INSTRUCTIONS FOR FOREIGNERS
General issues
Any motions and applications in matters concerning legalization of the foreigners’ stay on the territories of the Republic of Poland shall be drawn up in Polish language. The motion to grant a visa by the consul may be drawn up in the foreign language as determined by the consul. Documents as made in the foreign language, which serve as evidence in the proceedings that are conducted according to the Act on Aliens of 13 June 2003 (Journal of Laws of 2006, No. 234, Item 1694 as amended) shall be submitted along with their translation into the Polish language, as made by the sworn translator.
The arrangement of the issue that requires the explanatory proceedings shall be made within one month at the latest, and the arrangement of the issue that is particularly complicated shall not exceed the period of two month from the day on which the proceedings have been instituted. As far as the appeal proceedings are concerned, the arrangement of the issue shall be made within one month following the day on which the appeal was received.
The arrangement of the issue that relates to granting the permit to settle oneself or to stay as a long-term resident of EC shall be finished not later than within three months from the institution of the proceedings, and in the event of the appeal proceedings, within two months from the receipt of the appeal.
The authorities of first or second instance shall be obligated to notify you of any case of the failure to arrange the issues within the periods that were mentioned above, and to specify the reasons of delay and determine the new term for the arrangement of the issue.
All the documents (notifications, summons, decisions, regulations etc.) shall be delivered or served against the receipt as made by the post office or by the officials of the authorities of first or second instance.
Documents are delivered or served to you at the address as indicated by you or to you representative, if you have appointed one. If you appoint several representatives, letters will be delivered to only one delegate. You shall designate such representative and notify the authorities that conduct the proceedings of this fact
Site representative may be a natural person having legal capacity.
Power of attorney should be given in writing or reported to the protocol. the original or officially certified copy of power of attorney should be submitted to the case files.
Documents may also be delivered or served at the address of your workplace to the individual who has been authorized by the employer to receive correspondence.
In the event of the addressee’s absence the document shall be delivered or served, against the receipt, to the adult household member, neighbour or housekeeper if those individuals agreed to hand over the document to the addressee. The addressee shall be notified of the delivery or service of the document to the neighbour or housekeeper by placing the notice in the letter box or, if this is not possible, on the flat door.
In the event of the impossibility to deliver or serve documents in the manner that has been specified above:
1) the post keeps the documents for the period of 14 days in its office –in case of the delivery or service as made by the post;
2) the documents shall be submitted for the period of 14 days to the office of the competent commune (town council) –in case of the delivery or service as made by the worker of the commune office (town council) or by the authorized individual or body.
Notice on leaving the document along with the information on the possibility of receiving the document within the period of 7 days following the day on which the notice was left shall be placed in the letter box or, if this is not possible, at the addressee’s door, his office or any other place in which the addressee performs his professional functions, or in the visible place at the addressee’s property entrance.
In the event of the failure to receive the delivery within the period as specified above, the second notice on the possibility of receiving the delivery within the period which is not longer than 14 days following the date of making the first notice shall be left.
The delivery or service shall be deemed to be effected after the last day of the above-mentioned period, and the document shall be placed in the files.
You are obligated to confirm the receipt of the document by signing it and by determining the date of delivery. If you evade making such confirmation of the delivery, the deliverer will specify the date of the delivery on his own and the individual who has received the documents along with giving the reasons for the lack of signature.
If you refuse to receive the documents as sent to you by the post office or as served in any other way to you, the documents will be returned to the sender along with the note on refusal to accept the delivery and the refusal date. In such event, it shall be deemed that the documents have been effectively delivered on the date of the addressee’s refusal to accept it.
The authorities before which the proceedings are pending shall be notified of any change of the place of residence. In the course of the proceedings, the documents are always sent at the address for correspondence which recently has been specified to the authorities in question.
In the event of going abroad, you are obliged to appoint the representative residing in the country to conduct the affairs and to notify the authorities that conduct the proceedings of that plenipotentiary. In case of no indication of an appointee for service, the document shall be left in case files and deemed to be delivered effectively
Dereliction of duty to notify of the change of the place of residence may result in serious consequences to you, for example:
• leaving the motion without the examination;
• decision of the competent authorities may become unenforceable if, in case of the lack of notice on the change of address, you do not observe the terms for submitting the appeal against the decision of the authorities of first instance or for lodging the complaint to the Administrative Court against the decision of the authorities of second instance.
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FEES
Stamp duty shall be collected by the authorities that conduct the proceedings for the issuance of the stay permit.
The obligation to pay the stamp duty arises at the moment of submitting the motion to grant any of the stay permits at the territories of the Republic of Poland. The stamp duty shall be paid on the account as indicated by the authorities that conduct the proceedings.
