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

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Documents

a. Documents required at the application stage

The host entity, applying for a temporary residence permit for a foreigner to perform work as part of an intra-corporate transfer, submits to the voivode competent for its registered office:

  • completed, in accordance with the instruction, the application form for a temporary residence permit, appropriate for the purpose of performing work as part of an intra-corporate transfer (i.e., constituting Annex 6 to the Regulation of the Ministry of Interior and Administration of 17 April 2019 on the application for granting a temporary residence permit to a foreigner) – under pain of leaving the application unexamined.

The rules for completing the application are presented in the next stage: "Completing the application". In this section there is also the application itself to download.

  • 4 up-to-date photographs that clearly show the foreigner's face, without a hat and obscuring lenses, meeting the detailed criteria defined by law - under pain of not processing the application.

  • a photocopy of a valid travel document (at the same time presents the person accepting the application with its original for inspection - under pain of leaving the application unprocessed).

    In a particularly justified case, if a foreigner does not have a valid travel document and they are not possible to obtain it, they may present another document confirming their identity in a way that does not raise any doubts. At the same time, they should document the objective inability to obtain a travel document and the efforts made to obtain it.

  • Proof of payment of stamp duty. Go to the "Stamp duty” step for more information.

b. Other documents

At the stage of submitting the application, it is also desirable to present the documents necessary to confirm the data contained in the application and the circumstances justifying the application for a temporary residence permit. The date of settling the matter depends on the date of its submission. If the required documents are not attached to the application, the voivode calls for them to be sent within a period of not less than 14 days.

Such evidence is not subject to the consequence of leaving the application unprocessed and may be supplemented in the course of the proceedings. However, it should be remembered that attaching full documentation already at the stage of submitting the application is in accordance with the interest of the party. It organizes and simplifies the procedure, because already at the initial stage, the authority can make correct determinations with regard to the foreigner's situation, which undoubtedly speeds up the process of processing the application and reduces the risks associated with the need for supplementing documentation by a foreigner in the further course of the procedure for granting a temporary residence permit.

The evidence to be presented in the proceedings includes:

  • a document confirming the guaranteed place of residence in Poland, e.g., a certificate of registration, a lease agreement for an apartment or a loan agreement (if the lender is, a statement of the person authorized to own the dwelling on providing the foreigner with a place of residence;

  • in the case of work as a managerial or specialist employee – documents confirming the possession of professional qualifications adequate to the subject of activity of the receiving entity and professional experience necessary to perform work in this unit (in particular a diploma of graduation and specialized courses and documents confirming the acquisition of professional experience, such as work certificates, letters of recommendation);

  • in the case of work as a trainee worker, a higher education diploma;

  • a document proving the course of employment immediately preceding the transfer within the same undertaking or group of undertakings for a continuous period of at least 12 months – in the case of work as a manager/specialist or 6 months – in the case of work as a trainee worker (e.g., an employment contract with the home employer);

  • documents confirming the employer’s possibility of returning home after the end of the transfer period (e.g., the document on which the transfer is based);

  • a contract concluded in writing constituting the basis for the performance of work or a document issued by the parent employer constituting the basis for an intra-corporate transfer, specifying: the period of transfer within the enterprise, the seat of the receiving entity, the position in the receiving entity, remuneration and other working conditions of the foreigner in the receiving entity; in the case of an internship as part of an intra-corporate transfer, a contract for the internship should be additionally specified by: the internship program, the duration of the internship, the conditions for supervising the foreigner during the internship. The amount of remuneration specified in the contract must meet the relevant criteria (return to the „Requirements" stage for more information);

  • documents confirming the possession of a source of stable and regular income sufficient to cover the costs of maintaining oneself and dependent family members (for a single person – in the amount higher than PLN 776 net per month, for a person in the family – in the amount higher than PLN 600 net per month); if the income obtained in connection with the transfer is insufficient, it is necessary to provide additional documents proving the possession of adequate income;

  • in the case of regulated professions, evidence of formal qualifications or fulfilment of the conditions required;

  • in the case of the will to be represented in the proceedings by a proxy – a power of attorney together with confirmation of payment of stamp duty.

Remember!

  • the documents should be attached in the original or in a copy certified to be a true copy of the original by a notary public or the party's attorney who is an attorney-at-law or legal advisor; certification of the compliance of the copy with the original may also be made by an authorized employee of the voivodeship office in the administration office, upon presentation of the original document;

  • documents drawn up in a foreign language must be presented together with a sworn translation into Polish; the register of sworn translators is kept by the Ministry of Justice and is available HERE;

  • closely related documents should be presented jointly (e.g., a sublease agreement with a lease agreement) and be valid on the date the permit is issued.

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