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Q&A

How can a Polish company interested in employing IT specialists from countries covered by the Poland. Business Harbour program join the Program?/ How to join the list of partner companies of the PBH Program?

To join the Program as an employer, you must complete  the application form, which aims to collect the demand from Polish companies for IT employees. After verification, the application will be published on the https://www.gov.pl/pbh/specjalista-it website, which is the main information point for programmers from abroad (and other IT employees) considering moving to Poland. Verification of the application usually takes about 30 days.

If you need to update your company details, please contact us by e-mail: govtech@kprm.gov.pl

How can I hire an employee with a D23 Poland. Business Harbour visa?

Poland. Business Harbour visa holders can work in Poland without obtaining an employment permit during the validity of the visa. The employment process is the same as that  of Polish citizens.. The employer must attach a scan of the D23 Poland Business Harbour visa to the employee's personal file.

 

Legal basis: Regulation of the Minister of Development, Labour and Technology of the 20th November 2020 amending the Regulation on cases in which entrusting work to a foreigner on the territory of the Republic of Poland is permissible without the need to obtain a work permit.

Can the holder of a Poland. Business Harbour visa set up a sole proprietorship and work on the basis of B2B contracts?

Yes, beneficiaries of government programs listed on the KPRM website (including the PBH program) may set up business activity in Poland on terms the same as  those  persons with Polish citizenship.

Legal basis: art. 4 sec. 8 of the Act dated 6 March 2018 on the rules of participation of foreign entrepreneurs and other foreign persons in business transactions on the territory of the Republic of Poland (Journal of Laws from 2020, item 1252)

Setting up a sole proprietorship is possible through the CEIDG system or in person at the city / commune office, a foreigner should have a registered address in Poland.

Is it possible to obtain a  Poland. Business Harbour  visa in Poland?

The Poland. Business Harbour visa can only be obtained at Polish diplomatic missions outside of the EU.

 

In order to extend their stay in Poland, a foreigner may submit an application for a residence permit at the Voivodship Office responsible for the place of residence of the foreigner. More information: http://archiwalna.udsc.gov.pl/en/cudzoziemcy/obywatele-panstw-trzecich/chce-przedluzyc-swoj-pobyt-w-polsce/

Is it possible to obtain a Poland. Business harbour visa in a different country than the country of citizenship?

According to the current legislation, a visa application must be submitted in the country of residence (usually the country of citizenship) of the foreigner or in the country where the foreigner has a permanent residence permit. In exceptional cases, with the consent of the consul, obtaining a visa is possible in other countries outside the Schengen countries. This decision is made based on the amount of applicants and the waiting period  for the appointment. In this case, it is necessary to register for a visa application through the e-consulate system. The consulate may also require justification of the reasons for the application in a country other than the country of residence.

In order to extend their stay in Poland, a foreigner may submit an application for a residence permit at the Voivodship Office responsible for the place of residence of the foreigner. More information: http://archiwalna.udsc.gov.pl/en/cudzoziemcy/obywatele-panstw-trzecich/chce-przedluzyc-swoj-pobyt-w-polsce/

Where can I find a sample document of proof of interest in employing a foreigner / recommendation?

Proof of interest from a company from the list of partner companies of the Program,  may be a letter of intent, statement or e-mail from the company containing company data,  the foreigner’s data and the planned nature of employment / cooperation. The recommended template of the proof of interest at the bottom of the page. Proof of interest is required in the visa process and does not impose an obligation to employ a foreigner.

How long is the waiting period for a PBH visa?

The waiting time for a visa depends on the country, the number of visa applications currently submitted and the burden on the Consular office there. Usually, a visa can be obtained within 2-5 weeks of the foreigner's contact with the Consulate / Visa Center.

What is the legal basis of the Poland.Business Harbour Program? Are there any regulations that regulate the rules of its operation?

 

The institutions implementing the program, conduct it within the framework of their current tasks and competences, hence there was no need to create a separate legal basis.

Are there any additional obligations for the employer or a possible future employee associated with joining this program?

Participation in the program is free of charge and does not impose additional obligations on the employer or employee.

Is there a fee to participate in the program?

Participation in the PBH Program is free of charge for both the company and the employee

What is the difference between the D23 Poland. Business Harbour visa and other visas, e.g. a work visa?

The most important distinction between the D23 Poland.Business Harbour visa is the possibility of working in Poland without the need to obtain a work permit and the possibility for a foreigner to run their own business in Poland. Participation in the PBH program allows for obtaining  visas for family members of an IT specialist and/ or relocating the employees of  a company.

 

Materials

STATEMENT OF INTENT OF EMPLOYMENT / COOPERATION * WITH A FOREIGNER UNDER THE POLAND.BUSINESS HARBOUR PROGRAM
statement​_of​_intent.pdf 0.39MB
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