If you have been refused to be granted the resident permit, you may lodge the motion to recover the stamp duty that had been paid by you. The stamp duty shall not be subject to return after the passage of 5 years following the end of the year in which the stamp duty was paid.
The renewal of the uniform visa requires the payment of the stamp duty amounting to EUR 30 (conversion of euros into Polish zlotys shall be made in accordance with the average rate of exchange as accepted by the European Central Bank on the last working day that precedes the day of filing the motion to renew a visa), and the renewal of the national visa pertains to the payment amounting to PLN 406.
The issuance of the permit for residence for a definite period of time requires the payment of the stamp duty amounting to PLN 340. The issuance of the permit to settle oneself and the stay permit of the long-term resident of EC is connected with the payment of the stamp duty that is equivalent to PLN 640.
The stamp duty amounting to PLN 17 shall be collected for the document that confirms granting the power of attorney.
If you fail to make the payments along with filing the motion, the authorities that conduct the proceedings will specify you the date up to which you are to make the payments. This date shall not be shorter than 7 days and longer than 14 days. If you fail to make the payment within the specified time limit, the motion is subject to return.
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PROCEDURE
The authorities of first and second instance may, before the issuance of the decision, call on you to appear personally in order to make explanations of the important facts that are necessary to make a decision.
What you should do is to pay particular attention to any instructions on the methods of prosecuting that are enclosed to each and every decision, including to the time limits that are specified in these instructions. Only before the passage of these time limits are you allowed to make an appeal against the decision of the authorities of first instance or lodge a complaint to the Administrative Court against the decision of the authorities of second instance.
Your personal details may be conveyed to the competent authorities of other member states of the European Union in accordance with the existing legal provisions.
While filing a motion to be granted a resident permit, you should produce a valid travel document. In the particularly justified case, when you do not hold the valid travel document and there is no possibility of obtaining it, you may present other document that would confirm your identity.
The foreigner is allowed to cross the border and to stay on the territory of the Republic of Poland if he/she is the holder of:
1) a valid travel document;
2) a valid visa or other valid document that authorises him/her to entry and stay on this territory if such are required;
3) permit to enter the other country or permit to stay in this country if such permits are required in case of transit transportation.
The foreigner may travel and stay on the territories of Schengen zone countries (including the territory of the Republic of Poland) without the need to hold a visa for the period that does not exceed 3 months in a six-month period upon producing the resident permit as issued by one of the Schengen zone countries if at the same time he/she satisfies the general terms of entrance and stay on the territories of the countries that belong the Schengen zone, that is, he/she is in possession of a valid travel document, is able to explain the reason and conditions of the intended stay and has the sufficient amount of financial resources to subsist or has the possibility of gaining them lawfully and he/she is not considered to pose a threat to the public order, internal security, public health or international affairs of any of the member states, and in particular there was no entry into the purposes of refusal to cross the borders in the national databases of the member states made against him/her as a result of the above.
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VISAS
The motion to grant a visa shall be filed with the consul. Visas shall be issued as uniform visas: stay or transit visas, or as national visas.
Uniform and stay visa shall entitle its holder to one or more entrances provided that neither the length of the uninterrupted stay nor the total length of the subsequent stays at the territories of the Schengen zone countries shall not exceed the period of 3 months during each six-month term as calculated following the date of the first entrance at this territory.
The national visa shall entitle to the entrance and uninterrupted stay at the territory of the Republic of Poland or to several stays following one another which last jointly longer than 3 months and do not exceed jointly the period of one year during the validity of the visa.
You may apply for a visa if you hold a valid travel document whose validity period exceeds, by at least 3 months, the period in which the departure from the territory of the Republic of Poland or of Schengen zone in case of uniform visa must occur, according to the visa that has been issued.
Visa may entitle to one, two or unlimited number of entrances during the stay as specified with the number of days in visa.
On the basis of the visa as held by the foreigner, the latter may stay at the territory of Poland or Schengen zone countries in case of uniform visa only during the stay as defined with the number of days in visa. The total number of days of particular stays may not exceed jointly the duration of stay as specified in visa also in case of a visa that authorises to more than one entrance.
Apart from specifying the duration of stay in visa, the validity period of a visa is also defined by stating the initial and final date of the validity period of the visa, which shall not be longer than 5 years, in case of uniform and stay visa or national visa, during which the first entrance may occur and the last departure from the territory of the Republic of Poland or of the Schengen zone countries, in case of uniform visa, must take place.
The beginning of the validity period of the visa shall be on the period of 3 months following the date of issuing visa.
The consul shall be the competent authority to grant visas.
The voivode for the place of stay of the foreigner shall be the competent authority to renew a visa.
