Who Can Run a Business in Poland? Foreigners' Rights (2026)
Short answer: EU and EFTA/EEA citizens, permanent and EU long-term residents and other listed groups may do business like Poles. Everyone else can use a company form such as sp. z o.o.
Whether you can register as a sole trader in Poland, or only through a company, depends on your citizenship and on the legal basis of your stay. The rule sits in one law: the Act of 6 March 2018 on the rules of participation of foreign entrepreneurs and other foreign persons in economic activity in Poland. The Marshal of the Sejm announced its consolidated text on 2 October 2026 (Dz. U. 2026, item 1313, published 9 October 2026), reflecting the legal state as of 22 September 2026. This guide explains who falls into which group, based on that text.
Who counts as a "foreign person"
The act defines a foreign person as an individual without Polish citizenship, a legal entity seated abroad, or an organisational unit with legal capacity seated abroad. It regulates doing business in Poland, offering services temporarily, and setting up branches and representative offices. It does not regulate employment.
Group 1: citizens of EU and EFTA/EEA states
Under Article 4(1), foreign persons from other EU member states and from EFTA states that are parties to the European Economic Area agreement can start and run a business in Poland on the same terms as Polish citizens. That includes a sole proprietorship registered in CEIDG.
Group 2: other nationals with a qualifying status
Under Article 4(2), citizens of other countries can also do business on the same terms as Poles if they meet one of these conditions:
- They hold a permanent residence permit.
- They hold an EU long-term resident permit.
- They hold a temporary residence permit granted on one of the grounds the act lists by article of the Act on Foreigners: Articles 127, 137a, 144, 151(1), 159(1) or 186(1) points 3, 4 and 7. Check which basis your own card was issued on.
- They have refugee status, subsidiary protection, a humanitarian stay permit or tolerated stay permit.
- They hold a temporary residence permit and are married to a Polish citizen living in Poland.
- They hold a temporary residence permit for business activity, granted to continue a business already registered in CEIDG.
- They enjoy temporary protection in Poland.
- They hold a valid Karta Polaka (Pole's Card).
- They are family members, as defined in the 2006 law on entry and stay of EU citizens, joining or staying with an EU citizen or another person in the first group.
- They stay in Poland on a legal basis the act names (Articles 108(1)(2), 206(1)(2) or 222a(1)(2) of the Act on Foreigners) and were directly before applying entitled under the permit and marriage grounds above.
- They take part in a support programme for foreigners starting a business, run or co-run by a public body. The Chancellery of the Prime Minister publishes the list of such programmes in its Public Information Bulletin.
* Photos: Moniuszki Tower, Warsaw (public domain) and Montrofenestro en Poznano (CC0), both Wikimedia Commons, illustrative.
Group 3: everyone else
Under Article 4(3), a foreign person who fits neither group can run a business only through certain company forms: a limited partnership (spółka komandytowa), a limited joint-stock partnership, a limited liability company (sp. z o.o.), a simple joint-stock company or a joint-stock company. They can also join these companies and take or buy their shares, unless an international agreement says otherwise.
For limited liability companies, simple joint-stock companies and joint-stock companies, Article 4(3a) says this right does not cover making repeated non-monetary contributions of the kind named in the Commercial Companies Code, or providing work or services in return for shares in a simple joint-stock company. The consolidated text also notes that a transitional rule keeps shares taken or bought before the change took effect outside that restriction.
Family members
Article 4(4) and 4(5) give some family members of a foreign person in Group 3 with a temporary residence permit the right to do business on the same terms as that person. A family member with a temporary residence permit granted for family reunification can run a business to the same extent as foreigners who hold a temporary permit and are registered in CEIDG on a reciprocity basis. The wording is technical, so ask the office or a lawyer how it applies to your permit.
Identity number for CEIDG
Article 4(9) says a foreign person applying for CEIDG registration must have a PESEL number, or, if none was assigned, the unique identifier issued by an EU member state for cross-border identification.
Branches
Entrepreneurs from other member states can open branches in Poland. Entrepreneurs from other countries can do so on a reciprocity basis, unless a ratified treaty says otherwise. A branch can only do the business that the entrepreneur carries out abroad.
What to do
Find the legal basis printed or recorded for your residence permit, then compare it with the list above. If your permit is not on the list, a company form may be the safer route. This guide describes a legal text and is not legal advice for your situation.
Frequently asked questions
Can a foreigner open a sole proprietorship in Poland?
Yes, if they belong to the group that may do business on the same terms as Poles: EU and EFTA/EEA citizens, permanent or EU long-term residents, and holders of the other listed statuses. Others can act through certain company forms.
Do I need a PESEL to register in CEIDG?
According to Article 4(9) of the act, yes: a PESEL, or an EU cross-border identifier if no PESEL was assigned.
Does the Karta Polaka allow me to run a business?
According to Article 4(2) point 3, a valid Karta Polaka lets a non-EU citizen do business on the same terms as Polish citizens.
