The possibility of temporary presence of natural persons for business purposes in the territory of EU Member States
The Trade and Cooperation Agreement concluded by the European Union with the United Kingdom in the field of residence rights provides for the possibility of temporary presence of natural persons for business purposes in the territory of EU Member States, including Poland, as part of the provision of services by British entities on this territory (so-called „Mode 4” of service delivery).
These are the following categories of natural persons:
- business visitors for establishment purposes,
- short-term business visitors,
- contractual service suppliers,
- independent professionals,
- intra-corporate transferees.
The provisions of the Agreement correspond in this respect to the commitments entered into by the EU, together with other industrialized third countries throughout the world, under trade agreements concluded with them.
The agreement in this respect is not directly applicable. Nothing in this Agreement or any supplementing agreement shall be construed as conferring rights or imposing obligations on persons other than those created between the Parties under public international law, nor as permitting this Agreement or any supplementing agreement to be directly invoked in the domestic legal systems of the Parties (Art. COMPROV.16 sec. 1 of the Agreement).
The Agreement does not include a chapter on mobility or any provision aimed at facilitating short-term visits or long-term stays of the citizens of the Parties on the territory of the other Party.
The only exception relates to the above mentioned temporary movement of natural persons for business purposes (mode 4 of provisions of services), as defined in the chapter on Trade in Services. As a result, the Agreement does not cover the right to enter (with or without visa), work, reside or stay of EU citizens in the UK or of UK nationals in the EU.
The posting of workers known from the EU law ceases to apply, as it is part of the free movement of services within the EU, subject to conditions. The Agreement does not include rules for the posting of UK workers in the EU, or vice-versa, however, it gives the possibility of the above-mentioned temporary stay of natural persons for the purpose of providing services, as part of Mode 4 (e.g. as part of an intra-corporate transfer or the delegation of employees performing a contract related to the ordered service).
The Agreement nevertheless contains a number of social security coordination measures aimed at protecting the entitlements of EU citizens temporarily staying in, moving to or working in the UK and of UK nationals temporarily staying in, moving to or working in the EU after 1 January 2021. It concerns persons in a cross-border situation as of 1 January 2021, legally residing in the EU or the UK, and whose situation is not confined to a single country from a social security perspective. It also covers their family members and survivors.
The provisions on social security coordination cover also healthcare. While additional requirements may apply under domestic immigration legislation, the Agreement secures that the country of insurance reimburses the costs of treatment to the country of residence, so in this regard the same arrangements will apply as hitherto. They will apply to people coming for tourism, study or business purposes, pensioners, as well as frontier workers, working in one Party and residing in another.
The posting of workers is part of the free movement of services within the EU, subject to conditions. The Agreement does not include rules for the posting of UK workers in the EU, or vice-versa. Member States may request, upon notification to the Commission, to continue the posting system as regards the social security coordination, as it existed so far for a period of up to 15 years. Member States can terminate the posting system earlier. During this period of time, posted workers will then pay their social security contributions in the Party that sent them.
Territorial scope
The new Agreement does not in principle cover the overseas countries and territories of both Parties. The Agreement does not apply to Gibraltar nor has any effects on its territory.
Entry and temporary stay of natural persons for business purposes :
In Part Two of the Agreement, entitled „Trade, Transport, Fisheries and Other Arrangements”, Heading One: Trade, Title II: Services and Investments, Chapter 4: ” Entry and temporary stay of natural persons for business purposes”, the following categories of natural persons who may undertake temporary business trips to the territory of the EU Member States, including Poland are provided for and defined:
- business visitors for establishment purposes – stays up to 90 days within any six-month period,
- short-term business visitors – stays up to 90 days within any six-month period,
- contractual service suppliers – stays up to 12 months,
- independent professionals – stays up to 12 months,
- intra-corporate transferees – stays up to 3 years for managers and specialists and stays up to 1 year for trainee employees, in accordance with the Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra- corporate transfer (OJ L 157, 27.5.2014, p. 1).
The provisions of the Agreement and its Annexes specify in detail the conditions and facilitations relating to the above-mentioned categories of natural persons, sectors of the economy in which services may be provided under the Agreement, detailed reservations of individual Member States, as well as the exceptions provided for.
To the extent that commitments are not undertaken in this Chapter, all requirements provided for in the law of a Party regarding the entry and temporary stay of natural persons shall continue to apply, including laws and regulations concerning the period of stay.
