New temporary residence permits for intra-corporate transfers

January 11, 2017

The Polish parliament is considering draft legislation:

Why now?

The draft legislation transposes the provisions of a 2014 EU Directive (2014/66/EU) relating to the entry and residence of third-country nationals in the framework of intra-corporate transfers (“ICT”).  

Who can take advantage of the new temporary residence permit?

The new permit is intended for third-country managers, specialists and trainee employees employed within the same group of undertakings. To qualify for an ICT permit, a third-country national will have to meet certain conditions, including:

How long does the temporary ICT residence permit last?

The ICT permit for managers and specialists will be issued for the period of 3 years, and for trainee employees for the maximum period of one year.

What is the application procedure?

The host entity will be able to submit an application for the ICT permit for a given third-country national.   

First come first served?

Possibly. The legislation provides the possibility to establish limits on the number of ICT permits that may be granted to third-country nationals in a given calendar year on certain bases, including by types of activity or profession,  allowing ICT visa holders from other EU countries to work in Poland.

Third-country nationals who hold a valid intra-corporate transferee permit issued by an EU Member State will be entitled to stay in Poland and work in an entity belonging to the same undertaking or group of undertakings for a period of up to 90 days in any 180-day period (short-term mobility).  Notification is required to the Head of the Office for Foreigners in Poland by the host entity in the first Member State about the intention of the intra-corporate transferee to work in an entity established in Poland. 

Third-country nationals will also be entitled to obtain a new temporary residence permit for long-term mobility if an intra-corporate transferee would work beyond 90 days, provided the third-country national meets a number of additional specified conditions.

 

Further information 

The link below (Polish language only) allows you to track the legislative process of the Act:

http://www.sejm.gov.pl/sejm8.nsf/PrzebiegProc.xsp?nr=1780 

For further information or to discuss any of the issues raised, please contact Roch Pałubicki (roch.palubicki@skslegal.pl) on +48 61 856 0414.

Category:

CELIA Alliance
CELIA Alliance members are identified here. Members of the CELIA Alliance are each independent law firms and do not practice law jointly with any other member of the CELIA Alliance. “CELIA Alliance” and “CELIA” are not trading names. For more information about the CELIA Alliance click here.

Disclaimer
Content is for general information purposes only. The information provided is not intended to be comprehensive and it does not constitute or contain legal or other advice. If you require assistance in relation to any issue please seek specific advice relevant to your particular circumstances. In particular, no responsibility shall be accepted by the authors or by Abbiss Cadres LLP for any losses occasioned by reliance on any content appearing on or accessible from this newsletter. For further legal information click here.

Copying
If you would like to copy or otherwise reproduce this article then you may do so provided that: (1) any such copy or reproduction is for your own personal use or if it is made available to any third party it is done so on a free of charge basis; and (2) the article is reproduced in full together with the contact details, disclaimer and any logos as they appear on each article.

Leave a Reply

Your email address will not be published. Required fields are marked *