Temporary residence- general information

WHEN CAN A FOREIGNER OBTAIN A TEMPORARY RESIDENCE PERMIT?

A foreigner planning to stay in Poland for more than 3 months may apply for a temporary residence permit. A temporary residence permit is issued for the maximum of 3 years. The period of validity of the permit may be shorter, however, if the basis for applying for this permit indicates that a shorter stay is justified.

Note! A temporary residence permit shall not be extended (the act does not provide for a procedure of the extension of a temporary residence permit). If a foreigner wants to stay in Poland, they must apply for a new permit.

Note! A foreigner should leave Poland before the expiry of the temporary residence permit, unless they have obtained another, valid document allowing them to legally stay in Poland (e.g., another temporary residence permit, permanent residence permit or long-term EU resident's residence permit).

 

PLACE OF THE SUBMISSION OF THE APPLICATION

The procedure of legalizing temporary stay takes place in a voivodeship office - in the department competent for foreigners. An application for a temporary residence permit should be submitted to the voivodeship office competent for the foreigner's place of stay, e.g., if the foreigner stays in Warsaw, the application should be submitted to the Mazowieckie Voivodship Office.

Fingerprints are collected from a foreigner applying for a temporary residence permit for the purpose of including them in the residence card. 

 

APPLICATION SETTLING DEADLINE

In the case of proceedings on granting a temporary residence permit, the deadline for the voivode to settle the case is 60 days and is counted from the moment when the last of the following events occurs:

- submitting the application in person or the foreigner's personal appearance at the voivodeship office after the foreigner has been summoned to appear in person;

- submitting an application that is not burdened with formal defects or supplementing them;

- submitting by the foreigner of the documents necessary to confirm the data contained in the application and the circumstances justifying the application for a temporary residence permit or the ineffective expiry of the deadline for submitting them, as set by the voivode.

BASIC DOCUMENTS

The basic set of documents necessary to apply for a temporary residence permit:

- application for a temporary residence permit completed in accordance with the instructions (depending on the voivodeship, one or two copies may be required); ;

- 4 recent colour photos (in accordance with the requirements);

- a valid travel document (2 photocopies of all pages with annotations, original available for inspection);

- a confirmation of payment of stamp duty;

- basic documents required for a given type of temporary residence permit (e.g., Appendix 1 in the case of a temporary residence and work permit).

 

Note! Depending on the purpose of the foreigner's stay in Poland, additional documents must be submitted (the set of additional documents is given in the tabs on temporary residence permits).

 

FEE

The stamp duty for examining the case of granting a temporary residence permit is PLN 340 or PLN 440 depending on the basis on which the application was submitted. The fee is returned in the event of a negative decision at the request of the person.

In the event of a positive decision, an additional PLN 100 for the issuance of a residence card must be paid.

The costs can be paid at the cash desk of the voivodeship office in which the procedure is pending or transferred to the city office's account. Information about the account number can be obtained, for example, on the website of the relevant voivodeship office.

 

APPEAL PROCEDURE

A temporary residence permit is issued in the form of an administrative decision (paper printout). After receiving the decision, check that it does not contain correct data, including the name and surname of the foreigner. In the event of errors, e.g., typing errors in the name and surname, incorrect date of birth, etc., an obvious typing error should be corrected.

A foreigner dissatisfied with the voivode's decision may appeal to the Head of the Office for Foreigners (UdsC) in Warsaw, through the voivode who issued the decision. Written appeals must be submitted within 14 days of receiving the decision.

A foreigner may appeal against the decision of the Head of the Office for Foreigners to the administrative court within 30 days from the date of receipt of the decision.

Note! Submitting a complaint to the administrative court does not legalize the stay. This means that a foreigner, if they do not have another valid document permitting them to stay in Poland, should (after receiving a negative decision from the second instance authority, i.e., the Head of the Office for Foreigners, 

 

RESIDENCE CARD

The residence card is a document which, during its validity, confirms the identity of the foreigner during their stay in Poland. This document (together with a valid travel document, e.g., a foreign passport) entitles to multiple crossings of the Polish border without the need to have a visa, as well as to enter and stay in other countries of the Schengen area for a period not exceeding 90 days within a period of 180 days.

The following information is included in the residence card:

1. Name (names) and surname of the holder and parents' names;
2. Date, place and country of his birth;
3. Registration address for permanent or temporary residence;
4. Citizenship information;
5. Gender information;
6. Information on height in centimetres and eye colour;
7. PESEL number, if assigned;
8. Information on the type of permit granted;
9. annotation "scientist", if the temporary residence permit was issued for the purpose of conducting scientific research;
10. annotation "researcher - mobility", if the temporary residence permit was issued for the purpose of long-term mobility of the researcher;
11. annotation "student", if the temporary residence permit was issued for the purpose of studying;
12. annotation "intern", if the temporary residence permit was issued for the purpose of internship at an organizer approved by the minister responsible for internal affairs;
13. annotation "volunteer" if the temporary residence permit was issued for the purpose of participating in the EVS program;
14. annotation "EU Blue Card", if the temporary residence permit was issued for the purpose of performing work in a profession requiring high qualifications;
15. annotation "access to the labour market" in the case of a permit granted to a foreigner who is authorized to work in Poland or is exempt from the obligation to have a work permit; 
16. annotation "ICT" in the case of a permit granted to a foreigner for the purpose of performing work under an intra-corporate transfer;
17. annotation "mobile ICT" if the temporary residence permit was issued for the long-term mobility of a managerial employee, specialist or trainee under an intra-corporate transfer;
18. annotation "former holder of the EU Blue Card" - in the case of a long-term EU resident's residence permit granted to a foreigner who was granted a temporary residence permit in order to work in a profession requiring high qualifications;
19. annotation "seasonal work" if the temporary residence permit was issued for seasonal work;
20. Fingerprints;
21. Name of the issuing authority;
22. Card issue date;
23. Card expiry date;
24. Foreigner’s photo;
25. Annotation "international protection granted by ... (indication of the EU Member State that granted it) on ... (date of granting international protection)" - if the foreigner obtained a long-term EU resident's residence permit in Poland and at the same time was granted international protection in Poland or in another EU country.

 

HOW TO GET A RESIDENCE CARD?

A residence card is a document issued to a foreigner who has been granted:

1. Temporary residence permit;
2. Permanent residence permit;
3. Residence permit for a long-term EU resident
4. Refugee status;
5. Subsidiary protection;
6. Residence permit for humanitarian reasons.

 

Note! Therefore, to obtain a residence card in Poland, you must first obtain a residence permit in Poland.

 

REPLACEMENT OR LOSS OF A RESIDENCE CARD

A residence card should be replaced if:

1. The data included in the card has changed;
2. The appearance of the cardholder has changed, which makes it difficult to identify them;
3. The card has been damaged;
4. The card has been lost (e.g., it has been stolen);
5. Poland took over responsibility for international protection of a holder of a residence card issued in connection with granting the long-term EU resident's residence permit with the annotation "international protection granted by ... (indication of the EU Member State that granted it);
6. another EU Member State took over responsibility for international protection of the holder of a residence card issued in connection with granting a long-term EU resident's residence permit.

 

The application for replacement of the residence card should be submitted within 14 days after the occurrence of the reason for its replacement.

The application for issuing another residence card (in the case of a residence permit for humanitarian reasons, a permanent residence permit or a long-term EU resident's residence permit) should be submitted at least 30 days before the expiry of the residence card.

A foreigner who has lost their residence card should report this fact on a relevant form within 3 days from the date of its loss (e.g., theft) to the voivodeship office that issued it. The form is available here->. A foreigner who has notified about the loss or damage of their residence card is granted a free certificate confirming the fact. The certificate may be useful when the legality of the foreigner is checked in Poland. Therefore, you should have the original or a copy of the certificate with you in case of such inspection.  A foreigner who has recovered a lost residence card is required to notify the voivode of this fact within 3 days from the date of its recovery.  If the foreigner has received another document issued in place of the lost one, they must immediately return the recovered document to the voivodeship office.

Note! Failure to comply with the above obligations may result in a fine.

Note! A residence card should be collected in person at the voivodeship office. In the case of a child under the age of 13, the collection is made by the child's parent or another legal guardian (e.g., a court guardian).

A new residence card should be issued within 1 month from the date of submitting the application for card replacement. If the voivodeship office does not deal with the matter on time, it shall notify the foreigner about it, explaining the reasons for the delay and indicating a new date for settling the matter.

 

FEE

Stamp duties related to the issuance and replacement of cards are as follows:

- for issuing or replacing a residence card - PLN 100 (PLN 50 for a reduced fee);

- for replacing a residence card in the case of loss or damage of the card by a foreigner - PLN 200;

- in the case of another loss or damage of a residence card by a foreigner, each time - PLN 300;

 

The fee for issuing or replacing a residence card is not charged in the case of:

1. Issuing the first residence card to a foreigner who obtained in Poland:
- refugee status- subsidiary protection,
- permission to stay for humanitarian reasons;

2. Issuing the first residence card to a foreigner who has been granted a permanent residence permit in Poland as a member of a repatriate's immediate family;

3. When the issued or replaced document contained technical defects;

4. Replacement of a residence card due to the assumption by Poland of responsibility for international protection of a holder of a residence card issued in connection with granting the long-term EU resident's residence permit with the annotation "international protection granted by ... (indication of the EU Member State that granted it);

5. Exchange of a residence card due another EU Member State took over responsibility for international protection of the holder of a residence card issued in connection with granting a long-term EU resident's residence permit.

 

LEGAL BASIS

Act on foreigners of December 12, 2013 (unified text Journal of Laws of 2020, item 35).

Ordinance of the Minister of Internal Affairs on fees charged in the Republic of Poland from foreigners for the issuance and replacement of documents that may be issued to foreigners, and the procedure for payment dated 25 April 2014 (Journal of Laws of 2014, item 563).