Is it possible to keep running one’s own business in Poland or to move one’s business to Poland?

The existing regulations provided for the issuance of a visa for the purpose of conducting business activity or a temporary residence permit for the purpose of conducting business activity in a situation where the foreigner stayed in the territory of the Republic of Poland.

A temporary residence permit for the purpose of conducting business activity is issued by the voivode competent for the place of stay of the foreigner, if the requirements specified for the declared purpose of stay have been met.

Detailed conditions for issuing a temporary residence permit for the purpose of conducting business activity are specified in Art. 142-150 of the Act on Foreigners. A temporary residence permit for the purpose of conducting business activity does not exempt from obtaining additional permits in the case of regulated activity.

By the Council Implementing Decision (EU) of 4 March 2022, a special type of temporary protection was introduced for:

1. Ukrainian citizens residing in Ukraine before February 24, 2022;

2. stateless persons or third-country nationals other than Ukraine who, before 24 February 2022, were enjoying international protection or equivalent national protection in Ukraine;

3. family members of these people.

The decision covers displaced persons who had to leave Ukraine from February 24, 2022.

The Act of March 12, 2022 on Assistance to Citizens of Ukraine in Connection with the Armed Conflict in the Territory of that State covers Ukrainian citizens who, in the period from February 24, 2022, came to the territory of the Republic of Poland from the territory of Ukraine in connection with hostilities conducted on the territory of that state. the territory of that state, and citizens of Ukraine who have the Polish Card, who, together with their immediate family, came to the territory of the Republic of Poland due to these hostilities. Temporary protection also covers persons who do not have the Ukrainian citizenship of the spouse of a Ukrainian citizen, provided that they came to the territory of the Republic of Poland from the territory of Ukraine in connection with hostilities conducted on the territory of that state, as well as children born on the territory of the Republic of Poland by a mother who is referred to above. a person (i.e. is a citizen of Ukraine who came to the territory of the Republic of Poland from the territory of Ukraine in connection with hostilities conducted on the territory of that state, or a citizen of Ukraine holding a Pole’s Card, who came to the territory of the Republic of Poland with the closest family due to these hostilities, or is a person without Ukrainian citizenship, the spouse of a Ukrainian citizen, provided that she came to the territory of the Republic of Poland from the territory of Ukraine in connection with hostilities conducted on the territory of that state).

This law specifies in detail the rules and procedures for assistance provided to Ukrainian citizens, their spouses and children.

According to Art. 23 of the special act, Poland adopted a solution according to which Ukrainian citizens whose stay is legal within the meaning of the special act or the act on foreigners (they have a temporary residence permit, etc.) may undertake and conduct economic activity in the territory of the Republic of Poland on the same terms as Polish citizens. The condition is to have a PESEL number.