Foreigners

There are three fundamental residence permit types in Poland – a temporary residence permit, a permanent residence permit and a long-term residence permit for a European Union resident.

Each of these permits has different requirements and conditions for granting them. During the legal consultation in our law firm, we will decide together which of the permits will be the most beneficial in your individual situation.

If you are coming to Poland for the first time and you are not entitled to other permits, the basic permit granted is a temporary residence permit.

The documentation necessary to apply and conduct the procedure differs depending on the type of permit you are applying for. You will definitely need the application itself – prepared by us after the start of cooperation, proof of payment of stamp duty, as well as documents confirming the data contained in the application and the circumstances of applying for the permit.

The evidence needed to conduct the proceedings is usually quite extensive, so you will receive detailed guidelines on the necessary documents from us when we start working with you.

You can apply for a temporary residence permit based on:

• performing work in the territory of the Republic of Poland, including work that requires high qualifications and results from secondment by the employer;
• running a business;
• take up or continue studies (both first-, second- and long-cycle studies);
• study at a doctoral school;
• conducting scientific research or development work;
• long-term mobility of researchers;
• undertake a traineeship;
• participation in the European Voluntary Service programme;
• stay with a citizen of the Republic of Poland;
• stay with a foreigner,
• as well as other circumstances that do not fall within the above catalogue.

The procedure begins when the application is submitted to the Office together with the necessary documentation. The application can be sent by post or submitted in person to the Office at a pre-arranged date. Then, the Authority examines the application and examines the evidence gathered. After considering the case, the Autority issues an appropriate decision, thus ending the proceedings. If your application is approved, you will receive a residence card, which is used to confirm your legal presence in Poland.

A temporary residence permit, depending on the specific case considered by the Authority, may be issued for a period of three months to three years. The decision on the time of granting the permit is based on the assessment and discretion of the Authority, within the above-mentioned time limits. It is therefore not possible to apply for authorisation for a specific period of time.

If a negative decision is issued in the proceedings of the first instance, it is possible to file an appeal, which we prepare based on your individual situation. If, on the other hand, the decision issued in the second instance proceedings is also negative and you do not agree with the arguments raised, it is possible to file a complaint with the Provincial Administrative Court, and then with the Supreme Administrative Court in the second instance. In this situation, however, you must remember that the Court is not able to grant you permission

You can travel to the Schengen countries with a valid residence card, but for a maximum of 90 days in any 180-day period. To be able to travel abroad, you must also meet a few specific conditions, such as having a valid travel document or justifying the purpose of your stay. Also remember that a residence card is not a substitute for a travel document, e.g. a passport.

No. The decision you receive is only a guarantee of the legality of your stay in Poland, even if you have not yet received your residence card. A paper decision is not a valid document entitling you to cross the border, the only valid travel document in this situation would be e.g. passport, visa or residence card.

No. You will receive a positive paper decision upon receipt of your residence card. Only then will you find out for how long the residence permit has been granted.

In exceptional situations we may send a request to the Office to expedite the issuance of the decision and the residence card. This applies in particular to situations in which, for example, the proceedings are significantly prolonged, the employer delegates you to a business trip to another country or for other reasons you are forced to temporarily travel outside Polish.

Yes. If you are applying for a residence permit for working in Poland, you must apply for a work permit at the same time. Possession of such a permit is a prerequisite for the examination of a residence case.

In addition to a residence permit, we will also help you obtain a work permit if you do not already have one.

Polish law provides for five types of work permits, each of which is issued for a specified period of time.

Type A permit – is issued to foreigners who will perform work on the basis of a contract for a Polish employer.

Type B permit – is issued to foreigners who want to run a business in Poland, are to become members of the management board of a company, its general partners or proxies.

Type C permit – is issued to foreigners delegated by a foreign employer to a branch or related entity located in the territory of the Republic of Poland.

Type D permit – is issued to foreigners delegated by a foreign employer who does not have a branch in Poland in order to provide a temporary and occasional service (export service).

Type E permit – is issued to foreigners delegated by a foreign employer for a purpose other than that indicated in type B, C and D permits.

The exact requirements for granting a residence permit for a long-term EU resident vary slightly depending on the specific situation, but as a rule, the conditions necessary to obtain such a permit are: uninterrupted and legal stay in the territory of the Republic of Poland for a period of 5 years preceding the submission of the application, a source of stable and regular income, health insurance coverage and confirmed knowledge of the Polish language.

The continuous stay requirement does not include certain trips abroad that do not exceed the statutory deadlines, so if you happen to go abroad for a short holiday, for example, this does not mean that the 5-year period has been interrupted. During the legal consultation, we will certainly determine together whether the requirement has been met.

A residence permit for a long-term EU resident is granted indefinitely.

No. A residence permit for a long-term EU resident is granted for an indefinite period. All you have to do is apply for a replacement card before your previous residence card expires.

In order to apply for a permanent residence permit, you must meet one of the conditions included in the broad catalogue provided by Polish law. If you do not meet any of the specific requirements, you can apply for such a permit after a period of 5 or 10 years of residence in Poland, depending on your situation. If, on the other hand, you fall under one of the categories of foreigners provided for by law, you do not have to meet the time requirement.

The permit is granted indefinitely, but the residence card is issued for a ten-year period. You must apply for a replacement card before the expiry date.

Of course. You can apply for citizenship or the recognition as a Polish citizen. The requirements for submitting both applications are slightly different, but if you are interested, we will help you apply.