The foreigner shall be obligated to leave the territory of the Republic of Poland before the passage of the stay period as specified in the visa and before the passage its validity period, unless he/she was granted the renewal of the visa or the permit to reside for a definite period of time, permit to settle oneself or permit to stay as a long-term resident of EC at the territory of the Republic of Poland.
You may apply for the renewal of the visa with the competent voivode for the place of stay before the lapse of at least 3 days before the end of stay period under the visa as held by you. Visa may be renewed only if all terms that were mentioned below have been satisfied:
- the situation is supported by an important professional or personal business or by humanitarian reasons
- the circumstances that had contributed to filing the application for the renewal of the visa occurred independently of your will and they could not reasonably be foreseen at the moment of issuing a visa
- the circumstances of the case do not testify to the fact that the intention of your stay will be different from that as declared by you;
- there are no grounds which would justify the denial of granting a visa.
The stay period at the territory of the Republic of Poland in accordance with the renewed visa shall not exceed the maximum number of days of the stay period that have been provided for a specific type of visa (3 months as far as the uniform and stay visa is concerned, and 1 year for the national visa).
An application for renewal of the visa submitted after the deadline shall be left unconsidered.
If the deadline for submission of the application has been retained, competent authority shall affix a stamp in your travel document, which confirms that the application for visa extension has been made and your stay on the Polish territory is legal until the final decision is made.
The application for the visa extension shall be submitted together with:
1) 1 up-to-date photograph of the applicant, undamaged, colored, 35 x 45 mm, made in the past 6 months on a plain white background, with good focus and clearly showing the eyes and face from the top of the head to the top of the shoulders, so it occupies 70-80% of the photograph. Photographs are to provide a person without a hat and dark glasses, looking straight ahead with eyes open, face shall be exposed, with the natural expression and closed mouth. A person with congenital or acquired defects of the eyes may be wearing glasses with dark lenses, a person wearing headgear in accordance with the principles of their religion - with photographs of her headgear. Headgear may not cover or distort the contours of your face.
2) documents confirming the purpose of the stay and the need to extend the visa,
3) health insurance in the amount of 30 000 euros, valid for a period of intended stay (on the Polish territory in case of a national visa and the entire Schengen area for a Schengen visa)
4) proof of payment of stamp duty,
5) travel document for review.
Visas that entitle to work shall give you the right to stay at the territory of the Republic of Poland and to undertake work provided that you are granted the work permit if such is required.
Visas that entitle you to start work may be issued if you produce the work permit at the territory of the Republic of Poland, or the written declaration as made by the employer that the latter wants to entrust the former with performing the work, when the work permit is not required.
The competent consul for the country in which the foreigner permanently resides shall be responsible for granting or denying the visa that authorises to undertake work. If the foreigner stays legally at the territories of the member states of the European Union, the member states of the European Free Trade Association (EFTA), parties to the agreement on the European Economic Area or the Swiss Confederation, visa that entitles to start work may be also issued by the consul different from that as mentioned above.
Stay visa that gives the right to start work shall be granted for the stay period which corresponds to that as determined in the promise to issue a permit for work or in the employer’s declaration, and it shall not be longer that one year.
The foreigner who intends to perform the work, at the territory of the Republic of Poland, that is dependent upon the seasons for a definite period of time shall be granted a visa that authorises to undertake work, for the stay period that is equal to the period as indicated in the promise to issue a work permit or in the written declaration of the employer that the latter wants to entrust the former with the work, if the work permit is not required. However, the stay permit shall not be longer than 6 months in a twelve-month term as calculated following the date of first entrance.
If you intends to perform work, at the territory of the Republic of Poland, longer than 3 months, and you receive the promise to be granted a work permit, you may apply, through the consul if you stay abroad or directly, with the competent voivode for the place of stay, for granting a permit to reside for a definite period of time.
The stay at the territory of the Republic of Poland without the required visa, permit to reside for a definite period of time, or permit to settle oneself, or stay permit as a long-term resident of EC and work permit or permit to run a business against the binding provisions, shall expose you to the deportation from the territory of the Republic of Poland and shall deprive you of the possibility to re-enter its borders for the period up to 5 years. Additionally, personal details of the foreigners against whom the decision of deportation from the territory of Poland was made shall be transferred to the Schengen Information System (SIS) in order to deny the entrance of such individual to the entire territory of Schengen zone countries during the period that was mentioned above.
