Investment in Poland VIP offer

INVESTMENT IN POLAND VIP OFFER

In addition to the standard offer of my law office (legal services), according to high interest in the subject of investing in Poland and gaining a residence permit, my law office prepared a special VIP offer for interested investors, who would like to invest in Poland 1 000 000 USD or more.

Investing in property and setting up a new business in a foreign country is a difficult process if you don’t have any support – starting from language barrier to complicated law issues. Our team provides complex services in all of the grounds.

It is extremely important to us that you have complete peace of mind during the process knowing that your application is in the best hands. Throughout the process,  you will have us as your contact who will help and guide you every step of the way to gain visa/residence permit, run your business in Poland and any other grounds.

My law office cooperates with experienced real estate agents, tax advisors and patent attorneys. Also, as we are providing legal services to companies in Poland from various industries, you can be confident that we can also help to to find a reliable business partner in Poland.

With this special VIP offer, we provide:

  1. complex legal services regarding opening and running a company in Poland;
  2. cooperation with experienced real estate agents, covering all the territory of Poland;
  3. patent attorneys legal services (if needed);
  4. services regarding finding a reliable business partner in Poland;
  5. complex services according to residency in Poland;
  6. services regarding any of your request;
  7. 24/h, 7 days a week lawyer care (in Poland, most of law offices work only from Monday to Friday)

For detailed offer please contact us directly on e-mail: office@immigrationlawyerpoland.com (please note in subject that you are interested in the VIP offer).

Polish Citizenship

Polish citizenship can be obtained via:

  1. virtue of law;
  2. granting Polish citizenship;
  3. recognition as a Polish citizen;
  4. restoration of Polish citizenship;

In some cases there will be needed to obtain (especially if you are a child or grandchild of Polish emigrants):

  1. confitmation of having Polish citizenship.

1. Obtaining Polish citizenship by a virtue of law.

If one of the parents held Polish citizenship while the child was born, then the child obtains Polish citizenship by a virtue of law (right of blood). This rule also is used when a child is born in Poland and the parents are unknown. If a minor foreigner before reaching the age of sixteen is adopted by a person or persons holding Polish citizenship, it is assumed that the foreigner acquired Polish citizenship on the day of his birth.

2. Granting Polish citizenship.

Polish citizenship is granted by the President of the Republic of Poland. The President shall not be restricted by any conditions that must be met by a foreigner to grant him Polish citizenship. This means that the President can grant Polish citizenship to any foreigner.

Please remember that generally no law rules apply in this procedure, especially about conditions that should be met or proceeding time. This way of obtaining Polish citizenship can be used while the other procedures (recognition as a Polish citizen or restoration of Polish citizenship) can no be used in your case. An applicant for citizenship is obliged to justify his application and to present an important reason for granting him Polish citizenship.

3. Recognition as a Polish citizen.

Recognition as a Polish citizen is an administrative procedure, based on code of administraion proceeding. Please find below the list of applicants who can apply to be recognized as a Polish citizen:

  • a foreigner residing continuously in Poland  for at least 3 years on the basis of a long term EU resident permit or permanent resident permit and who has a stable and regular source of income in Poland;
  • a foreigner residing continuously in Poland for at least two years on the basis of a long term EU resident permit or permanent resident permit and who has been married to a Polish citizen for at least three years;
  • a foreigner residing continuously in Poland  for at least 2 years on the basis of  which was obtained in connection with refugee status granted in Poland;
  • a minor foreigner with one parent who is a Polish citizen residing in Poland on the basis of a long term EU resident permit or permanent resident permit and the other parent who does not hold Polish citizenship has agreed to this recognition;
  • a minor foreigner with at least one parent whose Polish citizenship has been restored, if the minor resides in Poland on the basis of a long term EU resident permit or permanent resident permit and the other parent who does not have Polish citizenship has agreed to this recognition;
  • a foreigner residing continuously and legally in Poland for at least 10 years who has got a permanent resident permit or EU long term resident permit and has a stable and regular source of income in Poland along with legal title to the occupied dwelling;
  • a foreigner residing continuously in Poland for at least 2 years on the basis of a permanent resident permit which was obtained in connection with the foreigner’s Polish ancestry.

