Part 2: IMMIGRATION THROUGH BUSINESS

QUESTIONS & ANSWERS FOR MERSERPL CLIENTS

7/24/20254 min read

1. Can I apply for a visa or residence permit after opening a company?

Yes, opening a company in Poland can serve as grounds for applying for a national type D visa or a temporary residence permit (TRP). However, it does not automatically grant immigration rights — you must prove that your business is operational, economically justified, and beneficial to the Polish economy (e.g., by creating jobs, generating income, and paying taxes). It is also important that the business owner has an official role in the company (e.g., as a board member or through an employment contract with their own company), as this confirms active involvement, not just nominal ownership.

We help properly structure the company and employment of the owner to meet the visa or TRP requirements.

We also prepare business plans and documentation tailored for immigration cases — significantly increasing your chances of approval.

2. How does an employment invitation from your own company work?

If you are the owner or founder of a Sp. z o.o., you can officially hire yourself within your own company. This is done through:

· an employment contract (umowa o pracę) or

· a B2B contract (umowa zlecenie / umowa o współpracy) — depending on structure and goals.

Such an arrangement allows you to apply for:

· a national work visa,

· or a temporary residence card as an employee.

Your company must meet the formal requirements:

· show real activity or turnover,

· be capable of paying salary (meeting legal minimums),

· pay taxes and ZUS contributions,

· have a registered legal address.

We help ensure proper documentation and structure to avoid issues with the immigration office.

3. Can I get a TRP just by registering a company, without activity?

No. Simply registering a company is not sufficient to obtain a residence permit. Polish immigration authorities assess whether the business is genuinely active: turnover, clients, taxes, office rental, staff, etc. You must show real business operations, not just a legal shell.
We help you gather proper proof of activity — such as contracts, invoices, bank statements — to prevent refusals due to missing evidence.

4. What documents must be submitted to the consulate?

When applying for a national type D visa based on business activity, the typical list includes:

· Valid passport

· Completed visa application form

· 2 biometric photos

· Health insurance valid for the visa period

· Proof of accommodation in Poland (rental contract or hotel booking)

· Company registration extract (KRS)

· Articles of association (company bylaws)

· Business plan or financial plan

· Proof of company activity (if any)

· Proof of financial resources (bank statement)

· Employment contract with your own company (if applicable)

· Visa application fee receipt

The exact list may vary slightly by country. We prepare your documentation specifically for the consulate where you’ll apply.

5. When can I apply for a temporary or permanent residence permit?

Temporary Residence Permit (karta czasowego pobytu): You may apply as soon as your company is active and you can prove:

· a functioning business bank account

· paid-in share capital

· signed contracts or issued invoices

· physical office address

· accounting setup

It's not about time — it’s about showing actual activity. You can apply even within 1–2 months of registering, if the business is active.

Permanent Residence Permit (karta stałego pobytu): You can apply after 5 years of uninterrupted legal residence in Poland based on TRP, assuming you’ve met all legal obligations (taxes, residence registration, no violations, etc.).

6. Can I issue a visa invitation to myself?

Yes. If you are both founder and director of a Polish company, you can legally issue a job offer to yourself. This includes:

· an employment contract (umowa o pracę), and

· submitting a notification to the local labor office (Powiatowy Urząd Pracy).

The company acts as the employer, and you act as the employee — this is completely legal and commonly used to apply for a type D work visa. Proper documentation is crucial to avoid suspicion of fictitious employment. We help prepare everything correctly.

7. What are the chances of getting a visa based on company registration?

Your chances depend on how well-prepared your documents are and whether your company shows real activity. Simple registration is not enough. Consulates look for:

· Proof that the business is real (office, invoices, contracts)

· Paid-in share capital

· Employment documents (including self-hiring)

· Company’s financial capacity

· A well-prepared business plan

If the documents are strong, chances are very high. We prepare business plans and immigration files tailored for consulates — boosting approval rates.

8. Can I apply for a residence card right away?

Yes, you can apply for a temporary residence card (karta pobytu) shortly after starting your company — but only after proving real business activity.

Before applying, you should already have:

· a Polish business bank account,

· paid-in share capital,

· signed contracts or issued invoices,

· registered company address,

· preferably an employment contract with yourself,

· a complete business plan.

If these are missing, the office may reject your application. We help structure your business properly and prepare all documents with no mistakes.

9. How long does it take to prepare documents for a TRP application?

On average, document preparation takes 2 to 4 weeks, depending on:

· the current state of your company,

· whether a bank account is open,

· if the business plan and financial model are ready,

· how complete your supporting documents are (contracts, invoices, rental, etc.)

If your business is already active, it’s faster. If you just registered, we’ll guide you step by step through the initial setup to avoid delays.

10. When can I apply for permanent residency (Pobyt stały)?

You can apply for permanent residency (karta stałego pobytu) after 5 years of uninterrupted legal stay in Poland on a TRP basis. Conditions:

· You must legally reside in Poland for 5 continuous years (with only short absences)

· You need documentation proving your stay and business activity

· You must meet all tax and legal obligations

· You must pass a Polish language exam at minimum B1 level

We assist clients through the entire process — from the first TRP to the final PR application — to avoid any mistakes that could reset the timeline.

11. What documents are required for a TRP application?

Minimum required documents include:

· Valid passport

· Lease agreement or proof of accommodation

· Company registration extract (KRS)

· Business activity documents (invoices, contracts, bank statements)

· Proof of financial stability

· Health insurance

· Business plan or company activity description

· Legal basis for stay (e.g. employment contract with your own company)

We build a complete package for your case to meet all requirements of the immigration office.