Entry and stay rules concerning Poland
Natural persons arriving for business purposes as part of the provision of services by British entities on the territory of Poland under the „Mode 4” of provision of services under the Trade and Cooperation Agreement concluded by the EU with the United Kingdom will benefit from the provisions of the Act of 12 December 2013 on Foreigners (Journal of Laws of 2020, item 35, as amended) concerning intra-corporate transferees, implementing the Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer, as well as from the general rules of entry and stay on the territory of the Republic of Poland regarding third-country nationals.
These persons will have to meet the requirements referred to individual categories of natural persons, provided for in the Agreement (Part Two, Heading One, Title II, Chapter 4 of the Agreement entitled: „Entry and temporary stay of natural persons for business purposes”) as well as in the Annexes SERVIN-3 and SERVIN -4 to the Agreement.
- business visitors for establishment purposes and short-term business visitors (stays up to 90 days within any six-month period):
– will be able to come to Poland under a visa-free regime, as UK citizens are exempt from the visa requirement for short-term stays of up to 90 days in each 180-day period throughout the territory of the Schengen states, including Poland. Polish regulations do not exclude the exemption from the visa requirement in the case of arrivals of persons carrying out a paid activity during their stay.
Detailed information on entry and stay may be found here.
To calculate your stay and ensure compliance with this rule, so you don’t exceed the allowed number of days in the Schengen zone, you can use the Schengen Visa calculator provided by SchengenCalculator.net .This tool helps track days spent in the Schengen Area and plan travels accordingly, avoiding any visa overstays or violations.
- contractual service suppliers and independent professionals (stays up to 12 months):
– in the case of arrival for a stay of up to 90 days in any 6-month period in the territory of the Schengen countries, these persons will be able to come to Poland under a visa-free regime, as UK citizens are exempt from the visa requirement for short-term stays of up to 90 days in each 180-day period throughout the territory of the Schengen states, including Poland. Polish regulations do not exclude the exemption from the visa requirement in the case of arrivals of persons carrying out a paid activity during their stay.
– for stays exceeding 90 days, it will be necessary to obtain a national visa (D) at the Polish Consulate.
Detailed information on entry and stay may be found here.
- intra-corporate transferees (ICT):
– will be able to obtain temporary residence permits provided for these employees and will be able to use the mobility of intra-corporate transferees to the territory of Poland in accordance with the provisions of the Act of 12 December 2013 on foreigners transposing the Directive 2014/66/EU of the European Parliament and of the Council with of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra- corporate transfer.
Note: a temporary residence permit for the purpose of performing work under the intra-corporate transfer and a temporary residence permit for the purpose of a long-term mobility of a manager, specialist or trainee employee, as part of an intra-corporate transfer, is granted at the application of the host entity established in the territory of Poland, on a separate form. On the day of submitting the application for the first temporary residence permit for the purpose of performing work under the intra-corporate transfer, the foreigner should stay outside the EU. A number of other requirements must also be met.
Information on intra-corporate transfer may be found here.
There is a transition period which will last till the end of 2020. The Withdrawal Agreement protects all UK nationals residing in one of the 27 EU Member States during the transition period. The current rules regarding UK citizens residing in PL will still apply during the transition period – until the end of 2020.
Work and stay of citizens of the United Kingdom subsequent to January 31, 2020.
The United Kingdom have withdrawn from the European Union on January 31, 2020 on the basis of the Agreement on the withdrawal. The European Parliament and the EU Council had consented on the withdrawal in the vote of January 29, 2020.
Pursuant to the Agreement on the withdrawal, a transition period has been introduced and applies from February 1, 2020 to December 31, 2020. During this period, the rules of stay and work citizens of the United Kingdom and members of their families in Poland will remain unchanged.
At the end of the transition period, citizens of the United Kingdom and members of their families (who are not EU citizens) will have the right to reside and work in Poland if they had been beneficiaries of the right to reside in Poland in accordance with EU law before the end of the transition period and continue to live in Poland. Confirmation of having the residence permit or the permanent residence permit will be a document bearing the endorsement that it was issued in accordance with the Agreement on the withdrawal.
The documents (in a form resembling an ID card) will be issued by voivodship offices relevant for the place of the foreigner‘s residence. Therefore, those citizens of the United Kingdom who have not obtained a residence permit in Poland (confirming the right of residence or the right of permanent residence), and they would like to stay and work in Poland also after the end of the transition period, should go to the voivodship office to obtain a residence permit.
Currently, it is planned that citizens of the United Kingdom and members of their families residing in Poland will be able to apply for the documents bearing the endorsement that they were issued in accordance with the Agreement on the withdrawal – after the end of the transition period. The documents will identify the beneficiaries of the Agreement after the transition period.
Information on, among others residence rights of British citizens in Poland in connection with Brexit, can be found on the website of the Office for Foreigners.