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PERMIT TO RESIDE FOR A DEFINITE PERIOD OF TIME
You may apply for the permit to reside for a definite period of time if there exist the circumstances that justify the residence at the territory of the Republic of Poland for the period longer than 3 months. Pursuant to art. 53(1) of the Act on Aliens, among these circumstances there are:
1) obtaining the work permit or the written declaration of the employer that the latter wants to entrust the foreigner with performing the work, if the work permit is not required;
2) running a business, under the provisions that are binding in the Republic of Poland, that is beneficial for the national economy , and in particular, that contributes to the increase in the investments, transfer of technologies, implementing of innovative solutions or forming new workplaces;
3) continuing the activity at the territory of the Republic of Poland by the foreigner of recognized artistic achievements
4) participating in the trainings and professional practices that are pursued under the programmes of the European Union
5) intention of the migrating worker as referred to in the European Social Charter that was made in Turin on 18 October 1961 (Journal of Law of 1999, No. 8, Item 67) to reside together with the members of his/her family,
6) marriage with the Polish citizen;
7) intention to stay as a member of the foreigner’s family, as referred to in art. 54 of the Act on Aliens of 13 June 2003, at the territory of the Republic of Poland or to stay at this territory in order to join the family;
8) stay of the foreigner’s minor at the territory of the Republic of Poland, born in this territory and left without care;
9) stay of the foreigner’s spouse or adult child, as referred to in art. 54 of the Act on Aliens, at the territory of the Republic of Poland for the period of at least 5 years by virtue of the permits to reside for a definite period of time as granted with respect to the facts as referred to in point 7;
10) stay at the territory of the Republic of Poland pursuant to the permit to reside for a definite period of time as granted with respect to the facts as referred to in point 7, in case of becoming a widow/widower, divorce, separation or the death of the ascendant or descendant related in the first degree if this is supported by a particularly important business of the foreigner;
11) stay at the territory of the Republic of Poland pursuant to the permit to reside for a definite period of time as granted with respect to the facts as referred to in point 6, in case of becoming a widow/widower or divorce, when this is supported by a particularly important business of the foreigner;
12) being the foreigner’s minor child who holds the permit to reside for a definite period of time, born at the territory of the Republic of Poland;
13) holding a permit to stay as a long-term resident of EC, as granted by other member state of the European Union, and intention to perform work or run a business under the provisions that are binding within that respect in the Republic of Poland, to start or continue studies or professional training, or showing that there are other circumstances that justify the foreigner’s residence at the territory of the Republic of Poland;
14) accompanying or intention to join, as a family member, the foreigner, as referred to in point 13, with whom the family member stayed at the territory of other member states of the European Union;
15) falling victim to the trafficking in human beings within the meaning of the Council Framework Decision of 19 July 2002 on combating trafficking in human beings, if the foreigner
a) stays at the territory of the Republic of Poland;
b) has established the cooperation with the competent authority to conduct proceedings on combating trafficking in human beings;
c) has severed relations with the individuals who are suspected of committing the forbidden acts concerning trafficking in human beings;
16) dwelling or stay at the territory of the Republic of Poland in order to start or continue intramural studies or Ph. D. studies at this territory, referred to as the studies, also in case of taking up the studies at the territory of other member state of the European Union to be continued or supplemented at the territory of the Republic of Poland;
17) being a scientist who arrives or stays at the territory of the Republic of Poland in order to carry out research under the contract of employment in order to carry out a scientific project, as concluded with the scientific institution that is approved by the competent minister for science;
18) holding a residence permit, as referred to in art. 1(2)(a) of the Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ EU L 157, 15.6.2002, pp. 1-7), with an annotation ‘scientist”, as issued by other member state of the European Union if the contract of employment in order to carry out a scientific project that has been concluded with the competent scientific institution of that state provides for carrying out the scientific research also at the territory of the Republic of Poland;
19) having the right to perform work at the territory of the Republic of Poland in accordance with the rules as specified in the legal documents that were issued by the authorities that were established on the strength of the Agreement establishing an association between the European Economic Community and Turkey that was signed at Ankara on 12 September 1963 (OJ EC L 217, 29.12.1964, p. 3687).
Additionally, according to art. 53a(1) of the Act on Aliens, residence permits for a definite period of time may be granted to the foreigner who:
1) intends to start or continue at the territory of the Republic of Poland:
a) studies or
b) professional trainings;
2) intends, because of the family ties, to join the Polish citizen or the citizen of the member state of the European Union, of the member state of the European Free Trade Association (EFTA) –parties to the agreement on the European Economic Area or the Swiss Confederation, who stays at the territory of the Republic of Poland, or intends to reside with him;
3) is a priest, a member of the monastic order or an individual who perform the religious functions in churches and religious unions whose status is regulated by the international agreement, provisions of the acts on the relation of the state with respect to the church or other religious union, or which exist by virtue of the entry as made in to the registry of churches and other religious unions, and his stay at the territory of the Republic of Poland is connected with performing this function or preparing for performing thereof;
4) proves that there are circumstances other than those as mentioned in points 1-3 or in art. 53(1) of the Act on Aliens.