To be able to be recognized as a citizen of Poland – except for a foreigner referred to points 4 and 5 – the foreigner is obliged to have a command of Polish language. Language proficiency must be confirmed with an official certificate  obtained after passing a State examination, a school-leaving certificate (e. g., elementary, secondary or tertiary school) in Poland or a school-leaving certificate obtained from a school abroad with Polish as the language of instruction.

Certificates for Polish language skills are issued by the State Commission for the Certification of Proficiency in Polish as a Foreign Language. Currently, to receive a certificate the applicant must pass an exam organized by the Commission at the basic communication level (level B1).

4. Restoration of Polish citizenship.

The Polish citizenship may be restored to foreigners who used to hold Polish citizenship in the past, but lost it before January 1st, 1999 based on the events referred to in the said Law:

  • Article 11 or 13 of the Law on Polish Citizenship of January 20th, 1920;
  • Article 11 or 12 of the Law on Polish Citizenship of January 8th, 1951;
  • Article 13, 14 or 15 of the Law on Polish Citizenship of February 15th, 1962.

Polish citizenship shall not be restored to a person who voluntarily joined – in the period between September 1st, 1939 to May 8th, 1945 – military service or held public office in the Axis countries or their allies, or acted against Poland, especially its independence and sovereignty, or participated in human rights violations. Polish citizenship will not be restored if it constitutes a threat to national defense, national security or public order.

Polish citizenship is restored by the Minister of Interior by decision on a request of the person concerned. A foreigner living outside of Poland submits a request through a Polish Consul. In the procedure of the restoration of citizenship, the provisions of the Code of Administrative Proceedings are applied.

5. Confirmation of having Polish citizenship.

Citizens who do not have documents proving Polish citizenship (a Polish passport or ID) or whose personal data and citizenship can not be ascertained, may apply for confirmation of Polish citizenship.

Citizens over 18 years old, who were born outside of Poland and/or have never possessed documents proving their Polish citizenship (a Polish passport or ID), prior to applying for the Polish passport at the Consulate must obtain a certificate confirming their Polish citizenship. It is needed to prepare required documents of your ancestors in this procedure, in many situations it is required to make a search at Polish national or church archives (my law office helps in all of the grounds).

If you are interested in granting Polish citizenship, then my law office provides proffessional legal services in all of the grounds. Having me as your representative in Poland, means that the case is being proceeded by a registered lawyer (advocate), listed on an official Minstry of Justice list – so you can be confident that the case is in right hands.

Business Visa & Business Resident Permit procedure

Back in 2017 I have written an article about general information for visa and resident permit applications. In this article I will focus on business visa and business resident permit procedure. Please find below the most important steps for obtaining business visa and business resident permit in Poland.

Step no. 1

The first and the most important step is to form a company (information about forming a company) or buy a ready made company in Poland (information about buying a ready made company). This step is essential as without having a company in Poland, applying for a business visa is impossible.

Step no. 2

After incorporating the company or buying a ready made company, the changes must be registered in Registry Court System. After having the changes registered you will receive a confirmation from the court. Now it is the correct time to apply for a business visa at the proper Polish Embassy. When you get well at the interview at the Embassy and provide all required documents you will obtain a business visa (national or schengen), congratulations! Now you can travel to Poland for business reasons.

Step no. 3

If you are willing to stay in Poland for a longer time, then it will be needed to apply for a business resident permit. Application for temporary residence permit must be filed during your legal stay in Poland. When the right Voivodeship Officer accepts your application, he will put a stamp in your passport, confirming that you have applied for a temporary residence permit. This stamp legalises your stay  in Poland, even though your visa or previous temporary residence permit has expired. Finally you receive a residence card.

My law office provides legal services during all the steps written above. We offer discounts for clients who are interested in all of our services – establishing a company, preparing visa application and representing you during the residence permit procedure.

For more information about the fees and cooperation, please contact my law office on e-mail: office@immigrationlawyerpoland.com or on WhatsApp.

 

Company Formation in Poland

Proper formation and registration of a company in Poland is a gradual process. It is needed to sign the incorporation act in front of a notary public and go through court registration procedure. The first steps regarding a new company are the most important, because they influence on the company’s future activity. My law office also offers an incorporating a company on your behalf from the beginning, so the company will be made from the start with your suggestions and you will be the owner of the company from the very beginning. We provide our legal services from incorporation, through registration and with running the company.