Unemployed status and benefit
The Kingdom of Great Britain and Northern Ireland has left the European Union in an orderly manner on the basis of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. On that date, a transition period until the end of 2020 began.
During the transition period beginning on the date of entry into force of the Agreement on withdrawal, nationals of the United Kingdom and Northern Ireland shall enjoy equal treatment with nationals of the European Union. As a result, citizens of the United Kingdom and Northern Ireland will acquire unemployment status and the right to benefit on the same basis as European Union citizens. This principle will apply until the end of 2020.
Up-to-date information on:
– the status of the unemployed can be found on the website.
– the rights to unemployment benefit can be found on the website.
Employment agency activities
During the Transition period – starting from the date of entry into force of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and ending on 31 December 2020 – Entrepreneurs from the United Kingdom of Great Britain and Northern Ireland may take up and carry out on the territory of Poland the activities of an employment agency:
- with regard to temporary work on the basis of an entry on in the register of employment agencies, in accordance with Article 18 section 3 of the Act of 20 April 2004 on employment promotion and labour market institutions (Journal of Laws of 2019, item 1482, as amended), or
- as regards placement, personal counselling or professional guidance within the framework of the notification referred to in Article 19i section 1 of the Act of 20 April 2004 on employment promotion and labour market institutions
– under the existing rules, i.e. they will be treated as foreign entrepreneurs from European Union member states.
At the same time, there is a possibility to extend the transition period by mutual agreement between the European Union and the United Kingdom.
Up-to-date information can be found here (in Polish) and here (in English).
Education of the United Kingdom of Great Britain and Northern Ireland citizens in Poland after Brexit
Children of UK citizens have access to education and care in public kindergartens, other public forms of pre-school education, as well as in public primary schools, including art schools, in public institutions, including art and public secondary schools, under the same conditions as Polish nationals until they reach the age of 18 or until their graduation from a public secondary school.
In the transition period UK citizens have access to education in public schools for adults, public post-secondary schools, public art schools, public institutions and public colleges of social work and to vocational qualifications courses under the same conditions as Polish nationals if they reside in Poland.
After the end of the transition period UK citizens have access to education in public schools for adults, public post-secondary schools, public art schools, public institutions and public colleges of social work and to vocational qualifications courses:
- as holders of a scholarship awarded by the Minister of National Education,
- as holders of a scholarship awarded by the body managing a school or educational institution, or by the head of a school or an institution;
- on a fee-paying basis.
Where tuition and/or other fees are charged, the level of fees is determined, and fees may be fully or partially waived, by the body managing a given school or educational institution.
Individuals with dual citizenship: Polish and UK have access to education and care in public kindergartens and public schools on conditions applicable to Polish citizens.
Rules on entry of the United Kingdom citizens and their family members within the transition period
Within the transition period i.e. until December 31, 2020 the free movement of persons between EU member states and United Kingdom will continue on current rules. The United Kingdom citizens and their family members within the meaning of the art. 2 point 4 of the act of 14 July 2006 on the entry on the territory of the Republic of Poland, stay on and exit from that territory of the citizens of member states of the European Union and their family members (Journal of Laws of 2019, item 293, as amended), who accompany these UK citizens or join them will further benefit from the rules on entry and stay of the EU citizens and their family members, as if they continued to maintain their status of the EU citizens or their family members.This will apply both to the United Kingdom citizens and their family members who exercised free movement of persons on the territory or Poland as EU citizens before Brexit, and these United Kingdom citizens and their family members who accompany or join them, who will enter Poland after January 31, 2020 but before the end of the transition period i.e. December 31, 2020.
Rules on entry of the United Kingdom citizens and their family members after the transition period
- Rules on entry of the United Kingdom citizens and their family members who are beneficiaries of the exit agreement, after the transition period.
After the end of the transition period provided for in an exit agreement i.e. since January 1, 2021, the United Kingdom citizens will generally continue to maintain the right of entry and stay in the territory of Poland on similar to current rules if:
- they benefited from the right of entry on the territory of Poland according to EU law before the end of the transition period (it is also related the United Kingdom citizens who entered Poland after Brexit, but before the end of the transition period) and
- they have remained and have lived in Poland after the end of the transition period.
The right of entry and stay of these persons on the territory of Poland (the so called beneficiaries of the exit agreement) will be deriving directly from the exit agreement, and will be additionally regulated in the Polish national law.
The details of the Polish solutions, which will apply to the beneficiaries of the exit agreement after the end of the transition period will be defined in Polish legislation.
- Rules on entry of the United Kingdom citizens and their family members who are not beneficiaries of the exit agreement, after the transition period.
