Temporary Residence Permit

When can a foreigner obtain a temporary residence permit?

Foreigners who are planning to stay in Poland for a period longer than 3 months may apply for a temporary residence permit in Poland. A temporary residence permit is granted for a maximum period of 3 years. However, the validity period of the permit may be shorter if a shorter stay is justified, pursuant to the grounds for application.

NOTE: A temporary residence permit is not automatically prolonged. If the foreigner wishes to prolong his stay in Poland, he must apply for a new permit.

Note: The foreigner should leave Poland prior to the expiry of the temporary residence permit, unless he has obtained another valid document entitling him to stay in Poland legally (e.g. a subsequent temporary residence permit, permanent residence permit, or a EU resident permit).

The procedure of legalisation of temporary residence takes place at the competent Office for Foreigners of the Voivodeship Office in the voivodeship where the foreigner resides.

Addresses of the offices are available here

In order to obtain a temporary residence permit, the foreigner has to present documented grounds for their stay in Poland. Such grounds may include:

1. Starting or continuing work in Poland;
2. Performance of work in an occupation requiring high skills (what does it mean to perform work in an occupation requiring high skills?);
3. Performance of work by a foreigner delegated to Poland by a foreign employer;
4. Conducting business activity in Poland;
5. Starting or continuation of studies in Poland;
6. Completion of a preparatory course prior to starting education in undergraduate, postgraduate or doctoral studies in Polish;
7. Conducting academic research in Poland;
8. Visiting family members by a Polish citizen or family member of a foreigner;
9. Status of victim of human trafficking who resides in Poland, starts co-operation with organs conducting an investigation as part of efforts to combat human trafficking and who has ceased all contacts with persons suspected of human trafficking;
10. Intention of a family member to reunite with a citizen of EU an Member State, EFTA Member State or the Swiss Confederation, residing in Poland;
11. Status of a child (minor) of a foreigner who resides in Poland pursuant to a national visa or temporary residence permit, if the child was born during the validity period of the national visa or temporary residence permit;
12. Status of a child (minor) of a foreigner who is married to a Polish citizen and possesses a temporary residence permit issued for a family member of a Polish citizen;
13. Other important, documented  circumstances.

Fingerprints are collected from foreigners who apply for a temporary residence permit, in order to include them in the residence card.

Foreigners who cannot apply for a temporary residence permit

The initiation of proceedings for granting a temporary residence permit to a foreigner is denied in the following cases:

1. The foreigner was granted a permanent residence permit or a long-term EU resident permit,
2. The foreigner resides in Poland pursuant to a Schengen visa entitling him to enter Poland only for humanitarian purposes, due to interest of the state or international commitments,
3. The foreigner resides in Poland pursuant to a temporary residence permit that was issued due to circumstances requiring a short-term stay,
4. The foreigner was granted a tolerated residence permit, residence permit due to humanitarian reasons, asylum, subsidiary or temporary protection or was granted refugee status in Poland,
5. The foreigner is applying for refugee status or seeks asylum,
6. The foreigner is detained, placed in a guarded facility or detainment facility for foreigners or if an order prohibiting him to leave the country has been issued,
7. The foreigner is imprisoned or temporarily arrested,
8. The foreigner was obliged to return and the period of voluntary return specified in the decision obliging the foreigner to return has not expired yet; this also applies in the case of prolongation of such period,
9. The foreigner is obliged to leave Poland within 30 days of the date when the decision of refusal to prolong a visa, grant a residence permit, to grant refugee status or to grant subsidiary protection or the decision to withdraw residence permit for humanitarian reasons became binding,
10. The foreigner resides outside Poland (this does not apply to applications for a residence card for family reunification purposes)
11. The fingerprints of the foreigner were not collected for the purposes of issuing a residence card when filing the application for granting a temporary residence permit.

When can a temporary residence permit be withdrawn?

A temporary residence permit may be withdrawn, i.e. cancelled, if:

1. the purpose of residence that constituted the basis for issuing the temporary residence permit to the foreigner has ceased to exist,
2. the foreigner ceases to fulfil the requirements for granting a temporary residence permit,
3. the foreigner's personal data have been entered into the register of foreigners whose stay on the Polish territory is undesirable,
4. for reasons of state security or defence or protection of public safety and order,
5. in the course of the proceedings for granting a temporary residence permit:
   a). the foreigner filed an application containing false personal data or false information or attached documents containing such data or information to the application, or
   b). the foreigner provided an untrue statement, concealed the truth, forged or altered a document in order to present it as true,
6. the foreigner is in tax arrears, with the exception of cases when they have obtained a lawful exemption, deferral or division of overdue tax payments into instalments or if the decision of the organ responsible for tax collection was suspended in its entirety,
7. a decision obliging the foreigner to return was issued and the foreigner did not reimburse the costs associated with the issuing and execution of such decision, and such costs were covered from the state budget (what is a decision obliging a foreigner to return?),
8. the foreigner is subject to compulsory medical treatment and he does not consent to such treatment (individuals suffering from tuberculosis, syphilis and gonorrhoea are subject to compulsory treatment).