My law office offers a professional company formation in Poland legal service. We help our clients with every detail connected with establishing business entities based on Polish law. My law office services regarding company incorporation are the most professional on the market. We pay strict attention to every detail on every stage of Polish company formation process and your business visa and residence permit process.

There is no need to come to Poland to form a company in Poland, my law office can take all activities on your behalf, finally as a result of our cooperation, you will receive a brand new company in Poland, without moving from your home country.

As a result of cooperation with our law office, your company:

  1. will have it’s articles of association signed in a Notary Public Office in Poland;
  2. will be registered in the National Company Registry (KRS) and will obtain it’s individual KRS number;
  3. will get tax identification number (NIP);
  4. will get statistical number (REGON);
  5. will be registered in Polish Social Security Service (ZUS);
  6. will have it’s own address in Poland.

Also you will be introducted to bank services and accounting services.

Buying a ready made company in Poland

Recently my law office had a lot of questions about buying a ready made company in Poland (in a form of a LLC). In this article I would like to explain how it can be done.

Buying a properly registered and professionally prepared shelf company is very important to your future business. The advantage of such decision is that the company is already registered (because is some situations the Registry Court can refuse the registration) and has got it’s own address in Poland. It is also important that the company has got the KRS Number, Social Security Number, Tax Identification Number and Statistical Number, so it is ready to conduct business anytime.

Foreigners can buy a shelf company in Poland without their presence in Poland. If you would like to start your business in Poland and you don’t have a visa or a residence permit (citizens of countries from which a visa or residence permit is required to stay in Poland), then you can buy a ready made company without coming to Poland. My law office offers complex legal assistance in that matter, so you will be confident that your case is being proceeded by a professional and is in right hands. The companies for sale are prepared by my law office, so you have the knowledge that the company’s documentation was prepared by a professional lawyer, registered on an Official Polish Ministry of Justice Lawyer’s List. It is very important, as the proper preparation of company’s documents has got a major influence on the quality of running a company.

If you decide to buy a shelf company which is prepared by my law office, then:

  • minimum formalities are required (no need to come to Poland);
  • you get 100% clean company, present on Polish market with certificate for no liabilities;
  • the company is ready to start business immediately;
  • the company will have KRS Number, Social Security Number, Tax Identification Number and Statistical Number;
  • the company will have it’s own address in Poland (virtual office);
  • you will be introduced to current bank offers and accounting services;
  • on your wish the company can be customized;
  • on your wish my law office can prepare your business visa application and represent you in front of Voivodeship Office for obtaining a business residence permit;
  • my law office offers consultation for running any type of business in Poland and can provide you legal services on any grounds;
  • the fees which my law office offers are with no hidden costs, you pay once and receive services which you request.

 

My law office offers shelf companies service in Poland that are 100% clean, without any liabilities and ready to start business and earning money. Ready companies that my law office provides are properly incorporated, registered according to all legal requirements on the basis of polish commercial companies code. If you will choose my law office services, then you will enjoy maximum flexibility and full professional lawyer’s support anytime.

My law office also offers a traditional incorporating a company on your behalf from the beginning, so the company will be made from the start with your suggestions and you will be the owner of the company from the very beginning. We provide our legal services from incorporation, through registration and with running the company.

For more information about the fees and cooperation, please contact my law office on e-mail: office@immigrationlawyerpoland.com or on WhatsApp.

 

Why to open a limited liability company in Poland?

Limited liability

Firstly, it is needed to mention that limited liability company has got a separate legal entity which generally means that the company is responsible for it’s obligations (not the shareholders). In some circumstances, the management board can be responsible for company’s obligations, for example when the financial execution against the company turns out to be ineffective. The liability of shareholders is limited. This is one of the construction principles of capital companies, which largely determines the attractiveness of this form of running a business.

Shareholders and management board

There is a minimum of one shareholder to form a LLC. Shareholders can be either natural people or legal entities. The board of directors may consist of a one or more members. A single shareholder can be also a single member of the board. If the Board of Directors consists of just the company’s only shareholder, every resolution must be signed in front of a notary public. It means that even a single person can establish and run a limited liability company.

Share capital

The required minimum share capital is 5 000 złotych (about 1 200 Euro) and it must be contributed to the company by shareholders. So the share captial to start with is very low.

Income Tax

The basic ratio of a income tax for the company is 19% (please note that if the income is lower than running costs then it is no need to pay income tax). However from January 2019 the companies with income in the current tax year lower than 1 200 000 Euro can have the 9% of corporate income tax rate. It is one of the lowest corporate income tax level in Europe.

