Investor visa – does this type of visa exist in Poland?

In the broadly understood exchange of employers and employees between Poland and countries that are not members of the Schengen area, there is no institution of the so – called Investor visa. We will find this type of visa for citizens of countries that have concluded an agreement with the USA and need a visa to enter the territory of this country. From a foreigner’s perspective, this is definitely a very comfortable type of document because having it allows you to legally work for the company you run. It also allows multiple border crossings and long-term stays in the US.

When obtaining a visa to Poland, entry permission will not always be granted multiple times, which in practice may turn out to be very frustrating considering the lengthy legalization processes. In addition, an investor visa also allows the family of a foreigner who is entitled to study or work to settle in the United States. It is also a comfort if we were to compare the process in Poland, where in order to legalize family members, the same complicated process must be carried out as in the case of people performing work. Sometimes it may even turn out that more documents needed to obtain a positive decision will have to be submitted than in the case of the main breadwinner. However, if you read carefully the regulations of both countries, you can see many similarities, which are presented in Poland in a completely different form, but meet at a common point.

We can say with certainty that both the United States and Poland focus on economic development, so investing in their territories is very beneficial. To answer the question whether Poland should introduce the institution of an investor visa, we need to loo k at our national regulations. We will focus primarily on discussing the possibilities of establishing and running a business in our country.

Many people think that the business visa operating in Poland is the equivalent of the investor visa operating in the USA, but this is a false assumption. First of all, it should be emphasized that this is not a document authorizing settlement or multiple entries into the territory of Poland. It is, of course, possible to issue a visa that allows this multiple entry, which must be indicated in the visa application. Obtaining a permit for just one or two entries is also possible.

What is the main factor motivating the decision?

First of all, these will be the documents that the Foreigner decides to attach to the application. This is a type of visa intended for business trips and the necessity of such a trip must be demonstrated to the Polish consul. If you plan on long -term negotiations or training, you can apply for a multiple-entry visa, which is, of course, more difficult and requires preparation. It is also a visa that can be compared to a tourist visa – it allows short-term trips.

Basic documents:
• Visa application form;
• Photo of the applicant;
• Passport issued within the last ten years, valid for at least three months from the expected date of return, with at least two blank pages in the case of visas.
• Copy of the passport page with personal data and photo;
• Card with ID card number with photocopy of all pages and official translation;
• Health insurance valid throughout the European Union;
• A copy of an identity document confirming legal residence in the consular district to which the application relates;
• Proof that you have sufficient means to live;
• Proof of accommodation (for example an official invitation or hotel reservation);
• Flight booking with Passenger Registration Number, as the visa will usually be issued on the dates specified in the flight booking – if possible, the embassy itself advises that the tickets should be paid only after obtaining the visa

In addition to the basic documents, the business visa must be accompanied by many other documents that will prove that we have a business purpose in visiting Poland for some time.
1. An official invitation from a business partner in Poland, specifying the purpose and duration of the visit and the expenses that will be covered by the Polish company.
2. Certificate of company registration in the Official Journal or trade card issued by the Ministry of Trade + photocopy.
3. Original bank statement from a local company and/or private bank account for the last 3 months, proof of social security payment.
4. A letter of recommendation from the employer, printed on official paper with a letterhead, specifying the purpose and duration of the visit, the candidate’s current position in the company and what expenses the local company will cover, etc.
5. Existing contracts, orders, evidence of commercial transactions with the Polish company.

As you can see, to obtain a business visa we need a lot of documents that will prove that the purpose of our visit is indeed real.

Another way for a foreigner to run a business in Poland is to submit an application for a temporary residence permit for the purpose of running a business. However, there are many conditions that must be met and are based on the current economic situation in Poland. You must then submit this exact application to the office and demonstrate that the activity will be useful for the Polish economy, so you must submit documents confirming that the activity is beneficial for the Polish economy, including: contributes to increased investment, technology transfer, introduction of beneficial innovations or job creation, etc.

According to many opinions, establishing a company is one of the processes that requires the most formalities, however, for persons who are not citizens of countries belonging to the European Union or EEA, it may turn out to be the best way to run a business. The recommended type of company is primarily a limited liability company, because it should be remembered that when running a sole proprietorship, we are liable with all our assets for all liabilities incurred. Companies can offer many benefits, especially in terms of taxation, which further increases their attractiveness.

If you want to enter into a partnership agreement, you really need to prepare a lot of documents and meet strict deadlines, but especially when using the services of a professional company, the process has a great chance of success. It should start with the information that foreigners who do not have one of the residence titles listed in the Act have the right to undertake and conduct business activities only in the form of a limited partnership, a limited joint-stock partnership, a limited liability company, a simple joint-stock company and a joint-stock company, as well as to join such companies and take up or acquire their shares, unless international agreements provide otherwise.

Therefore, nothing prevents them from concluding a company with a temporary residence permit for the purpose of working or another popular form of legalizing their stay in Poland. To set up such a company, they do not even have to stay in Poland – granting a power of attorney to a person who will take care of the formalities is a way to limit the frequency of stays in Poland.

The basic thing that you need to do if you want to start the process is to have a PESEL number so that you can cooperate with Polish offices online.

From experience, we can admit that obtaining a visa due to the fact of conducting business in Poland makes it much easier for the consul to issue a positive decision. One of the best ways is to set up an online company, thanks to which we will be able to go to Poland to develop our company and, in the longer term, apply for a temporary residence permit in order to run a business.