The above provisions contain a general list of grounds for withdrawal of a temporary residence permit that apply to all temporary residence permits. Additional grounds for withdrawing a temporary residence permit are also foreseen in respect of specific residence permits (e.g. temporary residence and work permit, temporary residence permit for the purpose of undertaking studies, etc.). Information concerning additional grounds for the withdrawal of a temporary residence permit is available below, in the section on types of residence permits.

Procedure of application for a temporary residence permit

A temporary residence permit is issued by the Office for Foreigners of the competent Voivodeship Office for the place of residence of the foreigner.

Addresses of the Voivodeship Offices are available here

Fingerprints are collected from foreigners who apply for a temporary residence permit in order to include them in the residence card 

If a foreigner files an application for a temporary residence permit during their legal stay in Poland and if the application is completed in full, the Voivode places a stamp in the travel document of the foreigner confirming that an application for granting a temporary residence permit has been filed. This stamp legalises the stay of the foreigner in Poland (even in the event of expiry of the visa or of the previous residence card) until the date of issuing a decision on the residence card, and in the case of an appeal against a negative decision until the moment when the decision made upon appeal i.e. by the Head of the Office for Foreigners) becomes binding.

Note: The aforementioned stamp does not entitle the foreigner to travel to other Schengen countries or EU Member States. Pursuant to the stamp in the passport the foreigner may leave for their country of origin, although they may not return to Poland with the stamp – in order to re-enter Poland, the foreigner should obtain a visa.

Foreigners applying for a temporary residence permit should file the application for a temporary residence permit in person. If the foreigner does not file the application in person (e.g. if it is filed by an attorney) he will be summoned by the Voivode to appear at the office in person within 7 days (in order for the competent authorities to collect the foreigner's fingerprints). If the foreigner fails to appear at the office, their application shall remain unconsidered, i.e. the procedure for granting a residence card will be discontinued.

Essential documents required for filing an application for a temporary residence permit:

1. 2 completed copies of the temporary residence permit application (form available here);
2. 3 copies of a valid travel document and the original available for inspection on request – what to do when the foreigner does not possess a valid travel document? 
3. 4 current, colour photographs - guidelines for the photographs are available here
4. written consent of the individuals who exercise parental authority over a minor foreigner applying for a permit.
5. Information from the governor with jurisdiction over the registered office or place of residence of the employer about the lack of opportunities to meet staffing needs of the company hiring the alien on the basis of the records of the unemployed and persons looking for work, or a negative result of recruitment organised for the employer, issued not earlier than 180 days before the application, if it is required
6. Documents confirming possession of a stable and regular source of income sufficient to cover the costs of living for the alien and the supported members of the alien's family (e.g. employment contract, order contract, contract for specific work) - use a calculator
7. Documents confirming having health insurance or coverage by the insurer of the cost of treatment in Poland
8. Documents confirming having a place to live in Poland, for example, lease agreement, lending contract, confirmation of registered address, certificate (booking) from the hotel
9. Tax return, e.g. a personal income tax return, submitted to the tax office
10. Certificate of having no tax arrears

Submitting the most complete and exhaustive set of documents possible accelerates consideration of the case. Below you can find information concerning the procedures for an application for specific types of temporary residence permits and a list of documents required when applying for the given permit. However, one should bear in mind that the Voivodeship Office may always summon the foreigner to appear in person and present additional documents to confirm the declared purpose of his stay in Poland.

Conditions I have to meet

• The application for a permanent residence permit is submitted in person, no later than on the last day of your legal residence in Poland
• You can pick up your residence card in person only
• Your fingerprints will be taken in order to issue your residence card
• Documents should be submitted in Polish in the original or a photocopy along with the original for inspection
• For documents in a foreign language, you should attach a translation into Polish by a sworn translator

What is worth knowing?

