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

Proceedings in the case

In the procedure for granting a temporary residence permit for ICT, the party to the proceedings is not a foreigner, but only the entity receiving it as part of an intra-corporate transfer.

The authority competent to consider the application is the voivode competent for the seat of the receiving entity – this voivode accepts the application, initiates (or refuses to initiate) and conducts proceedings regarding the granting of a temporary residence permit. The body of a higher degree in relation to the voivode is the Head of the Office for Foreigners.

The administrative procedure for granting a temporary residence permit shall be initiated upon request expressed in the application.

The Voivode refuses to initiate proceedings if, on the day of submitting the application for an ICT permit, at least one of the following circumstances listed in Article 139e of the Act on Foreigners applies to the foreigner:

• the first or longest stay of a foreigner on the territory of the European Union as part of an intra-corporate transfer is to take place on the territory of another Member State of the European Union

• a foreigner applies for a temporary residence permit for the purpose of studying at university / a temporary residence permit for the purpose of conducting scientific research / for the purpose of long-term mobility of a researcher – or has one of the listed temporary residences permits

• a foreigner is an employee of a company with its registered office in another EU Member State temporarily posted to provide services on the territory of the Republic of Poland

• the foreigner conducts business activity on the territory of the Republic of Poland,

• the foreigner is employed by a temporary employment agency or other undertaking engaged in making workers available for work under the supervision and direction of another undertaking or is transferred within the undertaking with the participation of an entity carrying out an economic activity in the provision of employment services, or

• the foreigner stays on the territory of the Republic of Poland, unless they apply for another ICT permit and immediately before submitting the application for it, they stayed on the territory of the Republic of Poland on the basis of this permit

• the foreigner is on the territory of another EU Member State.

Refusal to initiate proceedings takes the form of a decision against which the appeal is lodged.

In the course of the proceedings, the administrative authority handling the case shall provide the party with the necessary instructions and guidance. Therefore, unless the host entity provides all the evidence necessary for the permit at the application stage, it will be requested by the authority in writing to provide it within more than 14 days. If, after becoming aware, it appears that the request is not understandable, the representative of the receiving entity should ask the authority to clarify it. The summons will be delivered to the foreigner with a receipt by the postal operator at the address indicated by them or by ePUAP (or delivered to their representative, if established). Detailed rules for service are regulated by Chapter 8 of the Code of Civil Procedure – Service.

Remember!

• It is in the interest of the party to cooperate closely with the authority on the application.

• When changing the address for service, notify the authority of this fact.

• When going abroad, appoint a representative for service in the country.

More information in the tab: Most common mistakes.