Some foreigners may set up and run a business on the same terms as Polish citizens. This means that they may undertake and conduct any form of business activity permitted by Polish law. These foreigners include migrants who have in Poland:
- permanent residence permit
- long-term resident's EU residence permit
- have a valid Pole's Card
- temporary residence permit granted to a family member of a foreigner for the purpose of family reunification
- temporary residence permit granted on the basis of a long-term EU resident's residence permit, granted by an EU Member State other than Poland, if such a person justifies his residence in Poland
- temporary residence permit granted to a family member of a foreigner who has a long-term resident's EU residence, granted by a state other than Poland, and who justifies his residence in Poland, if such family member has stayed with the foreigner in another EU Member State and wants to stay with him Poland
- temporary residence permit granted for the purpose of undertaking or continuing full-time university studies or full-time doctoral studies in Poland
- a temporary residence permit and are married to a Polish citizen living in Poland (spouses of Polish citizens have the right to conduct business activity resulting from the fact of marriage, provided that their stay is based on a temporary residence permit)
- refugee status
- subsidiary protection
- permit for tolerated stay
- benefit from temporary protection in Poland
Other foreigners who are not listed above (for example, those who stay in Poland on the basis of a visa, or those who stay abroad, and registration of business activity does not require their physical presence in Poland), may undertake and conduct business activity only in form:
- limited partnership
- limited joint-stock partnership
- limited liability companiy
- joint-stock company
Note: A foreigner who only wants to set up one of the four companies listed above does not need to have the right to stay in Poland. This is due to the fact that if such a foreigner is the owner of the company, as a rule, his presence in Poland is not required (e.g. he can register the company via the Internet). However, if a foreigner plans to perform a specific job in a company he owns (e.g. manage a company), he must obtain a work permit for a specific position.