Permits to reside for a definite period of time may be granted if the circumstances that were mentioned above justify your residence at the territory of the Republic of Poland for the period longer than 3 months.
The foreigner who applies for the issuance of the permit to reside for a definite period of time, as referred to in art. 53(1) points 1, 2,7,9,13,14 and 16-18 and in art. 53a(1) shall be obligated to be in possession of:
1) health insurance within the meaning of the provisions on the health care services as financed with the public funds, or the evidence of paying the treatment costs by the insurance company at the territory of the Republic of Poland, and
2) stable and regular source of income that is sufficient to pay his/her living costs and the living costs of his/her family that is dependent upon him/her in cases as referred to in art. 53(1) points 1,2,7,9,13 and 14, and in art. 53a(1)(1)(b), and art. 53a(1)(2), and art. 53a(1)(4);
3) financial resources that are sufficient to pay the living costs and return costs in cases as referred to in art. 53(1) points 16-18 and in art. 53a(1)(1)(a). The second requirement, as referred to in point 2 that was mentioned above, is also satisfied when the living costs of the foreigner are paid by a family member obliged to his/her maintenance who resides at the territory of the Republic of Poland.
These requirements shall not apply, inter alia, to Polish citizens’ spouses, minor child of the foreigner who holds a permit to reside for a definite period of time, born at the territory of the Republic of Poland, foreigners who participate in trainings and professional practice that are realized under the programmes of the European Union and to the victims of trafficking in human beings.
The foreigner, as referred to in art. 53(1) point 16 of the Act on Aliens, shall be, additionally, obligated to prove that he/she has the guaranteed financial resources that are sufficient to cover the costs of the studies.
The following individuals are considered to be the family members of the foreigner:
1) an individual who is married to him/her, and this marriage is recognized by the law of the Republic of Poland;
2) a minor child of the foreigner and the individual who is married to him/her, and this marriage is recognized by the law of the Republic of Poland, including a child who has been adopted;
3) a minor child of the foreigner, including the adopted one, who is dependent upon him/her and for whom the foreigner exercises a factual parental care;
4) a minor child of the individual, as referred to in point 1, including the adopted one, who is dependant upon him/her and for whom he/she exercises a factual parental care.
Straight line ascendant shall be considered to be a family member of the foreigner minor who has a refugee status and who stays at the territory of the Republic of Poland without care.
Pursuant to art. 54 of the Act on Aliens, permits to reside for a definite period of time in order to join the family shall be granted to the family member of the foreigner who resides at the territory of the Republic of Poland:
1) according to the permit to settle oneself;
2) according to the permit to stay as a long-term resident of EC;
3) and who has a refugee status;
3a) in relation with granting a supplementary protection
4) at least for 2 years in accordance with the permits to reside for a definite period of time for a family member –in accordance with the permit as issued for the duration of stay not shorter than one year;
5) according to the permit to reside for a definite period of time, as referred to in art. 53(1) points 17 and 18 of the Act on Aliens.
Additionally, pursuant to art. 53a(2) of the Act on Aliens, permits to reside for a definite period of time may be granted to the foreigner who stays at the territory of the Republic of Poland illegally, if:
6) the Polish law provisions require from the foreigner to appear personally before the Polish public authorities;
7) the exceptional personal situation requires the foreigner’s presence at the territory of the Republic of Poland;
8) this is required by the interest of the Republic of Poland;
9) the competent authorities to conduct proceedings on combating trafficking in human beings determine that the foreigner is likely to be the victim of trafficking in human beings within the meaning of the Council Framework Decision of 19 July 2002 on combating trafficking in human beings (OJ EC L 203, 1.8.2002, p. 1; OJ EU Polish special edition, section 19, vol. 6, p. 52).
The permits that were mentioned above shall be granted for the period not longer than 3 months. If you stay abroad, the motion to grant a permit to reside for a definite period of time shall be filed through a consul. If you stay in Poland, the motion shall be filed with the competent voivode for the place of stay.
While applying for granting the permit to reside for a definite period of time, you are obliged to file:
1) a filled-in application form concerning the granting of the permit to reside for a definite period of time;
2) 4 up-to-date photographs of the applicant, undamaged, colored, 35 x 45 mm, made in the past 6 months on a plain white background, with good focus and clearly showing the eyes and face from the top of the head to the top of the shoulders, so it occupies 70-80% of the photograph. Photographs are to provide a person without a hat and dark glasses, looking straight ahead with eyes open, face shall be exposed, with the natural expression and closed mouth. A person with congenital or acquired defects of the eyes may be wearing glasses with dark lenses, a person wearing headgear in accordance with the principles of their religion - with photographs of her headgear. Headgear may not cover or distort the contours of your face.
