Foreigners outside the European Union will be able to obtain a temporary residence permit in Poland as part of an intra-corporate transfer from another country.

The project prepared by the Ministry of Interior and Administration is to implement the European Parliament and Council Directive of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of intra-corporate transfers.

In accordance with the estimates of the Office for Foreigners mentioned in the draft, the changes may affect up to 200 thousand foreigners. Only in 2015, voivodships received over 100 thousand applications for legalization of stay. Most temporary residence permits were issued in connection with work. Therefore further great interest in the legalization of foreigners’ stay due to work can be expected.

Another huge amount of citizens outside the European Union borders which would like to get temporary residence permit ( TRP ) in Poland are foreign investors. These people with well-prospering companies in the third-countries are capable of for eg. opening a branch in Poland. After adapting to the Polish tax and migration offices regulations they can hire Poles and their non-Eu countrymen.

Other good solution for them is to start a new company in Poland. Setting up a brand new business in Poland or buying a ready made, shelf Polish Limited liability company can be a good step to apply for the temporary residence permit – TRP – on the base of business visa. Investors meeting the conditions are able to obtain the business visa even up to 12months. During that time they can come to the EU and calmly decide what their next actions will be. These processes can be entirely supported by proffesional Polish consulting companies with specified knowledge and experience in migration and business management issues.

According to the Ministry of Interior and Administration, the main purpose of the change is to simplify the regulations on temporary residence permits for foreigners due to intra-corporate transfers. The maximum transfer period will be 3 years for senior executives and specialists and one for trainees. At the end of that period, these persons will have to leave the territory of the Member States unless they are granted a residence permit on a different basis in accordance with Union or national legislation.

Permission to stay in Poland as part of the transfer within the enterprise will be issued by the voivodeship. The application will be able to request the establishment accepting the foreign employee to work within the internal transfer. Based on this permit, the foreigner will be able to work across the EU within the company.

As pointed out, in the near future Poland may be short of workers. The increased earning trips of Polish employees following the accession of Poland to the EU in 2004, coupled with the dynamic growth of employment and the emerging labour shortages in certain branches of the national economy, have caused great interest from Polish employers seeking employees outside of Poland.

According to the ministry, the planned changes will not affect the change of control procedures in the process of issuing residence permits for the protection of security and public order.