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Polish immigration law - permanent residence euro cit


Jackpoland99
31 Jan 2018 #1
Can someone recommend the services of an immigration lawyer who ACTUALLY knows what she or he is talking about?

I've spoken to and paid for advice from 2 immigration advisors and received totally contradictive advice - and as I am talking I wonder whether the advice they were giving is based 100 per cent on law or just hunch.

Im British ... i don't work in Poland have no polish income and have been renting a flat here for the last 2 years..

I make sure that I have some proof that I've actually been living here for at least 6 months a year by opening a pko bank account and using the card to buy something in the town I stay in everyday I'm here.

The bank statements show card usage In local shops every day I've been here.

But one of the two lawyers I've spoken with said that it is not enough to simply live in Poland for 183 plus days a year you must for the 3 years prior to permanent residence application have proof of Polish income from a polish source and pay polish tax accordingly

I was always under the impression that according to eu law there is absolutely no requirement to be working for 5 years to get perm residence - but for all the time you are not working you need health insurance.

In other words you can just sit watching TV everyday in your polish flat and do no work in Poland - but as long as you can prove that u were in polanf each one of those day's ( like bank statements) u can pick up perm residency after the 5 years is up... no requirement to work in Poland no requirement to pay taxes in Poland.

I've been here for 2 years , 2 years ago I registered as an eu cit living in Poland and got that white piece of card.

For the last two years I have been drawing money from my UK Ltd company - with no tax due to the UK taxman or polish taxman since the income has been in the form of a directors repayment of a loan.

From this year onwards any income I draw from that company will be income and I will declare it to the polish taxman .

But for the previous 2 years .. i haven't worked in Poland paid no Inc tax in Poland but have done at least 6 months for each of those two years

And by the way since I am also a UK tax resident I continue to pay tax in the UK as well as renting a flat there - and for half the year spend time in London. .. so

With this in mind I can legally Continue to use my ehic UK card in Poland -

One of the lawyers I spoke to said proof of having a valid ehic card for the time I've been in Poland would count as i health nsurance for all the while I haven't been actually working here.

Question

Is five ( provable years - by bank statement ) ( five lots of 6 and a half months ) and five years of having ehic cover sufficient to gain perm residency ??

Any lawyers who specialise in immigration feel welcome to drop me your email address. Jackpoland99@outlook.
cms 9 | 1,272
1 Feb 2018 #2
Are your lawyers clear on what are you looking to achieve ? You want a right to stay after Brexit or is this a tax question ? Question title includes Euro CIT but then does not mention them again

What did you pay U.K. tax on ?

You could not avoid Polish tax just by sitting watching tv - if it's more than 183 days you must file a tax return in Poland
OP Jackpoland99
1 Feb 2018 #3
I have a Ltd company for quite a few years.

I lent my company 30 odd thousand a few years ago.

My accountant did my UK tax returns a few months ago and although I have been taking money out of the company account , over the last year or 2 , this amount has not exceeded 30k .

When I found out recently that UK income is also subject to Polish income tax if u r in Poland more than 183 days I spoke with a Polish accountant.

She said the same as my UK accountant - that money that is already yours ...as is in someone paying you back money u lent them is not classed as income hence no tax due

Effectively the income the 30k I received from my UK company - is money that is already my own .a repayment of a directors loan.. since i lent it by way of buying things for the company quite a few years ago... accordingly the 30k i have withdrawn is not even declared quite legally to the UK taxman

So I've no worries in not declaring that income to the Polish authoritis.

Going forward this year is a different story - the income I receive from company will be actual income and be declared to the UK authorities and so accordingly I'll do the same to the Polish authority's

My problem is the requirement to actually work for 3 years in poland before applying for perm residence and pay Polish income tax on that Polish income source accordingly - I mean.... where on earth is it written into Polish or eu law that you actually have 2 work at least 3 years b4 applying for p.res ?

Its really as if the local pen pushers make it up as they go along.
prabin8889
6 Apr 2018 #4
after legally working in poland continuously 5 years am i eligible to apply for permanent resident ?? and what are the requirement that i should meet to get pr in poland please reply and also please tell me how to renew my trc ??


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