs.
- Proof of payment of stamp duty.
- Documents confirming your stable and regular source of income (e.g., PIT from the previous year, ZUS certificate of no arrears in social security contributions, and a tax office certificate of no tax arrears for your company). The required income of your company in the year preceding the application should not be lower than 12 times the average monthly gross salary in the voivodeship where the business is based.
- Proof of health insurance within the meaning of public health care financing regulations or confirmation of coverage of treatment costs by an insurer.
- Documents confirming secured accommodation in Poland.
- Documents related to your newly established business activity (e.g., current printout from CEIDG or KRS, resolution of shareholders granting remuneration if you hold a management position in a company).
Important Difference! Change of Employer vs. Change of Employment Form
It’s important to remember: if you change employers but continue to work under an employment contract, you usually do not need to apply for an entirely new residence card. It is sufficient to submit an application for a change of the single permit for temporary residence and work, updating the employment conditions. In this case, your residence card remains the same; only the decision on which it was issued changes. However, transitioning to a sole proprietorship (JDG) is a fundamental change in the purpose of stay, which requires an application for an entirely new permit.
With Us, Your Business in Poland Starts Without Problems!
Establishing your own company in Poland is a big step, and legal complexities can be overwhelming. If you need professional support in legalizing your stay and running a business activity, the Laut team is at your disposal. We specialize in comprehensive legal and administrative services for foreign nationals who plan to establish and develop their business in Poland.
Contact Laut today, and we will help you navigate the entire process smoothly and stress-free. With us, you can be sure that all formalities will be completed correctly, and you will be able to focus on what matters most – growing your company!
