In our previous article, we discussed the most important updates regarding the employment regulations for EU Blue Card holders in Poland. Now, we turn our attention to a new, notable change introduced by recent amendments to immigration law—the ability of EU Blue Card holders to engage in business activity.
A New Opportunity: Starting a Business on the EU Blue Card
As of June 1, EU Blue Card holders are allowed to start any type of business activity, including registering a sole proprietorship (jednoosobowa działalność gospodarcza). This is a significant development, as previously they were only permitted to establish more complex business structures such as limited liability companies (LLCs).
The sole proprietorship model is especially attractive due to its simplicity and lower administrative burden, making it a practical option for many professionals seeking to expand their income or explore entrepreneurship.
But There’s a Catch: Employment Is Still Essential
While this change seems promising, there’s a critical limitation: business activity cannot be the basis for obtaining or maintaining an EU Blue Card.
In simpler terms, running a business is allowed, but only as a supplementary activity. To apply for or keep the EU Blue Card, the holder must remain employed under a formal contract, such as:
- Umowa o pracę (employment contract)
- Umowa zlecenie (contract of mandate)
- Or similar legal agreements
Failure to maintain qualifying employment can result in the loss of EU Blue Card status.
Real-Life Examples
Example 1: Supplementing Income Legally
Sanjay, an IT specialist working under an umowa o pracę, holds an EU Blue Card. He wants to launch a sole proprietorship to provide IT support to neighbors in his spare time. Since his business is an additional activity and he retains his employment contract, this is fully legal and allowed.
Example 2: Risking Blue Card Status
Miho, a car engineer with an EU Blue Card, is asked by her employer to terminate her contract and instead cooperate through a sole proprietorship to reduce company costs (e.g., avoiding ZUS contributions). If she accepts, she would lose her primary employment status, and therefore become ineligible to hold the Blue Card. Miho cannot agree to this arrangement if she wants to keep her residence and work rights under the Blue Card.
Flexibility Beyond Your Profession
One of the lesser-known advantages of the new law is its flexibility regarding the type of business that can be opened. Blue Card holders are not restricted to fields related to their professional qualifications.
For example, a medical doctor holding an EU Blue Card can legally open a flower shop as a side business through a sole proprietorship. There is no legal requirement that the business aligns with the person’s academic background or occupation.
Conclusion: A Door to Entrepreneurship—With Caution
The updated regulations open new doors for EU Blue Card holders in Poland who wish to pursue entrepreneurial ventures. The ability to start a sole proprietorship adds valuable flexibility and economic opportunity. However, it’s essential to understand that this freedom comes with clear limitations.
To maintain Blue Card eligibility, your main employment relationship must continue. Business activity should remain a side venture, not a replacement for qualifying employment.
Before making any significant changes to your employment or business setup, we recommend consulting an immigration or legal expert to ensure compliance with the evolving legal framework.