The application is rejected, e.g. the case will not be processed, if:

• When applying, you refuse to give your fingerprints in order to issue a residence card,
• You are staying in Poland on the basis of the following residence statuses:
• Permanent residence permit or long-term EU residence permit
• Schengen visa authorising only the entry into that territory issued for a visit for humanitarian reasons, due to state interest or international obligations
• Temporary residence permit related to circumstances requiring a short-term visit
• Consent for tolerated residence, consent for humanitarian visit, asylum, subsidiary protection and temporary protection or decision on granting refugee status in Poland,
• When applying for refugee status or asylum,
• If you are detained, placed in a guarded facility or in the arrest for aliens, or preventive measures have been used against you in the form of prohibition to leave the country,
• You are imprisoned or temporarily arrested,
• You have been obligated to return and the period for voluntary return specified in the decision obligating an alien to return has not yet expired, also in the case of an extension of that period,
• You are obligated to leave the territory of Poland within 30 days from the date on which the decision to refuse the extension of the Schengen visa, national visa, temporary residence permits, permanent residence permit or long-term EU residence permit, or to refuse, discontinue or strip of refugee status or subsidiary protection, to withdraw the consent for tolerated stay - has become final, and in the case of a decision by a higher body, from the date on which the final decision was delivered,
• You are outside the territory of Poland.

Duration of the procedure

The decision for granting a temporary residence permit should be issued within 1 month, and in particularly complex cases not later than 2 months from the date of submission of documents.

The appeal procedure also lasts for 1 month, starting from the date of receipt of the appeal at the Office for Foreigners. These periods do not include the duration of suspension of the proceedings and periods of delay for which the foreigner is at fault or to reasons beyond the control of the Office for Foreigners.

However, the procedure may be prolonged. This results from the fact that the Voivode is obliged to check whether the entry and stay of the foreigner in Poland does not constitute a threat to national defence, public safety and order. Institutions which the Voivode contacts in this case have 30 days to provide information. Moreover, as each case is considered on an individual basis, the procedure may be prolonged until all important circumstances of the case are clarified.

Appeal procedure

A foreigner who is dissatisfied with the decision of the Voivode may appeal to the Head of the Office for Foreigners (UdsC) in Warsaw, via the Voivode who issued the decision. A written appeal should be filed within 14 days of the date of receipt of the decision. The foreigner may file an appeal against the decision of the Head of the Office for Foreigners in an administrative court within 30 days of the date of receipt of the decision.

Important: filing an appeal in an administrative court does not legalise the stay. This means that unless the foreigner has another valid document authorising them to stay in Poland, they should leave Poland.

Fees

The stamp duty for consideration of granting a temporary residence permit is PLN 340. This fee is reimbursed in the case of a negative decision, at request of the applicant.

The stamp duty for consideration of granting a temporary residence and work permit is PLN 440.

If a positive decision is issued, an additional fee of PLN 50 must be paid for issuing a residence card.

These amounts can be paid at the cash desk of the Voivodeship Office where the case is being considered, or by bank transfer to the account of the Municipal Office. The bank account number can be received at the relevant Voivodeship Office.

Legal grounds

The Foreigner's Act of 12 December 2013 (OJ L 2013, No. 0, item 1650)

I lost my residence card, what to do?

Since your card is a very important document, you should report it and reapply as soon as possible, but no later than within 14 days of the incident. In this case, when the office deems you responsible for destroying or losing your card, the fee for getting a new one will be increased to PLN 100. If the situation repeats itself, the fee is increased even further, to PLN 150. It is better to take good care of your residence card, as it not only saves you money, but allows you to avoid extra formalities.

What documents do I need to submit?

In order to apply for the  replacement of the card, you should submit:

• 1 copy of a completed application (download the form )
• one 35 x 45 mm up-to-date colour photograph of the person the person looking straight ahead, permanently attached to the application by sticking it in the relevant place (the photograph should show the person without a headdress or glasses with dark lenses, with eyes open and not covered with hair, with a natural face expression and closed mouth and with face being evenly illuminated; a person with a sight defect wearing glasses with dark lenses may attach photographs of her/him wearing glasses with dark lenses; a person wearing a headdress due to the requirements of her/his religion may attach the photographs of her/him wearing a headdress, but the headdress may not prevent the identification of the person)
• a valid travel document / passport (in justifiable cases, if you do not have and cannot obtain a travel document, you may present another document confirming your identity instead of a valid travel document)
• valid confirmation of registered residence / meldunek
• decision of your temporary residence permit
• documents that are necessary to confirm the data and circumstances provided in the application, e.g. in the event of:
• the loss of the document – a police certificate of notification of loss

When submitting the photocopies of the required documents, you should present the originals.