Relocating to Poland involves various legal considerations, whether you are a citizen of the European Union (EU) or a non-EU national. Understanding the legal aspects of moving to Poland is essential to ensure a smooth transition. This article provides a detailed guide on the legal requirements and processes for both EU and non-EU citizens who plan to relocate to Poland.
1. Visa and Residence Permits
For EU Citizens:
EU citizens have the right to move to and reside in Poland without a visa. Under EU law, you can stay in Poland for up to 90 days without registering your stay. However, if you plan to stay for longer than three months, you are required to register your residence at the local Voivodeship Office (Urząd Wojewódzki). You will need to provide proof of employment, study, or sufficient financial resources to support yourself during your stay.
For Non-EU Citizens:
Non-EU citizens must obtain a visa to enter Poland. There are several types of visas available, including:
- Schengen Visa (Type C): For short stays of up to 90 days within a 180-day period, typically for tourism or business purposes.
- National Visa (Type D): For stays longer than 90 days, often used for work, study, or family reunification.
If you plan to stay in Poland for an extended period, you will need to apply for a temporary residence permit (karta pobytu). This permit allows you to stay in Poland for up to three years and can be extended. The application process involves submitting various documents, including proof of accommodation, health insurance, and sufficient financial means.
2. Work Permits and Employment Regulations
For EU Citizens:
EU citizens do not need a work permit to work in Poland. You are free to seek employment, start a business, or engage in freelance work without any additional permits. However, it is advisable to obtain a residence registration, as mentioned earlier, if you plan to work in Poland for more than three months.
For Non-EU Citizens:
Non-EU citizens are generally required to obtain a work permit to be employed in Poland. There are several types of work permits available, depending on the nature of the job and the duration of the employment. The most common types include:
- Type A Work Permit: For employment based on a contract with a Polish employer.
- Type B Work Permit: For foreigners who perform management functions in a company for more than six months in a 12-month period.
- Type C Work Permit: For foreigners sent to work in Poland by a foreign employer.
Some categories of non-EU citizens, such as those holding a permanent residence permit or those with refugee status, may be exempt from the work permit requirement.
3. Registering with Local Authorities
Once you have secured your residence and work permits, it is important to register your address with the local authorities. This process is known as meldunek and is mandatory for both EU and non-EU citizens. Registration should be done within 30 days of arriving in Poland if you plan to stay for more than 90 days.
The registration process involves visiting the local municipal office (Urząd Gminy or Urząd Miasta) and providing documentation, including your passport, rental agreement, and residence permit (if applicable). After registration, you will receive a certificate confirming your address in Poland.
4. Health Insurance Requirements
Both EU and non-EU citizens must have health insurance coverage during their stay in Poland.
For EU Citizens:
If you are an EU citizen, you can use your European Health Insurance Card (EHIC) to access public healthcare services in Poland. However, it is advisable to register with the Polish National Health Fund (Narodowy Fundusz Zdrowia, NFZ) for more comprehensive coverage, especially if you plan to work or study in Poland.
For Non-EU Citizens:
Non-EU citizens are required to have private health insurance or register with the NFZ. The health insurance policy must cover medical expenses, including hospitalization and emergency treatment. Proof of health insurance is required when applying for a visa or residence permit.
5. Tax Obligations and Social Security
Relocating to Poland also involves tax and social security obligations.
For EU Citizens:
If you are employed in Poland, you will be subject to Polish income tax. Poland has double taxation agreements with most EU countries, which means that you won’t be taxed twice on the same income. You will also contribute to the Polish social security system, which covers pensions, healthcare, and other benefits.
For Non-EU Citizens:
Non-EU citizens working in Poland are also subject to Polish income tax and social security contributions. It is important to check whether your home country has a double taxation agreement with Poland to avoid being taxed twice. Your employer will usually handle your tax and social security contributions, but if you are self-employed, you will need to take care of these obligations yourself.
6. Property Ownership and Renting
Whether you are buying or renting a property in Poland, there are specific legal requirements to be aware of.
For EU Citizens:
EU citizens have the right to purchase property in Poland without restrictions. You can buy residential, commercial, or agricultural property just like any Polish citizen. When purchasing property, it is advisable to conduct a thorough legal check of the property’s title deed and ensure that the transaction complies with Polish law.
If you prefer to rent, you should sign a formal rental agreement (umowa najmu) with the landlord. The agreement should clearly outline the terms, including rent, duration, and responsibilities of both parties.
For Non-EU Citizens:
Non-EU citizens can also purchase property in Poland, but in some cases, they may need to obtain permission from the Ministry of Internal Affairs, especially when buying agricultural or forest land. This process can be complex, so it is advisable to seek legal assistance.
When renting a property, non-EU citizens should ensure that the rental agreement is in writing and legally binding. The agreement should be registered with the local tax office if it exceeds a certain duration.
7. Education and School Enrollment
If you are relocating to Poland with children, you will need to consider their education. Poland offers both public and private schools, with instruction in Polish and, in some cases, English or other languages.
For EU Citizens:
EU citizens have the right to enroll their children in public schools in Poland. Education is compulsory for children between the ages of 7 and 18. You will need to provide proof of residence and other relevant documents when enrolling your child in school.
For Non-EU Citizens:
Non-EU citizens can also enroll their children in Polish schools, but the process may require additional documentation, such as a residence permit and proof of health insurance. Many international schools in Poland offer curriculums in English, which may be a better option for non-Polish-speaking families.
8. Integration and Language Requirements
Integrating into Polish society may require learning the language, especially for non-EU citizens who plan to stay long-term. While there is no formal language requirement for most visas and residence permits, having basic knowledge of Polish can greatly enhance your experience and make it easier to navigate everyday life.
Several language schools and cultural integration programs are available for foreigners in Poland. It is advisable to take advantage of these resources to help you settle into your new environment.
Who Am I?
I am a House Hunter, a real estate agent in Poland who specializes in finding homes for foreigners. Primarily, I work in software development for a large corporation. For some time now, I have also been investing in real estate. The issues I encountered with real estate agents in Poland led me to establish a small real estate agency in Poland, focused on helping people who are unfamiliar with the realities of the Polish real estate market.
Conclusion
Relocating to Poland involves navigating a range of legal requirements, from obtaining the necessary visas and residence permits to complying with tax and social security obligations. Whether you are an EU or non-EU citizen, understanding these legal aspects is essential to ensure a smooth transition and successful integration into Polish society.
By preparing in advance, seeking legal assistance when needed, and staying informed about your rights and responsibilities, you can make your relocation to Poland a positive and rewarding experience.
