How to obtain a permit?
A temporary residence permit is one of the most frequently chosen forms of legalising a foreigner’s stay in the territory of the Republic of Poland. It allows a legal stay in Poland for a period longer than 3 months, provided that the foreigner’s purpose of stay meets the conditions set out in the provisions of law. In practice, this permit is very often linked to employment in Poland, but this is not the only possible purpose of stay.
Below we explain who may obtain a temporary residence permit, when the application must be submitted, which documents are required, and what the proceedings before the voivodeship office look like.
What is a temporary residence permit – the foreigner’s residence card
A temporary residence permit is an administrative decision issued to a foreigner, which entitles them to stay in the territory of the Republic of Poland for a specified period, not longer than 3 years. The permit is issued for a specific purpose of stay, e.g. for employment, running a business, education, family reunification, or other circumstances provided for by the Act.
The basis for a foreigner’s stay is always the temporary residence permit, and after it is granted, a residence card is issued, which confirms the legality of stay in Poland.
Who can apply for a temporary residence permit
A foreigner staying legally in Poland may apply for a temporary residence permit if they meet the conditions set out in the regulations and the purpose of their stay in Poland justifies a stay longer than 3 months.
If the purpose of stay is employment (including employment in a profession requiring high qualifications), temporary stay due to undertaking studies in Poland, stay and work based on the intention to conduct one’s own business activity, or stay for the purpose of family reunification, the indicated purpose should be properly documented so that the Polish authorities have no doubts that the purpose of stay in Poland is genuine and compliant with the regulations.
Temporary residence for the purpose of employment – single permit for temporary residence and work
One of the most common reasons for submitting an application is temporary residence for the purpose of employment. In such a situation, the foreigner is to perform work in the territory of Poland for an entity entrusting the performance of work.
Depending on the circumstances:
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a work permit is required, or
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the foreigner benefits from an exemption from the obligation to hold a work permit.
The basis for legal stay is then holding the residence and work permit required by law, also called a single temporary residence permit. The application for a single permit is submitted to the Voivode competent for the foreigner’s place of residence in Poland and, at the same time, the place where the foreigner performs work.
The amount of the foreigner’s minimum remuneration for work may not be set at a level lower than the statutory minimum wage. This rule applies regardless of working time and the type of contract or other legal relationship on the basis of which the foreigner performs work, including in the case of part-time employment.
Change of employer and the temporary residence and work permit
A temporary residence and work permit authorises a foreigner to perform work in Poland only under the conditions indicated therein. On its basis, the foreigner may not take up work with another employer. An exception applies in situations where the foreigner is exempt from the obligation to hold a work permit, in particular when the foreigner holds a temporary residence and work permit as a graduate of a Polish upper-secondary school, full-time higher education studies, or full-time doctoral studies at a Polish university.
If a foreigner stays in Poland on the basis of a temporary residence permit due to work and their employment ends, the foreigner is obliged to notify the Voivode who issued the permit within 15 working days from the date of losing the job. If the foreigner intends to take up employment with another employer, they should submit a new application for temporary residence and work or an application to amend the temporary residence and work permit. An amendment may also include a change of employer.
The obligation to notify the Voivode is considered fulfilled if, within 15 working days of losing employment, the foreigner submits an application for temporary residence or for an amendment to the temporary residence and work permit. If the appropriate application is not submitted, proceedings to withdraw the permit may be initiated due to the cessation of the purpose of stay. This may also result in refusal to grant another temporary residence permit.
The entity entrusting work to the foreigner, indicated in the temporary residence and work permit, is obliged to notify in writing the Voivode who granted the permit of the termination of the foreigner’s employment, within 15 days from the date of that event. If the decision in the second instance was issued by the Head of the Office, the notification is addressed to the Voivode who examined the case in the first instance.
Temporary residence in connection with family reunification
This permit may be granted to a foreigner who comes to Poland or already stays in Poland in order to reunite with a family member. The condition is that the person with whom reunification takes place has the right to legally stay in Poland on the basis of one of the following titles:
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a permanent residence permit,
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EU long-term resident status,
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granted refugee status,
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a permit issued in connection with granted subsidiary protection,
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uninterrupted stay for at least 2 years on the basis of consecutive temporary residence permits, provided that immediately before submitting the application the stay had been granted for a period of at least 1 year,
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a temporary residence permit in connection with conducting scientific research,
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a temporary residence permit for the purpose of conducting scientific research, if the foreigner holds a residence document with the annotation “researcher”, issued by another EU Member State, and the agreement on the implementation of a research project provides for conducting research also in the territory of Poland,
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a temporary residence permit issued in connection with employment in a profession requiring high qualifications,
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for arrival for humanitarian reasons – i.e. humanitarian stay.
