You can enter, reside and work in Poland as an intra-corporate transferee if you are a manager, specialist or trainee employee. The definitions and conditions of admission are governed by the EU Directive on intra-corporate transfer (Articles 3 and 5 of Directive 2014/66/EU). If you fulfil the conditions, you will be issued an Intra-Corporate Transferee permit.
The maximum duration of the intra-corporate transfer shall be three years for managers and specialists and one year for trainee employees after which they shall leave the territory of the Member States unless they obtain a residence permit on another basis in accordance with Union or national law.
Please note that before being transferred from a company branch located outside of the EU/EEA/Swiss Confederation to a branch in Poland, you must have been employed by that company for a certain time period: if you are a manager 12 months; a specialist 12months; a trainee 6 months.
Initiation of the proceedings on granting the ICT permit to third-country nationals is refused, if:
- the first or the longest stay of the third-country national in the territory of the European Union under transfer within the enterprise is to take place on the territory of another Member State of the European Union, or
- the third-country national, on the day of submitting the application for this permit:
- applies for a temporary residence permit in order to study or has such permission, or
- applies for a temporary residence permit in order to conduct scientific research or has such permission, or
- he/she is seeking or has a temporary residence permit to enjoy long-term mobility of the researchers, or
- is the employee of the enterprise having its registered office in another Member State of the European Union and is temporarily delegated by the employer to provide services on the territory of the Republic of Poland, or
- conducts business activities, or
- is employed by the temporary employment agency or another enterprise involved in lease of employees to work under the supervision and management of another enterprise or is transferred within the enterprise with participation of the entity conducting business activities with regard to providing employment services, or
- stays in the territory of the Republic of Poland, unless the application for subsequent ICT permit is submitted,
- stays on the territory of another Member State of the European Union.
Where and how to apply | The application is submitted by the host entity seated within the territory of Poland, where the work is to be performed, to the governmental province authority (voivode) locally competent for the seat of the host entity. When submitting the application for granting the permit, the third-country national must stay outside the territory of the EU Member States, unless that person resides within the territory of Poland and seeks granting a subsequent permit for the purpose of work under intra-corporate transfer, on the basis of which the stay was granted prior to the application submission. The host entity submits the application for granting a subsequent permit for the purpose of work under intra-corporate transfer not later than on the last day of legal stay of the third-country national within the territory of Poland. More information on how to apply for a temporary residence permit for the purpose of work under the Intra-corporate transfer may be found here. Stamp duty: 440 PLN (approx. 100 EUR) Fee for issuing a residence card: PLN 100 (approx. 23 EUR) The procedure should end within 60 days from the day of making a complete application. The third-country national, who, at the application of the host entity, was granted a temporary residence permit for the purpose of work under the Intra-corporate transfer, may enter Poland on the basis of a visa issued with a view to collecting the temporary residence permit for the purpose of work under the Intra-corporate transfer, if such visa in needed. After entering Poland, the third-country national applies for granting a residence card to the voivode who has granted the permit submitting his/her fingerprints necessary for the issuance of a residence card. An annotation “ICT” is included in the residence card issued in relation to granting the temporary residence permit for the purpose of work under the Intra-corporate transfer. Within its validity period, the residence card confirms the identity of the third-country national during that person’s stay within the territory of Poland and, together with the travel document, provides the right for multiple crossings of the border without the need to obtain a visa. |
Documents required | Necessary:
Note: Failure to submit any of the above-mentioned documents will result in the applicant being requested to provide the missing documents within a deadline of not less than 7 days from the delivery of the request, otherwise the application will not be considered. In case of failure to pay a stamp duty within a deadline specified in the request the application will be returned. Standard documents necessary for examination of the application:
|
Further requirements | Upon arrival, the third-country national applies to the voivode who has granted the permit for a residence card. You can find more information here. Documents attached to the application for a residence card:
While making the application, the third-country national shall submit his/her fingerprints. |
Duration of validity of permits | The period of validity of the ICT permit is up to 3 years for managers and specialists and up to 1 year for trainee employees. The period of validity of the permit takes into account the periods in which the third-country national plans to use mobility on the territory of other Member States of the European Union. |
Appeals | It is possible to appeal a decision concerning granting a residence permit before the Head of the Office for Foreigners within 14 days. Moreover, the applicant can lodge a further appeal before the administrative courts. The decision includes detailed information on the right to appeal. |
Extension or renewal | Conditions for renewal: same as for granting. The ICT may stay in Poland (legally) at a time a host entity submits the application for a subsequent ICT permit concerning the same transfer (within a maximum total duration of 3 years for managers and specialists or 1 year for trainee employees). |
Access to employment | After obtaining the ICT permit, the third-country national may perform work in Poland under the conditions as stipulated therein, without the need for additionally having a work permit. The decision includes the conditions under which the third-country national may perform work. |
Change of status | The holder of an ICT residence permit cannot apply for a temporary residence and work permit, a temporary residence permit for the purpose of highly-qualified employment as well as for a temporary residence permit for the purpose of studies or for the purpose of scientific research. |
Family members | The holder of the ICT residence permit has a right to family reunification (see the section: “Family Member”). The family reunification residence permit is granted if the family reunification conditions are fulfilled. If the application for granting a temporary residence permit to a family member for the purpose of family reunification was submitted on the same day or within 3 days from the date of submitting the application for an ICT permit, the permit is granted or refused by the voivode competent for the seat of the host entity immediately after granting or refusing to grant an ICT permit. |
Long-term residence
Polish law makes a distinction between a permanent residence permit and the EU long-term residence permit.