3) documents that are necessary to confirm the data as contained in the application form and the circumstances that justify applying for granting the permit to reside for a definite period of time;
4) confirmation of making the payment of the stamp duty.
The foreigner who applies for granting the permit to reside for a definite period of time, on account of receiving the promise of granting the work permit, permit to run a business, permit to join the family and on account of a five-year stay at the territory of the Republic of Poland as the foreigner’s family member, and in relation with holding the permit to stay as a long-term resident of EC in other member state of the European Union and in relation with accompanying or intending to join, as a family member, the foreigner who holds the permit to stay as a long-term resident of EC in other member state of the European Union, and also the foreigner as referred to in art. 53a point 1,2 and 4 of the Act on Aliens shall be obliged to enclose also with the application form the legal title to occupy the housing apartment in which he/she stays or intends to stay.
Agreement of lending for use of the housing apartment shall not be considered to be the legal title to occupy this housing apartment in which the foreigner stays or intends to stay, unless the foreigner’s ascendant, descendant or spouse, the spouse’s parents or the foreigner’s sibling are the lending party.
The foreigner who applies for granting the permit to reside for a definite period of time, pursuant to art. 53(1) points 17 and 18 of the Act on Aliens, that is, ‘the scientist’, shall be obligated to provide with the additional contract of employment in order to carry out a research project, as concluded with the scientific institution, and the written commitment as made on the part of this scientific institution to cover the costs of the foreigner’s stay and deportation, these costs being covered with the public funds within 6 months following the date of termination the contract, if the reason for which he/she has been deported is an illegal stay at the territory of the Republic of Poland.
The consent of the individuals who exercise the parental authority over the minor foreigner who applies for granting the permit to reside for a definite period of time shall be enclosed with the application form.
The foreigner as referred to in art. 53(1) point 16 of the Act on Aliens shall be obligated to confirm the intention of commencing or continuing the studies at the territory of the Republic of Poland by submitting the certificate of the unit which conducts the studies on admittance and by submitting the evidence of making the payments, if such are required by this unit to commence or continue the studies.
The application form on granting the permit to reside for a definite period of time shall not be filed by the foreigner who:
• stays at the territory of the Republic of Poland under the uniform and stay visa that authorises only to the entrance at the territory of the Republic of Poland for the purpose as mentioned in art. 28(1)(11) of the Act on Aliens, that is, in order to enter because of the humanitarian reasons, for the interest of the state or international obligations or by virtue of the permit to reside for a definite period of time as referred to in art. 53a(2) of the Act on Aliens, unless the foreigner apply for granting the permit to reside for a definite period of time pursuant to art. 53(1)(15) of the Act on Aliens;
• has been detained, placed in a protected centre, in custody in order to be deported, with respect to whom the preventive measures were taken such as the ban on leaving the state, or has been imprisoned as a result of the execution of the court’s decision as made in accordance with the law;
• has the permit for a tolerated stay.
In the event of filing such an application form, the latter shall be left without examining.
The permit to reside for a definite period of time shall be granted each time for the period that is necessary to reach the goal of the stay at the territory of the Republic of Poland, not longer than 2 years. If the reason for which applying for granting the permit to reside for a definite period of time involves commencing or continuing the studies, education or professional training or carrying out the research, the permit shall be granted for the period that does not exceed one year.
The permit to reside for a definite period of time shall be granted to the family member for the period for which the foreigner has been granted the permit to reside for a definite period of time to whom the former intends to arrive or has arrived in order to join the family, and if the foreigner does not have the permit to settle oneself, the permit to stay as a long-term resident of EC or has the refugee status as awarded in the Republic of Poland, for the period of 2 years.
The minor child of the foreigner who holds the permit to reside for a definite period of time shall be granted this permit for the period up to the day on which his statutory representative’s permit expires.
The foreigner who was the victim of trafficking in human beings and who stays at the territory of the Republic of Poland, who started cooperation with the competent authorities to conduct proceedings on trafficking in human beings and severed relations with the individuals who were suspected of committing the forbidden acts that were connected with trafficking in human beings, shall be granted the permit to reside for a definite period of time for 6 months.
The foreigner as referred to in art. 53a(2) shall be granted the permit to reside for a definite period of time for the period that is necessary to reach the goal in order to which the permit was issued, or to make a decision to cooperate with the competent authority to conduct the proceedings on combating trafficking in human beings, that is not longer than 3 months.
The foreigner shall file the application at least 45 days before the lapse of the stay period under the visa or of the period up to which the previous permit to reside for a definite period of time and if the application fulfills all of the formal requirements, the competent authority shall affix a stamp in your travel document, which confirms that the application has been made and your stay on the Polish territory is legal until the final decision is made.