Banking costs

The banking offer in Poland is very wide and the company can choose from a large variety of services. The running costs of a bank account can be also very low, it is very easy to find an offer for running a bank account with a debit card for 2-3 euro per month.

Poland – center of Europe

The geographical location of Poland is very foreable – it’s a country which connects Western and Eastern Europe with all benefits of this situation. Also it is needed to mention that the political situation and economy is stable. Poland is also a member of the Schengen Zone and European Union.

Conclusion

Establishing a company in Poland means that:

1. the legal form of a limited liability is very attractive to investors;

2. even a single person can establish and run a limited liability company;

3. minimum share capital is very low;

4. the corporate income tax rate is one of the lowest in Europe;

5. low banking costs;

6. shareholders or members of management board can decide not to pay social insurance;

If you are interested in establishing a limited liability company in Poland, please contact my law office to start the procedure immediately.

 

Conducting Business in Poland FAQ

In this article I would like to answer the ten most frequent questions about setting up a company in Poland and conducting business.

1. Can I establish a limited liability company in Poland while I am abroad?

It’s possible to establish a company in Poland, while the shareholders and management board are staying abroad (even outside EU). The establishing procedure can be made by a proffessional from our law office on the basis of a power of attorney or by selling the shares of a ready made company to the new shareholders.

2. How long it takes to establish a limited liability company?

It depends on many circumstances, especially on the que at the proper registry court. All in all the procedure should finish within a month (usually). The company will have it’s own KRS number, National Registry number and Tax number. It will be also registered in National Statistics Registry, Tax Office and Social Security Office.

3. What documents should I prepare for establishing the company?

The major document is the company incorporation act – it’s a kind of a contract between shareholders and concerns the most important subjects in the company like list of shareholders, company’s headquarters, share capital etc. We strongly advice to have company incorporation act prepared by a proffessional lawyer, as it has got a huge impact on functioning of the company. Making any mistakes at this point, can cause a lot of problems and misunderstandings between shareholders in the future. Our law office specializes in preparing such documentation, after consultation with shareholders. The other documents are list of shareholders, list of management board, their addresses, statements about share capital.

4. Can I apply for a business visa after establishing a company in Poland?

Yes, after establishing a LLC in Poland you can apply for a business visa to Poland. After coming to Poland you can also apply for a temporary residence permit on the basis of conducting business, and later for EU long term resident permit.

5. Do I need to have an office in Poland?

Yes, the company must have it’s own address, which will be used mainly for correspondence. On the beginning of your business in Poland we strongly recommend to use an virtual office, as the price of the rent is low, and such address is accepted by registry courts.

6. What about all the daily paperwork for the company?

Our law office provides full backup for legal services for companies and can handle everything needed to the registry court (as the LLC company must send statements and yearly information to the registry court) and current activity. Only in tax matters, we advice to have an accountant.

7. If I would like to use your legal services, what I will get?

As a result of cooperation with our law office, your company:

  1. will have it’s articles of association signed in a Notary Public Office in Poland;
  2. will be registered in the National Company Registry (KRS) and will obtain it’s individual KRS number;
  3. will get tax identification number (NIP);
  4. will get statistical number (REGON);
  5. will be registered in Polish Social Security Service (ZUS);
  6. will have it’s own address in Poland.

8. Can I establish the company while I am in Poland, but I don’t know Polish language?

Yes, in this situation you can also have our complex legal backup on all of the steps regarding establishing a LLC company.

9. How much it cost to establish a company in Poland?

For detailed information, please contact us on the email or WhatsApp.

10. Can my company buy a property in Poland?

If the share capital will be held only by foreigners, then it will be needed to obtain a permission from proper ministry in Poland to buy a piece of land – our law office can handle this procedure. There are no limits in buying flats, it can be bought by you or your company without any permissions.

Appealing from Visa and TRP decisions

1. Appealing from a Visa rejection.

The Polish Consul can reject a visa application, below is the list of the most common refusal basis, when the applicant:

  • does not have valid travel document;
  • is listed in a registry of people which stay in Poland is undesirable;
  • is listed in the Schengen Information System concerning persons who may be denied entry to the Schengen Area;
  • has provided false or misleading information during the visa application process;
  • intention to leave the country is not determined;
  • does not have a valid medical insurance, covering the teritory of Poland;
  • provided not reliable information about the purpose of stay in Poland;
  • does not have sufficient funds to travel and stay in Poland, and after visa expiration to leave to home country.

