Temporary residence permit for the purpose of performing work in the framework of an intra-corporate transfer (ICT)

Decision

After reviewing the evidence and its possible supplementation, the voivode decides by means of an administrative decision on granting the permit, if they do not find any obstacles to its granting, including assessing that the requirements for the permit have been met.

A foreigner for whom an ICT permit has been granted may enter the Republic of Poland on the basis of a visa issued for the purpose of exercising a temporary residence permit for the purpose of performing work as part of an intra-corporate transfer if this visa is required. After entering, the foreigner applies to the voivode who granted the permit with an application for a residence permit (more in the tab: "Residence permit").

The decision on granting the permit may contain a specification of the requirements for the foreigner to perform work in Poland.

The Voivode will issue an administrative decision refusing to grant the foreigner the first ICT permit if they find that there is a basis for refusing to grant the permit, which may be related to:

• failure to meet the requirements to grant this permit due to the declared purpose of stay or stating that the circumstances that are the basis for applying for this permit do not justify the foreigner's stay on the territory of the Republic of Poland for a period longer than 3 months, or

• the entry of the foreigner's data into the list of foreigners whose stay on the territory of the Republic of Poland is undesirable, or the entry of the foreigner's data in the Schengen Information System for the purposes of refusing entry, or

• for reasons of defence or state security or protection of security and public order or obligations resulting from the Regulations of ratified international agreements in force in the Republic of Poland, or

• the fact that in the proceedings the entry of a foreigner into the territory of the Republic of Poland or their stay on this territory may pose a threat to public health

• a statement that the host entity was established mainly to facilitate the entry into the territory of the Republic of Poland of intra-corporate transferees

• that, in the procedure for granting that permit, the applicant in the name and on behalf of the receiving entity:

• has submitted an application containing false personal data or false information or has attached to it documents containing such data or information, or

• testified untruth or concealed the truth, or forged or altered a document to use it as authentic or used such a document as authentic,

• the fact that the entity being the parent employer, or the host entity is managed or controlled by a natural person legally punished for:

• an offence referred to in Article 120(1) of the Act of 20 April 2004, on promotion of employment and on labour market institutions, which within 2 years of being punished has been re-punished for a similar offence, or

• for offences referred to in Article 120(3)-(5) of the Act of 20 April 2004, on promotion of employment and on labour market institutions, or

• convicted of an offence referred to in Articles 218-221 of the Criminal Code.

• the fact that the entity being the parent employer, or the host entity does not comply with the obligation to pay social security contributions

• the entity being the parent employer, or the receiving entity is in arrears with the payment of taxes, except in cases where it has obtained the exemption, deferral, spreading into instalments of overdue payments or suspension in full of the implementation of the decision of the competent authority,

• the entity that is the parent employer or the host entity does not conduct business activity or has been declared bankrupt,

• in a given calendar year, the limit of ICT permits granted for a given foreigner has been reached.

A further ICT permit shall be refused when:

• the receiving entity was established mainly to facilitate the entry into the territory of the Republic of Poland of intra-corporate transferees or

• in the procedure for granting that permit, the applicant in the name and on behalf of the receiving entity shall:

• have submitted an application containing false personal data or false information or has attached to it documents containing such data or information, or

• testified untruth or concealed the truth, or forged or altered a document to use it as authentic or used such a document as authentic;

• entity being the parent employer or receiving entity:

• is managed or controlled by a natural person legally:

- punished for the offence referred to in Article 120(1) of the Act of 20 April 2004, on promotion of employment and on labour market institutions, which within 2 years of being punished was again punished for a similar offence, or

- punished for offences referred to in Article 120(3)-(5) of the Act of 20 April 2004, on promotion of employment and on labour market institutions, or

- convicted of an offence referred to in Articles 218 to 221 of the Criminal Code, or

• fails to comply with the obligation to pay social security contributions, or

• is in arrears with the payment of taxes, except where they haves obtained the exemption provided for by law, the postponement, the payment in instalments of overdue payments or the suspension in full of the implementation of the decision of the competent authority, or

• does not run a business or has been declared bankrupt,

• the requirements for granting a temporary residence permit to a foreigner have not been met due to the declared purpose of stay or the circumstances that are the basis for applying for this permit, do not justify their stay on the territory of the Republic of Poland for a period longer than 3 months

• the foreigner's data must be entered in the list of foreigners whose stay on the territory of the Republic of Poland is undesirable, or their data are in the Schengen Information System for the purposes of refusing entry

• this is required for reasons of defence or state security or protection of security and public order or obligations resulting from the Regulations of ratified international agreements in force in the Republic of Poland

• a foreigner subject to the obligation of treatment pursuant to Article 40(1) of the Act of 5 December 2008 on the prevention and combating of infections and infectious diseases in humans, does not agree to this treatment

• the circumstances of the case show that the preceding temporary residence permit was used for a purpose other than that for which it was granted

• the period of intra-corporate transfer to the territory of the European Union has expired, which is 3 years - in the case of a managerial employee or specialist or 1 year - in the case of a trainee,

• the application for this permit was submitted during the illegal stay of the foreigner to whom it is to be granted on the territory of the Republic of Poland.

The decision to refuse to grant a permit is served by the entity accepting the appeal to the Head of the Office for Foreigners (more in the tab: "Appeal").