If the motion was not filed at least 45 days before the lapse of the stay period under the visa or of the period up to which the previous permit to reside for a definite period of time had been granted and the proceedings is not finished - you shall be obligated to leave the territory of the Republic of Poland and to await the decision abroad. In the event of the failure to perform the obligation of leaving the territory of the Republic of Poland and in case of staying at the territory of the Republic of Poland illegally, the voivode shall be obliged to make a decision to deny granting the permit to reside for a definite period of time.
Decision to grant or deny the permit to reside for a definite period of time shall be made by the competent voivode for the place of the foreigner’s stay. The foreigner who was granted the permit to reside for a definite period of time shall be issued the residence card. The residence card, while being valid, shall confirm the identity of the foreigner during his/her stay at the territory of the Republic of Poland and shall authorise, along with the travel document, to the repeated crossing of the border without the need of receiving visa.
The stamp duty amounting to PLN 340 shall be collected for the issuance of the permit to reside for a definite period of time.
The charge amounting to PLN 50 shall be collected for the issuance of the residence card.
If the motion to grant the permit to reside for a definite period of time was filed abroad, the voivode’s decision may be delivered to you through the consul. If you stay abroad at the time of making decision to grant to you the permit to reside for a definite period of time, you should, in order to enter Poland, apply for the issuance of the national visa in order to enable the use of the permit to reside for a definite period of time. The residence card shall be issued to you upon the entrance at the territory of Poland by the competent voivode for the place of the intended stay.
The foreigner shall be obliged to collect the residence card personally, and in case of the minor who has not attained 13 years of age, the residence card shall be collected by his statutory representative or guardian.
The foreigner shall be obligated to exchange the residence card that is held by him in the event of:
1) change of the data as contain therein;
2) change of appearance which hinders to establish his/her identity;
3) card damage that hinders the card usage;
4) loss or damage of the card.
The exchange of the residence card shall be made by the competent voivode for the place of the foreigner’s stay.
The foreigner who has lost his/her residence card shall be obligated to notify the voivode who issued the card of its loss within 3 days following the day on which the card has been lost. If the foreigner found the residence card that he/she had lost, he/she shall be obligated, within 3 days following the date of finding thereof, to notify the voivode of this fact and to return the residence card that was found immediately, when the new residence card was issued in place of the lost one.
The foreigner shall be obliged to immediately return the residence card to the authority which has granted the card, upon the delivery of the document that confirms granting the Polish citizenship or of the decision to withdraw the permit to reside for a definite period of time.
The foreigner shall be obligated to leave the territory of the Republic of Poland before the passing of the validity period of the permit to reside for a definite period of time, unless he/she has been granted another permit to reside for a definite period of time or permit to settle oneself or permit to stay as a long-term resident of EC at the territory of the Republic of Poland.
The stay at the territory of the Republic of Poland without holding a required visa, permit to reside for a definite period of time or permit to settle oneself or permit to stay as a long-term resident of EC and the performance of work or running a business against the binding provisions shall expose you to the deportation from the territory of the Republic of Poland and to the lack of possibility to re-enter for the period ranging from 3 to 5 years. Additionally, the foreigner’s personal details against whom the decision to deport from the territory of Poland was made shall be transferred to the Schengen Information System (SIS) for the purpose of denying the entrance at the entire territory of the Schengen zone states during the period that was mentioned above.
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Permit to settle oneself
Pursuant to art. 64(1) of the Act on Aliens, permits to settle oneself shall be granted at the request of the foreigner who:
1) is the minor child, born at the territory of the Republic of Poland, of the foreigner who holds the permit to settle oneself;
2) is married to the Polish citizen, the marriage being entered into at least 3 years before filing the motion, and who stayed uninterruptedly at the territory of the Republic of Poland directly before filing the motion for at least 2 years in accordance with the permit to reside for a definite period of time;
3) stayed uninterruptedly at the territory of the Republic of Poland directly before filing the motion for the period not shorter than 10 years under the permit for a tolerated stay as granted in accordance with art. 97(1) point 1 or 1a or art. 97(2) of the Act of 13 June 2003 on Granting Protection to Aliens within the Territory of the Republic of Poland or for the period of 5 years in relation with being awarded the refugee status or supplementary protection;
4) is the Polish citizen’s child and stays under his parental authority.
The stay at the territory of the Republic of Poland shall be considered to be uninterrupted when none of the intervals thereof were not longer than 6 months and did not exceed jointly the period of 10 months, unless the interval was caused by:
1) performing the professional obligations or work outside the territory of the Republic of Poland under the contract as concluded with the employer whose seat is at the territory of the Republic of Poland;
2) accompanying the spouse who performs the professional obligations or work in the conditions as referred to in point 1;
3) undergoing medical treatment.