Permanent residence permit
The permanent residence permit is issued to specified categories of third-country nationals, i.a. to children of Polish citizens or of permanent residents in Poland, spouses of Polish nationals and persons of Polish origin. A decision on granting a permanent residence permit is issued for an indefinite period. A residence card remains valid for 10 years, which means that it should be replaced every 10 years.
A permanent residence permit issued in Poland does not entitle the third-country national to obtain a residence permit in another EU country as is provided for holders of an EU long-term residence permit.
A permanent residence permit entitles the third-country national to travel to another country in the Schengen Area for up to 90 days in a 180-day period mainly for tourism purposes like temporary residence permits.
More on permanent residence permits.
EU long-term residence permit
Holders of an ICT residence permit cannot apply for an EU long-term residence permit. The stay on the basis of the ICT residence permit is excluded from legal stay entitling to obtain the EU long-term residence permit.
More on EU long-term residence permits.
Upon the fulfilment of certain conditions, you can, on the basis of an ICT permit issued in one EU Member State, work in other EU Member States if the entity where you will work belongs to the same company. If the duration of your mobility is shorter than 90 days in a 180-day period, you are subject to short-term mobility rules. If the duration of the mobility is longer than 90 days, you are instead subject to long-term mobility rules.
The period of validity of the residence permit held by the third-country national referred to in Art. 1 sec. 2 lit. a of Regulation No. 1030/2002, issued by another Member State of the European Union, containing the annotation "ICT", should cover the entire period of planned short-term or long-term mobility in Poland.
The following procedures apply if you have an ICT permit in an EU Member State and intend to move and work in Poland:
Short-term mobility | It is necessary that the host entity established in another EU Member State submits a relevant notification. The condition for a third-country national to benefit from the short-term mobility on the territory of Poland is that the Head of the Office for Foreigners:
Important note: the decision of the Head of the Office for Foreigners on the objection is final. A third-country national entering the territory of Poland in order to benefit from the short-term mobility of a manager, specialist or trainee employee in the framework of an intra-corporate transfer in connection with the possession of a residence permit referred to in Article 1(2)(a) of Regulation No. 1030/2002, with the annotation “ICT”, issued by another European Union Member State which is not a State of the Schengen Area, provides a copy of the aforementioned notice or a letter from the host entity established in the territory of Poland which specifies at least the period of benefiting from the mobility in this territory and the address of the host entity. Presentation of the above letter of the host entity established on the territory of Poland at the entry into Poland does not exempt from the obligation of prior notification of the intention to benefit from the short-term mobility by the third-country national referred to above. The notification should be drawn up in the Polish language, submitted in writing, in paper form or electronic form to the electronic inbox of the Office for Foreigners through the Electronic Platform of Public Administration Services (ePUAP) (/UDSC/SkrytkaESP). As regards the electronic form, currently the most practical is submitting the notification by a proxy based in Poland. More information on ePUAP may be found here. The notification on the short-term mobility intention should include the information listed on pages 39-40 of the Instruction available here. The notice should be accompanied by the following documents:
Documents prepared in a foreign language shall have a certified translation into Polish attached. The 20-day deadline concerning the short-term mobility procedure shall be counted from the date of delivery of the notification along with all required documents including certified translations. The compilation of the information on modalities of ICTs’ mobility concerning Poland may be found here. |
Long-term mobility | In order to benefit from the long-term mobility of a manager, specialist or trainee employee in the framework of an intra-corporate transfer in the territory of Poland (for a period exceeding 90 days), it is required to obtain a temporary residence permit for the purpose of long-term mobility of a managerial employee, specialist or employee undergoing an internship, as part of an intra-corporate transfer. Initiation of the proceedings on granting the ICT`s long-term mobility temporary residence permit to third-country national is refused, if:
|
Where and how to apply | The application for the ICT`s long-term mobility temporary residence permit is submitted by the host entity seated within the territory of Poland, where the work is to be performed, to the governmental province authority (voivode) locally competent for the seat of the host entity. The host entity submits an application for a permit not later than on the last day of the third-country national legal stay on the territory of the Republic of Poland, in case he/she already stays in this territory. |
Documents required | Necessary:
Standard documents necessary for examination of the application: The documents constituting evidence of the third-country national holding:
Documents confirming:
The work contract with the parent employer on the basis of which the third-country national is to perform work, concluded in a written form or a document issued by the parent employer, constituting the basis for intra-corporate transfer, stating:
The remuneration should be:
|
Further requirements | After the decision on granting the ICT`s long-term mobility temporary residence permit, the third-country national applies to the voivode who has granted the permit for a residence card. See the information above at the ICT temporary residence permit. |
Duration of validity of permits | The period of validity of the ICT`s long-term mobility temporary residence permit is up to 3 years for managers and specialists and up to 1 year for trainee employees. The period of validity of the permit is no longer than the validity of the residence permit with the annotation "ICT", issued by another Member State of the European Union. |
Rights | The same as specified above at the ICT temporary residence permit. During the application procedure work allowed is as an employee of the management staff, specialist or internship employee as part of the intra-corporate transfer for the host entity that submitted the ICT`s long-term mobility temporary residence permit application, under the conditions specified in the application (in case of legal stay of the third-country national on the day of application or later arrival and legal stay in Poland during the procedure). |
Polish diplomatic missions abroad
Online visa registration application
More information on temporary residence permits for the purpose of work under the Intra-corporate transfer
Compilation of the information on modalities of ICTs’ mobility in EU Member States