Temporary Residence Permit for Business Activity in Poland (JDG): Legal Basis, Requirements, and Practical Assessment
What This Type of Permit Is and Where It Is Regulated
In Polish immigration law, the so-called “JDG residence card” is not a separate legal category. In formal terms, it is a temporary residence permit for the purpose of conducting business activity (zezwolenie na pobyt czasowy w celu prowadzenia działalności gospodarczej).
The legal basis is provided by the Act of 12 December 2013 on Foreigners (Ustawa o cudzoziemcach). The core substantive provision is Article 142, which regulates temporary residence for business purposes.
Importantly, this legal framework covers not only classical sole proprietorship (JDG), where available to a foreign national, but also certain managerial and ownership functions in companies, such as:
- members of the management board of a company (e.g. zarząd in a sp. z o.o. or S.A.),
- partners with management authority in partnerships,
- prokurent (commercial proxy),
provided that the conditions set out in Article 142 are met.
Core Legal Framework Applied by the Voivodeship Office
General rule for any temporary residence: Article 98
All temporary residence permits are subject to the general rule in Article 98, under which the permit is granted for the period necessary to achieve the declared purpose of stay, but for no longer than three years.
Specific framework for business activity: Chapter 5 and Article 142
The dedicated provisions for business-based residence are contained in Chapter 5 of the Act, with Article 142 as the central norm. The key legal logic is:
- the declared purpose of stay must be conducting business activity in accordance with Polish law, and
- the foreigner must meet additional economic, social, and formal conditions demonstrating that the business genuinely justifies residence in Poland.
Income as a legal criterion: reference to Article 140(2)
In practice, income is not assessed abstractly. The authorities apply income thresholds linked to Article 140(2), by reference to the social assistance income criteria.
As of 1 January 2026, the relevant minimum thresholds are:
- PLN 1,010 net for a single person,
- PLN 823 net per person in a family.
These thresholds result from the Act of 12 March 2004 on Social Assistance and the Regulation of the Council of Ministers of 12 July 2024 on verified income criteria and social benefit amounts.
Article 142a: potential quantitative limits
Article 142a authorises the minister to introduce, by regulation, limits on the number of permits of this type. Although this is not an everyday obstacle in individual cases, it forms part of the regulatory model and may affect future policy.
Procedural aspects and extensions: Articles 106(2a) and 112a
From a procedural perspective, two provisions are particularly relevant:
- Article 106, including the mechanism for requests to supplement documents with a minimum 14-day deadline, which in practice often leads to long chains of additional submissions;
- Article 112a, which regulates decision-making time limits and is frequently the legal basis for disputes concerning excessive length of proceedings (przewlekłość).
Law vs. Administrative Practice: Where the Gap Appears
Framework law vs. practical thresholds
Article 142 is formulated as a framework provision. It requires that business activity be genuine and economically justified. In practice, however, voivodeship offices often apply more concrete expectations.
A common example found in official guidance is the requirement that income reach a level such as “12 times the average monthly gross salary” as a benchmark for economic viability. This is not a literal quotation from a single statutory sentence, but a practical method of assessing whether the business realistically justifies residence.
Reality of business over formal registration
In real proceedings, the authority does not focus solely on the fact that a business exists in a register. The key question is whether the activity is actually carried out and whether it genuinely justifies the foreigner’s stay.
As a result, the most relevant evidence often includes:
- contracts and orders,
- issued invoices and cash flow,
- investments and operational logic,
- tax and social security compliance.
These are not “extra-legal” requirements. They are the practical way in which the authority verifies that the declared purpose of stay truly exists and is not merely declarative.
What the Authority Actually Assesses under Article 142
Purpose of stay and its continuity
The authority effectively asks whether conducting business is the real and continuing purpose of stay. If the business appears artificial or secondary, this may lead to a negative assessment of the declared purpose.
Income: both amount and structure
Two dimensions are assessed:
- minimum income for personal or family maintenance (linked to Article 140(2) thresholds), and
- broader economic viability of the business, often reflected in practical benchmarks such as multiples of the average salary.
ZUS and tax compliance as a credibility factor
Arrears with ZUS or the tax office are interpreted not only as a financial issue but also as a sign of:
- instability of income,
- failure to meet entrepreneurial obligations,
- increased risk that the conditions of the permit will not be maintained.
This becomes particularly important at the extension stage.
Accommodation and health insurance
These are standard elements for any temporary residence permit. In business cases, however, refusals are more often based on income, reality of activity, and compliance, rather than on accommodation or insurance alone.
Extensions: Retrospective Assessment, Not Assumptions
When applying for a subsequent permit on the same basis, the authority no longer assumes that the business will work. It assesses what actually happened during the previous permit period.
In practice, this means analysing:
- whether the activity was real (contracts, turnover, investments),
- whether income was stable and regular,
- whether there are arrears with ZUS or tax authorities,
- whether the purpose of stay has effectively ceased,
- whether the migration history is compliant.
This approach is consistent with the legal mechanism for withdrawal of a permit if the purpose of stay has ceased or conditions are no longer met.
Risk of Losing a Business-Based Permit
The legal basis for withdrawal is Article 101, under which a permit may be withdrawn, in particular if:
- the purpose of stay has ceased, or
- the foreigner no longer meets the conditions related to the declared purpose.
Typical practical triggers include:
Significant or long-term income decline
A single weak month is not usually decisive. However, sustained decline undermining the ability to maintain oneself or to justify residence through business activity creates a real risk.
Suspension or factual cessation of JDG
Long-term suspension or de facto inactivity leads to a straightforward conclusion: the purpose of stay has ceased.
ZUS or tax arrears
Without formal deferral or instalment agreements, arrears are commonly interpreted as failure to meet the conditions of the permit and as a risk to the legality and stability of stay.
Does JDG Build a Stable Migration History?
Yes – but only if three elements are consistently present:
- real business activity,
- stable income,
- full compliance with tax and social security obligations.
Mere registration in CEIDG or purely declarative activity does not create a solid legal basis and may even raise doubts about the genuine purpose of stay.
Conclusion
A temporary residence permit based on business activity is a fully independent and legitimate ground for legalisation of stay in Poland. However, its legal structure differs fundamentally from more classical residence titles.
The core of this model is not formal entrepreneurial status, but a factual assessment of whether business activity genuinely constitutes the purpose of stay and whether it economically justifies the foreigner’s presence in Poland.
Although Article 142 is formulated in general terms, in administrative practice it is filled with concrete content through analysis of income, financial stability, tax and social security compliance, and the reality of business operations. This is where the key difference arises between theoretical eligibility and the practical ability to demonstrate compliance.
At the extension stage, the authority no longer relies on plans or declarations. It evaluates actual business performance and compliance. In this sense, a business-based residence permit is not only a right, but also a continuous legal test of whether the declared purpose of stay is maintained.
Where business activity is real, economically viable, and supported by proper financial and legal conduct, it can serve as a stable long-term basis for legal stay and a positive migration history. Where it is not, the same legal framework becomes a source of increased risk, both at the initial application stage and upon extension.
Ukrainian version of this article
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