How can a foreign national set up a business in Poland?

In this article, you will learn how a foreign national can set up a business in Poland. We analyse the situation for foreign nationals from various countries in 2024!

Setting up a business in Poland as a foreigner – when is it possible?

Let’s start with the most important issue: the answer to the question ‘Who can set up a business in Poland? (apart from Polish citizens, of course). Here is a list of such people:

• Citizens of the European Union and of countries belonging to the European Economic Area (namely Norway, Iceland and Liechtenstein);
• Citizens of the USA and the Swiss Confederation;
• Ukrainian citizens legally residing in Poland who hold a PESEL number;
• Spouses of Ukrainian citizens who have come to Poland from Ukraine as a result of the hostilities;
• Citizens of other countries who hold a valid residence permit in Poland entitling them to do so.

Running a business in Poland by foreign nationals – citizens of the EU, the EEA, the US and the Swiss Confederation

Citizens of the European Union, the European Economic Area, the United States and the Swiss Confederation may, without hindrance, set up any business (including a sole trader) or any company in our country. They do so under exactly the same rules as Polish citizens.

They also have the right to set up a Polish branch of a foreign company or its representative office, as well as to provide cross-border services.

Setting up a business by a Ukrainian national in 2024

Ukrainian citizens who are legally resident in Poland and hold their own PESEL number currently have similar opportunities.

It is also very important to note that spouses of Ukrainian citizens may also set up any business in Poland.

However, this is conditional on having arrived in Poland as a result of the hostilities currently taking place on Ukrainian territory.

How can a foreign national set up a business in Poland? Citizens of other countries

Citizens of countries other than the EU, the EEA, the USA, the Swiss Confederation and Ukraine may, however:

• Set up a sole trader business or any commercial company in Poland, but only if they hold the appropriate residence permit;
• Set up a limited partnership, a limited partnership with a share capital, a limited liability company, a simple public limited company and a public limited company in Poland;
• Become partners in limited partnerships, limited joint-stock partnerships, limited liability companies, simple public limited companies and public limited companies, and acquire and subscribe for shares in these companies;
• Establish a branch of a foreign business in Poland, provided that ratified international agreements do not preclude this.

What type of residence permit does a foreign national need in order to set up any type of business in Poland?

• A permanent residence permit;
• A long-term resident’s residence permit for the European Union;
• A temporary residence permit, granted on the grounds of family reunification with family members lawfully residing in Poland, for the purposes of higher education or to conduct scientific research;
• Refugee status;
• Subsidiary protection;
• Permission to remain on humanitarian grounds;
• Permission to remain on a tolerated basis;
• A temporary residence permit and being married to a Polish citizen residing in Poland;
• Temporary residence permit for the purpose of carrying out business activities;
• Temporary protection in Poland;
• A valid Polish Card;
• Being a family member of:
• the spouse of an EU citizen,
• their child or their spouse aged up to 21, or a dependent of an EU citizen or their spouse,
• a parent of an EU citizen or their spouse, or a dependent of an EU citizen or their spouse,
• a person who has applied for a temporary or permanent residence permit (pending a final decision on the matter);
• Participation in a support programme for foreign nationals.

How can a foreign national set up a business in Poland? The procedure in 2024

Now that we are aware of all the above conditions, we can answer the question posed in the title of this article. So, how does a foreigner set up a business in Poland?

If you wish to register a sole trader business, you can do so online or in the traditional way (i.e. by visiting any local council office).

The first option, however – registering a business via the government portal https://www.biznes.gov.pl/pl – requires you to have a PESEL number.

The wizard available on the website will guide you clearly, step by step, through the entire process of registering a sole trader business.

You can sign the electronic application for entry into the CEIDG using a Trusted Profile, a qualified digital signature, or at the local authority office (in person or via a proxy).

Registration of a company in the KRS, on the other hand, is carried out via:

• the S24 system (https://ekrs.ms.gov.pl/s24/);
• the PRS portal (https://prs.ms.gov.pl/).

In both cases, you will need to create an account in the chosen system and confirm it using a Trusted Profile or a qualified electronic signature.

The registration of a general partnership or a professional partnership by nationals of countries outside the European Union, the European Economic Area, the USA, Switzerland and Ukraine, also requires the submission, during the registration process, of a document confirming that their residence permit entitles them to set up the company in question.

Do you dream of setting up your own business? Make use of our services today!

Are you a foreign national wishing to set up your own business in Poland? The ‘Firma Dla Każdego’ Foundation is a business incubator that supports entrepreneurship by providing opportunities associated with running your own business without the need to register it.

With us, you won’t have to worry about inspections by the tax authorities or ZUS, or about handling your accounts.

If you need it, we’ll also help you with a wide range of administrative matters, including those relating to legalising your stay in Poland.

Interested? Check out the details of our offer on our website: https://firmadlakazdego.pl/.

Sources:

• https://www.biznes.gov.pl/pl/portal/00806
• https://www.infakt.pl/blog/zalozenie-firmy-przez-obcokrajowca-w-polsce-jakie-sa-wymogi/
• https://www.biznes.gov.pl/pl
• https://ekrs.ms.gov.pl/s24/
• https://prs.ms.gov.pl/
• https://firmadlakazdego.pl/czym-jest-inkubator-przedsiebiorczosci/
• https://firmadlakazdego.pl/