Today, the most common question among IT specialists in Poland is: "Can I run a JDG if my PBH visa has expired, but my Karta pobytu application is still pending?"
We are looking into this topic in detail and finding the answer in today's video, and below is a summary of the most important information.
The Act on the Rules of Participation of Foreign Enterprises and Other Foreigners in Economic Turnover in Poland lists the categories of people who can run a jednoosobowa działalność gospodarcza in Poland.
The main points you should pay attention to are: Art. 4 pkt. 2 ust. 5 and 6.
Breaking down each point
Point 5 states that people have the right to run a business if they are in Poland on the basis of a stamp in their passport confirming the submission of documents for a Karta pobytu due to:
· studies;
· scientific research;
· family reunification;
· or other circumstances.
Point 6 refers to participants of foreign support programs, in your case – the Poland Business Harbor program. Once your PBH visa expires, you automatically stop being a participant, and therein lies the whole dilemma.
Please note!
Because the Act on the Participation of Foreign Entrepreneurs in the Polish Economy was enacted in 2018, and the Poland Business Harbor program only started in 2020, not all scenarios were anticipated. But it's not as scary as it seems!
In fact, this is simply a legal loophole that needs to be fixed.
Tip from Spravochnik Immigranta:
Think ahead about obtaining a Karta pobytu in connection with running a business!
We recommend applying for the card no later than two months before your visa expires – these are the official timeframes within which decisions on temporary residence permits in Poland should be made.
Thus, from a legal standpoint, you have fulfilled your obligation and done everything to run your business legally.
In this case, the purpose of your stay is the business activity itself, which you cannot close simply because the Urząd is processing the case longer than statutory deadlines.
Interesting fact
While dealing with this topic, we have come up with a formula to speed up the Karta pobytu case based on business activity for people whose PBH visas are about to expire.
We are now actively rolling this out for our clients and will soon share our experience on social media.
Need help with your Karta pobytu application?
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Useful materials:
Blue Card in Poland in 2023 – everything about Karta pobytu and residence permits for highly qualified specialists
How to get a residence permit via a B2B contract in Poland?
Karta pobytu refusal in Warsaw! What to do?
How to issue a guest invitation for your loved ones?
How to speed up your Karta pobytu case? Detailed guide!
Starting cooperation with us – consultation and first meeting.
Legalization of work for IT specialists in Poland.
How to change jobs if you have already received your Karta pobytu?
Documents without queues ONLINE in Poland – POSSIBLE? Get a Profil Zaufany
Top 3 mistakes of beginner entrepreneurs in Poland.
RESIDENCE PERMIT AND BUSINESS IN POLAND. How to run a business to get a Karta pobytu?
