In Poland, generally, a person not having Polish citizenship is regarded as a foreigner. This concept is reflected in the Act on Foreigners of 13 June 2003 (Journal of Laws from 2006 No. 234, amended pos. 1694)
According to the Act on Foreigners everyone who does not have Polish citizenship is a foreigner. This is a recent concept and is identical with the concept of a foreign person which functions on the basis of the act of 2 July 2004 on freedom of business activity (Journal of Laws from 2007 No. 155, amended pos. 1095)
It is possible to meet this concept while starting business activity in Poland. Still, on the basis of the Polish regulations, a foreign person is considered as:
1. natural person not having Polish citizenship,
2. legal person with the registered office abroad,
3. organizational unit not being a legal person, having the legal capacity, with the registered office abroad.
It is possible to say that both a foreigner and a foreign entrepreneur are a foreign person.
Categories of foreign persons
The possibility and forms of starting business activity by foreign people in Poland are dependent on the membership in the determined group of countries. It is not a surprise that the current distribution is primarily at first related to coming from the EU (European Union) and the EFTA (European Free Trade Association,) member states - the parties to the European Economic Area contract.
Foreign people from the European Union and European Free Trade Association member states - the parties to the European Economic Area contract (the „EU Citizens”)
EU citizens, i.e. individuals and entrepreneurs, including companies established under the laws of any country outlined in the above title, and at the same time having its registered office within the European Communities may undertake and conduct economic activities on the same terms as Polish citizens. Therefore, in case of a company, the nationality of the Community, not of the state, is a decisive factor.
Taking up and conducting economic activities on the same terms as Polish citizens means that all the rules applicable to Polish entrepreneurs also apply to foreign persons belonging to this group; both provisions of the Act on freedom of business activity, the provisions of the Act of 15 September 2000, the Code of Commercial Companies (Journal of Laws of 2000 No 94, pos. 1037) as well as restrictions arising out of special regulations referring to Polish citizens are applicable.
Citizens of other states than EU Citizens with the determined status
Amongst this group one should distinguish persons with the status specified by the provisions of the Act on freedom of business activity. Having this kind of status specified by regulations enables a foreign person to undertake and conduct the business activity in the Republic of Poland on the same terms as Polish citizens. It means that, in terms of entitlements ,this group of people was made equal with the group of foreign people from the EU (European Union) and the EFTA (European Free Trade Association,) member states - the parties to the European Economic Area contract.
The above mentioned status assures:
• having in the Republic of Poland:
a) settlement permission,
b) residence permit of a long-term resident of the European Communities,
c) fixed time residence permit,
d) fixed time residence permit granted to the member of a family, in the event that the member of a family is residing on the territory of the Republic of Poland or is arriving to Poland in order to join the family,
e) refugee status,
f) supplementary protection,
g) consent to the tolerated stay,
h) fixed time residence permit and marriage with a Polish citizen residing in the Republic of Poland,
i) domestic visa received for a period of granting the permission to settle a long-term resident for the stay proceedings for the fixed time , if before issuing this visa the person was entitled to take and run business activity on the basis of the limited leave to remain,
i) national visa obtained for the period of the procedure of granting the settlement permission/ / a long-term resident of the European Communities for a fixed period if, prior to issuing the visa, they were entitled to take up and pursue economic activities on the basis of a residence permit for a fixed period,
• making use of the temporary protection in the Republic of Poland,
• having the valid Card of the Pole,
• being a member of a family of the European Union citizen.
Detailed terms of acquiring the above statuses are determined by the provisions of the Act on Foreigners.
Other foreign persons
Foreign persons, therefore citizens of other countries than EU Citizens and not having any of the statuses mentioned in the part devoted to citizens of other states than EU citizens ,have a right to undertake and conduct business activity only in the form of :
• limited company,
• limited joint-stock company,
• limited liability company,
• joint-stock company,
and have a right to set up such companies, as well as to posses or purchase their shares.
It is worth noticing that international agreements between individual states and Poland can introduce specific limitations or additional entitlements. Therefore, it is recommended to make sure in the treaty database run by the Foreign Ministry, whether in relation to the given state the international agreement is not in effect:
http://www.msz.gov.pl/Internetowa,Baza,Traktatowa,3995.htmll
As for the members of foreigners’ families, they can also undertake and conduct business activity on the same terms as foreigners, provided they have a fixed time residence permit, (art. 13 sec. 4 and 5 Acts on freedom of business activity).