The refusal decision issued by the Consul can be re-examined. The application for reconsideration shall be submitted within 14 days from the date of delivery of the decision on refusal to issue a visa. It’s very important to prepare exact allegations, why the Consul’s decision was incorrect. I strongly advise to ask a certified advocate for legal help in preparing application for reconsideration of Consul’s decision. 

2. Appealing from TRP decision.

Appropriate voivode can refuse to issue a residence card. The foreigner can appeal against this decision to Chief of the Office for Foreigners in Warsaw, through the voivode who issued the decision. Written appeals should be submitted within 14 days from the date of receipt of the decision. It’s very important to prepare exact allegations, why the Voivode’s decision was incorrect. I strongly advise to ask a certified advocate for legal help in preparing application for reconsideration of Voivode’s decision. 

Chief of the Office for Foreigners in Warsaw can accept with the apeal or refuse the appeal. A foreigner may challenge the decision of the Chief of the Office for Foreigners to the administrative court within 30 days from the date of receipt of the decision. It’s very important to prepare exact allegations, why the Chief’s of the Office for Foreigners decision was incorrect. I strongly advise to ask a certified advocate for legal help in preparing application for reconsideration of Chief’s of the Office for Foreigners decision. 

Immigration Lawyer provides complex legal help during visa and residence permit procedures, including appeals against incorrect decisions. If you would like to receive legal help just go to the online consultation bar or contact application bar.

Long Term EU Residency

The long term EU Residency permit authorizes it’s holder to stay in Poland permanently, only the residence card must be renewed for 5 years peroids. The foreigner can take up work in Poland on that basis and can travel along Schengen Zone countries for tourist reasons.

The long term EU Residency permit may be granted to a foreigner who:

  1. has been staying in Poland legally for 5 years (uninterruptedly);
  2. has maintained a stable and regular source of income for 3 years before applying for long term EU residency permit;
  3. has got health insurance;
  4. has got a place of residence in Poland;
  5. has obtained a certificate in Polish language on B1 level.

 

The long term EU Residency permit application must be submitted by a foreigner who stays legally in Poland. The procedure takes about 3 months.

Setting up a business in Poland

Generally there are two groups of foreigners who can conduct business in Poland:

  1. Foreigners who can conduct business on the same principles as Polish citizens. These are people who have permanent residence permit, EU long term residence permit, Pole’s card and some of foreigners who have temporary residence permit + for example are married to a Polish citizen.
  2. Other foreigners (not listed above) may conduct business in a form of a:
    • limited liability company,
    • joint stock company,
    • limited partnership company,
    • limited partnership joint stock company.

If a foreigner wants only to establish one of the companies listed above (and be a shareholder), then it’s no need to come to Poland and obtain temporary residence permit, but he will be only an owner of the company. The person who will actually conduct business activity in Poland is for example a company director. In case the director is a foreigner, he has to apply for temporary residence permit in Poland.

The advantage of setting up a business in Poland is that the company can conduct business activity during your temporary residence permit procedure.

A foreigner working or willing to work in a company set up by himself has to demonstrate that the activity of this company is beneficial for the Polish economy (growth of investment, technology transfer, introduction of beneficial innovations or creation of new workplaces).

Summarizing, if you are willing to set up a business in Poland, then you should be prepared for three procedures:

  1. setting up a company + registration procedure;
  2. business visa procedure (if you are abroad of Poland and don’t have a visa);
  3. temporary residence permit procedure (on the basis of conducting business activity).

Immigration Lawyer provided legal assistance during all of the procedures listed above. My law office incorporate the company on your behalf – that means you don’t need to come to Poland to have your company registered on your name. The company can start running immediately and from the beginning it will be your company.

As a result of cooperation with our law office, your company:

  1. will have it’s articles of association signed in a Notary Public Office in Poland;
  2. will be registered in the National Company Registry (KRS) and will obtain it’s individual KRS number;
  3. will get tax identification number (NIP);
  4. will get statistical number (REGON);
  5. will be registered in Polish Social Security Service (ZUS);
  6. will have it’s own address in Poland.

Our law office also provides legal services for companies which are registered and conducting business in Poland (in all areas).