United Kingdom citizens and their family members, who are not the beneficiaries of the exit agreement, will have the right to enter the territory of Poland on the general rules i.e. as other third country nationals. The United Kingdom nationals who are not beneficiaries of the exit agreement will be exempted from visa requirement for short stay in Schengen i.e. 90 days in any 180-day period. The issue whether their family members will be required to possess visa for short stay in Schengen or exempt from visa will derive from the provisions of the regulation (EU) 2016/399 of the European Parliament and the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement.
1.The obligation to possess financial measures necessary for entry and stay on the territory of the Republic of Poland.
On the basis of the national law, the issue of counting the amount of financial measures necessary for entry and stay on the territory of the Republic of Poland is regulated in the regulation of the Ministry of Interior Affairs of February 23, 2015 on financial measures required from the foreigner entering the territory of the Republic of Poland and the documents, which may confirm the possibility to obtain such measures and the purpose and period of the planned stay.
According to these provisions the foreigner entering the territory of the Republic of Poland must be in the possession of the financial measures in the amount of at least:
- 300 PLN if the period of planned stay does not extend beyond 4 days;
- 75 PLN for each day of planned stay , if the period of planned stay des extend beyond 4 days – or equivalent amount in foreign currency.
Moreover in case when the foreigner does not possess the return ticket he must possess during border control the financial measures in the amount of the price of the ticket that he travelled with to the territory of the republic of Poland, however not less than:
- 200 PLN when he came from the country neighboring to the Republic of Poland,
- 500 PLN, if he travelled from the territory of the member state of the European Union other than the one indicated in point 1,
- 2500 PLN, if he travelled from the country not being the member state of the European Union – or equivalent of this amount in foreign currency.
The documents confirming the possibility to obtain required financial measures may be:
- the traveller’s cheque;
- the certificate on the amount of limit on the credit card issued by the bank, which issued the credit card;
- the certificate on the possession of the financial measures on the account in the bank, which possess his premises on the territory of Poland or other Schengen member state.
The obligation to possess financial measures and documents confirming the possibility to obtain such measures lawfully does not concern foreigners crossing the border on the basis of:
- International agreements, which exempt the foreigner form the obligation to possess such measures or there is an the obligation to cover the expenses of stay by the Polish authorities or public institutions;
- Repatriation visa
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- Visa for the purpose of employment
- Visa issued for the purpose of temporary protection
- Visa issued for the purpose of participation in the asylum proceedings
- Residence card
- Visa issued for the purpose of execution of rights deriving from the card pole.
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Moreover please be informed that the foreigner entering the territory of the Republic of Poland which:
- is the participant of the tourist trip, youth camp, sport competition,
- has the cost of stay on the territory of Poland covered
- is coming to the therapeutic or sanatorium facilities
- is a member of the program entitling to a vocational work on the territory of the Republic of Poland (and the work does not constitute his major purpose of stay) which is regulated by international agreement signed by the republic of Poland
- must be in the possession of financial measures, necessary for covering the costs of living on the territory of the Republic of Poland of the amount of at least 20 PLN for each day of the planned stay, and no less than 100 PLN, or an equivalent in the foreign currencies.
The documents, which may confirm the purpose and the period of the planned stay of the foreigner are:
- the documents confirming the participation in the tourist trip, youth camp or the sport competition;
- the proof of the payment for the cost of stay on the territory of the republic of Poland including at least cost of accommodation and alimentation;
- the referral to the therapeutic or sanatorium facilities;
- visa for the purpose of the participation in the vocational work program indicating in the field “Uwagi” the name of the program.
2.The obligation to possess medical insurance necessary for entry and stay on the territory of the Republic of Poland
Entry to Poland for short stays up to 90 days, medical insurance is not required.
The foreigners entering the territory of the Republic of Poland on the basis of national visa type D (stay longer than 90 days) for all purposes of stay (expecially for the purpose of employment), which is not subject yet to the medical insurance within the meaning of the act of 27 August 2004 on health care services financed from public funds, the obligation of the possession at Poland of the medical insurance fulfills by presentation of travel medical insurance for minimum amount of 30 000 euro, valid until receiving medical insurance, which covers all expenses, that may arise during stay on that territory deriving from the need of return from medical reasons, need of urgent medical assistance, urgent hospitalization or death, where insurer is obliged to cover all expenses directly to the medical service provider on the basis of the invoice.
3,The basic information on crossing the border for the purpose of employment on the territory of the Republic of Poland.
The foreigner in order to legally work in Poland must be in a possession of the work permit, the declaration on the entrustment of the performance or work to the foreigner or permit for a seasonal work (the simplified procedure relates only to several third countries defined in relevant provisions).
More information can be found on the website.