Poland. Business Harbour – the expanded edition

Written By

michal olszewski Module
Michal Olszewski

Counsel
Poland

I am a counsel in the Employment team in Warsaw, specialising in labour law.

From 1 December 2020, employers seeking to employ IT specialists from across the eastern border can do so much faster thanks to a regulation of the Minister of Development, Labour and Technology. Faced with the current political situation in Belarus, the Polish government has prepared and implemented a special programme designed for Belarusian IT sector employees.



Poland. Business Harbour

The programme “Poland. Business Harbour” (PBH) has turned out to be a huge success. According to data published by the Belarusian media and cited by the Chancellery of the Prime Minister, approx. 7% of the entire Belarussian IT sector has already moved to Poland, and almost half of Belarusian specialists admit that Poland is the country of choice for those seeking to relocate. By the end of 2020 (i.e. only three months after the programme was launched) 2,500 visas had been issued to Belarusian IT specialists, and by July 2021 the number had reached almost 14,000.

Because the PBH sparked such great interest throughout the IT industry, including among employers looking for qualified hi-tech specialists, the decision was taken to expand the programme.

From 13 July 2021, the expanded PBH programme includes additional countries such as Georgia, Russia, Ukraine, Moldova and Armenia.


The extended offer now covers a total of 6 countries (including Belarus), the same countries that fall under the "Statement on employment of a non-Polish citizen" procedure at Polish employment offices. The main advantage of the PBH programme is that the process is simpler than that of the statement procedure, making the period from the time an IT specialist is offered a job to the time they start working in Poland much shorter. Whereas the previous model requires two documents processed in two different countries (i.e. the statement + a visa), the PBH involves just one document – a visa with the annotation “Poland. Business Harbour”, which provides a qualified IT specialist with a legal entry and stay in Poland along with access to the Polish labour market.

Who can take part in the programme?

The PBH is not confined to IT sector specialists. It provides three different paths of participation for:

• individuals (IT specialists),
• companies (small, medium and large enterprises) – with the Polish Investment and Trade Agency as a partner,
• start-ups (young, innovative teams at an early stage of development, presenting an unusual business model and developing unusual technological solutions) – with the Startup Hub Poland Foundation as a partner.

All participants may apply for a special type of visa with the annotation “Poland. Business Harbour”. The programme exempts IT specialists from the requirement of having a work permit. Citizens of Georgia, Russia, Ukraine, Moldova and Armenia who wish to obtain a visa should:

1. receive a job offer from a Polish company participating in the programme, and satisfy at least one of the following additional conditions:
2. demonstrate a minimum one year's work experience in the IT industry
3. provide evidence of industry-related education.

Belarusian citizens need satisfy only one of those conditions (a job offer from a partner company is not an absolute requirement).

To participate in the programme, an applicant must contact a Polish consulate, submit an application to one of the relevant visa centres, or send the application by post. Visa applications submitted under the PBH programme are given priority. The accelerated visa procedure also covers the applicant's family members who wish to relocate to Poland. This is an extremely important solution, allowing professionals to have their centre of personal and professional interests transferred to Poland. It distinguishes the PBH project from previous immigration processes and may encourage IT specialists who have not previously considered emigrating to Poland for fear of being separated from their families.

A similar solution is planned for companies and start-ups. Their founders, together with their employees and families, may also receive support (travel costs, rental of accommodation, other expenses) in the process of relocating to Poland. Moreover, children of those who decide to relocate to Poland and who pursue their education in Polish schools are entitled to additional Polish language courses.

It is also possible to establish a business in Poland on terms and conditions similar to those that apply to Polish citizens. This is possible thanks to the provisions of the Shield 6.0 programme (the "COVID Act"), which amended Article 4 of the Act on Principles of Participation of Non-Polish Entrepreneurs and Other Non-Polish Citizens in Commercial Dealings in Poland. The amendment sets out programmes designed to support non-Polish citizens in their commencement and performance of business activity in Poland; the list adopted under the Act specifies the PBH. Clearly, the actions undertaken by the legislator are aimed at making it easier for non-Polish citizens from the above-mentioned six countries to run their businesses – in general, non-Polish citizens staying in Poland on a visa cannot register and run a business (this, however, does not apply to, inter alia, holders of a Polish Card (Karta Polaka)). This aspect may be important for the IT industry where IT specialists often operate as sole proprietors.

The Poland. Business Harbour programme also offers companies and start-ups a business concierge service which provides assistance in dealing with the Polish administrative authorities, and advice on transferring a company or setting up a branch office. This is an important element of support granted to non-Polish investors who wish to establish IT talent centres in Poland.

The programme also facilitates business contacts with Special Economic Zones; these have prepared offers for relocated workers and their families that include temporary offices and housing, assistance in connecting entrepreneurs with investors, grants for R&D activities, and legal assistance for priority legalization of a person’s stay in Poland (after their visa expires). In addition, once in Poland, start-ups will be able to apply for grants for projects that meet the needs of Polish partners in the Poland Prize programme, under the auspices of the Polish Agency for Enterprise Development.

The expansion of the Poland Business Harbour programme is an excellent opportunity to foster an innovative economy in Poland by enabling IT companies to engage highly qualified personnel and develop innovative businesses. It is also a chance for specialized staffing agencies operating across our eastern border.


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