Employment in a profession requiring high qualifications – a residence permit for work in a special profession
Performing work in a profession requiring high qualifications means that the foreigner has appropriate professional qualifications and performs paid work for another entity or under its direction, regardless of the type of contract or other legal basis of employment.
High professional qualifications are recognised in particular as:
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qualifications confirmed by completion of higher education studies, or
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qualifications acquired through relevant professional experience.
Professional experience as confirmation of high qualifications
Professional experience may be considered equivalent to higher education if it meets specific conditions. Depending on the profession performed, the following is required:
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at least 3 years of professional experience at a level comparable to qualifications obtained by completing higher education studies, gained no earlier than within the 7 years preceding the submission of the application – in the case of professions included in the list published by the Minister of the Interior and Administration (in particular in the ICT sector), or
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at least 5 years of professional experience at a comparable level of qualifications – if the foreigner performs a profession not included in the list of the Minister of the Interior and Administration.
Application for a temporary residence permit
To obtain the permit, an application for a temporary residence permit must be submitted to the Voivode competent for the foreigner’s place of stay.
When to submit the application
The application and documents must be submitted no later than on the last day of the foreigner’s legal stay in Poland. Submitting the application after the deadline results in it not being examined. The effectiveness of submission is counted either from the personal appearance at the office or the date of posting the shipment containing the application at a postal operator.
Where to handle the matter – Voivodeship Office
Matters related to temporary residence are handled by:
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the voivodeship office,
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the foreigner affairs department.
The application must be submitted in person, because during the proceedings fingerprints are collected from the foreigner applying for a temporary residence permit in order to issue the residence card.
Documents required for the application must be submitted
Documents confirming the circumstances indicated in the application must be attached to the temporary residence application. Most often these are:
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the application for the permit,
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a valid travel document, and in particularly justified cases another identity document if it is not possible to obtain a travel document,
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photographs meeting formal requirements (taken straight on, with eyes open, natural facial expression and mouth closed; the image should include the upper part of the body, i.e. from the top of the head to the upper part of the shoulders),
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an employment contract or a civil-law contract – if temporary residence is due to work,
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documents confirming formal qualifications,
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documents confirming health insurance,
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confirmation that the insurer covers the costs of medical treatment in the territory of the Republic of Poland.
Documents drawn up in a foreign language must be submitted together with a translation into Polish.
A foreigner whose religion requires head covering should also attach a photograph with head covering, with the face visible. At the same time, the foreigner attaches a declaration of belonging to a religious community.
Course of administrative proceedings
After the application is submitted, the Voivode:
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verifies the completeness of documents – evidence in the case,
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may request the foreigner to supplement missing elements of the submitted application during the proceedings,
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may summon the foreigner to give testimony confirming the circumstances.
If the application has been submitted correctly and on time, the foreigner’s stay during the proceedings is considered legal until the date on which the decision on granting the temporary residence permit becomes final.
Decision on granting the permit
If all conditions are met, the Voivode issues a decision granting a temporary residence permit. The decision specifies:
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the period of stay,
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the purpose of stay,
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the basis for legal stay in Poland.
After the decision is issued, a residence card is issued, which entitles the foreigner to cross the border multiple times.
When the office will refuse to grant the permit
A refusal to grant a temporary residence permit will occur, among others, when:
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the foreigner does not meet the conditions of stay,
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the purpose of stay is not employment, despite it being declared,
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the foreigner stays in Poland on the basis of a tourist visa,
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the foreigner holds a permanent residence permit or EU long-term resident status,
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the foreigner did not appear in person at the office.
Appeal against the decision
In the case of a negative decision, the foreigner has the right to file an appeal within 14 days. The appeal is submitted through the Voivode to the Head of the Office for Foreigners.
Fees for temporary residence
Obtaining a temporary residence permit involves fees:
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a stamp duty for submitting the application,
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a fee for issuing the residence card.
The fee must be paid to the bank account of the voivodeship office handling the case.
Summary
A temporary residence permit is the basic form of legalising a foreigner’s stay in Poland. The condition for obtaining it is submitting a complete application, demonstrating the purpose of stay in Poland, and meeting all formal requirements. A properly conducted procedure allows the foreigner to stay and work legally in Poland and obtain a residence card.