Job Discussion Forums

[Master Shake]

So over one month ago I filed an application to start a business. I did this because some of my clients wanted invoices, usually for tax purposes. The process was supposed to be fairly quick and straight forward, as Simon details in the sticky.

I should mention that I'm a U.S. citizen, have been working and living in Poland legally for over a year now. I have a visa (through a language school I work for) and work permit valid until December.

But apparently setting up a business is forbidden under my current visa. They won't let me set up the business because I don't have 'long term' residency in Poland. This is the type of residency you get by marrying a Pole or having Polish relatives, for example.

Have any other non-EU people ran into a similar obstacle? Many of my clients/students this semester require invoices. I'm not ready to tie the knot with a Polish girl just yet.

[dynow]

This is why, no matter what, i always recommend getting a residency card and opening your own business rather than doing the work visa route. it ties you down to the school along with other restrictions whereas when you have your residency card, you can work and live in poland as long as you want and simply hand out invoices each month. also, when you decide to fly the coop with a school for whatever reason, you simply walk away and there's nothing they can do about it. considering how many dodgy schools exist in poland, it's a nice insurance policy.

it's very tempting to sign a contract with a school and get a work visa because there's less paperwork in the beginning, but there are, as you can see, consequences.

[Master Shake]

[dynow]

mastershake wrote:

[Master Shake]

I have a residency card (karta pobytu). My residency card was issued on the basis of me having a contract with a school in Poland. Apparently, this is the problem: If your 'decision' is based on an agreement with a school, you don't get permission to open a company.

I know, it's strange. It doesn't make sense to me. Perhaps it was a mistake. But the people at Mazowiecki Urząd Wojew�dzki said the same thing.

I filed the application back in August, waited over a month. Then finally they contacted my accountant and said that I couldn't open a business because I don't have permission.

[dynow]

man, that's a raw deal Shake.

What happens if you stop coming to work and they fire you? You lose legal residence in Poland?

what if you wait out the contract with your current school, once it's finished you quit, and then change the status on your KP? you already have legal residence, i'd assume that you could change your KP status, no? maybe you'd have to wait till your KP is expiring and when you reapply for another year's residence, you can change your status....?

[spiral78]

What happens if you stop coming to work and they fire you? You lose legal residence in Poland?

I'm American with a permit in the Netherlands, also tied to my job (which I've just resigned from). I have 90 days to get out of the country Fortunately, I knew that in advance (planned on it) and have permanent residency in the CR, so I'll hole up there for a while until the time is right to seek further employment.

Probably the same in Poland - yes, you'd have to leave!

[sparks]

Have you tried just telling them you have no karta pobytu? Or just quit the school. Really, contracts mean nothing. I assume you have a NIP and PESEL. I just used these and my passport to open the business then got the KP based on the business.

[Master Shake]

[Sashadroogie]

Dear Master Shake

I know nothing about Polish visas, freely admitted, but in most countries only the Ministry of Foreign Affairs, or whatever government ministry responsible for visas, has the authority to cancel visas or permits. No school or company does, no matter what they may claim. Obviously, perhaps Poland is different in this regard, but I'd be surprised.

Good luck

S

[sparks]

I lived here for quite a few years on various visas/non visas. Over the years I did get, first my PESEL and then a couple years later I became aware that I had a NIP and what it is. Not really caring about either of these numbers when I moved to Warsaw and was persuaded to open a business, realizing that the Schengen agreement would be tightening borders. I dug up my two numbers and wrote them on the forms first at the Urzad Miasto to get a REGON number then onward through the process.

I hear that you only really need to tell the Urzad Skarbowy that you would like a NIP number and ZUS that you would like a PESEL and they will take your info and oblige. Once you have these you are good to go.

Really I was quite shocked at how easy it was and how readily they accepted what I more than half believed to be bogus numbers conjured up by shady schools to fill in some boxes on paperwork.

Of course this was several years ago, so it may have changed.

[spiral78]

know nothing about Polish visas, freely admitted, but in most countries only the Ministry of Foreign Affairs, or whatever government ministry responsible for visas, has the authority to cancel visas or permits. No school or company does, no matter what they may claim. Obviously, perhaps Poland is different in this regard, but I'd be surprised.

Yeah - but I'm pretty sure it'll be the same as the process here - the school has an obligation (re-inforced by tax law) to report that teacher X is no longer employed - and the ministry then promptly puts the process in place. I've already been contacted regarding my Dutch residency/work card, and an appointment made for me to hand it over officially. I'm not arguing with them, but if you kept it illegally, one of those nasty little scanners used by border dudes would surely sniff you out, and I reckon that would be considered fraud.....

[Sashadroogie]

This is very true. However, if Poland is even the slightest bit as corrupt as most other countries east of the Oder, then the schools there would have as much to fear from a teacher, say for example, filing for a case of unfair dismissal, as a teacher has from a school cancelling a permit. Have the schools always paid their tax? These are questions that no school wants dealt with officially. My experience (not in Poland, granted) is that schools are happy to leave bolshie teachers alone if they quit, pretend they are on 'reduced hours', rather than report them and risk damaging, expensive conflict.

Holland is very different. Everything upfront and by the book - through the books, more to the point. Dunno about Poland. I'm sure those on the ground will be able to correct me if I am mistaken.

[spiral78]

Holland is very different. Everything upfront and by the book

Yeah...tell THAT one to my current boss

[Sashadroogie]

Tax and residency, I meant. I doubt you are semi-legal in Holland...