Permits to settle oneself shall be granted for an indefinite period of time. The permit to settle oneself shall expire by virtue of the law on the day of granting the permit to stay as a long-term resident of EC to the foreigner.
The foreigner may file the motion to grant the permit to settle oneself at the time of his/her legal stay at the territory of the Republic of Poland. If the application fulfills all of the formal requirements, the competent authority shall affix a stamp in your travel document, which confirms that the application has been made and your stay on the Polish territory is legal until the final decision is made.
The motion to grant the permit to settle oneself may not by filed by the foreigner who stays abroad or who stays at the territory of the Republic of Poland illegally, or under the uniform and stay visa that authorises only to enter the territory of the Republic of Poland for the purpose as referred to in art. 28(1)(11) of the Act on Aliens, that is, in order to enter for the humanitarian reasons, for the interest of the state or for the international obligations, or under the permit to reside for a definite period of time as referred to in art. 53a(2) of the Act on Aliens, or by the foreigner who has been detained, placed in a protected centre, in a custody in order to be deported, against whom the preventive measures were taken such as the ban on leaving the state, or who has been imprisoned as a result of the execution of the decisions as made in accordance with the law. In the event of filing such a motion, the latter shall be left without examination.
While applying for granting the permit to settle oneself, you shall be obliged to file:
1) a filled in application form to grant the permit to settle oneself;
2) 4 up-to-date photographs of the applicant, undamaged, colored, 35 x 45 mm, made in the past 6 months on a plain white background, with good focus and clearly showing the eyes and face from the top of the head to the top of the shoulders, so it occupies 70-80% of the photograph. Photographs are to provide a person without a hat and dark glasses, looking straight ahead with eyes open, face shall be exposed, with the natural expression and closed mouth. A person with congenital or acquired defects of the eyes may be wearing glasses with dark lenses, a person wearing headgear in accordance with the principles of their religion - with photographs of her headgear. Headgear may not cover or distort the contours of your face.
3) documents that are necessary to confirm the data as contained in the application form and the circumstances that justify applying for granting the permit to settle oneself;
4) confirmation of making the payment of the stamp duty.
5) a legal title to the housing apartment that is occupied by you and at which you stays or intends to stay, in case of applying for granting the permit to settle oneself under the art. 64(1)(3).
Agreement of lending for use of the housing apartment shall not be considered to be the legal title to occupy this housing apartment in which the foreigner stays or intends to stay, unless the foreigner’s ascendant, descendant or spouse, the spouse’s parents or the foreigner’s sibling are the lending party.
Decision to grant the permit to settle oneself shall be made by the competent voivode for the place of the foreigner’s stay.
The foreigner who has been granted the permit to settle oneself shall be issued the residence card. The residence card, while valid, shall confirm the identity of the foreigner during his/her stay at the territory of the Republic of Poland and authorise, along with the travel document, to the repeated crossing of the border without the need of being granted a visa.
The stamp duty amounting to PLN 640 shall be collected for the issuance of the permit to settle oneself. The charge amounting to PLN 50 shall be collected for the issuance of the residence card.
The foreigner shall be obligated to collect the residence card personally, and in case of the minor who has not attained 13 years of age, the residence card shall be collected by his statutory representatives or guardian.
The foreigner shall be obligated to exchange the residence card that he/ she holds in the event of:
1) the change of data as contained therein;
2) the change of appearance that hinders the establishment of the identity;
3) the card damage which hinders the usage thereof;
4) the passing of the validity period of the residence card as issued in relation with being granted the permit to settle oneself;
5) the loss or damage of the card.
The exchange of the residence card shall be made by the competent voivode for the place of the foreigner’s stay.
The foreigner who has lost his/her residence card shall be obligated to notify the voivode who granted the card within 3 days following the date of its loss. When the foreigner finds the lost residence card, he/she shall be obliged, within 3 days following the date of finding thereof, to notify the voivode of this fact and to return immediately the residence card that was found if ,in place of the lost residence card, the new residence card was issued.
The foreigner shall be obligated to return immediately the residence card to the authorities that granted the residence card upon the delivery of the document which confirms granting the Polish citizenship or upon the delivery of the decision to withdraw the permit to settle oneself.
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Permit to stay as a long-term resident of EC
The foreigner who holds the permit to stay as a long-term resident of EC in one of the member states of the European Union shall have the right to be granted the permit for temporal stay in other member state of the European Union, if there arise the circumstances that justify his stay in this state and if he/she has a stable and regular source of income and the health insurance. This applied also to the family members of the foreigner who was mentioned above.
The permit to stay as a long-term resident of EC shall be granted at the request of the foreigner who stays at the territory of the Republic of Poland legally and uninterruptedly for at least the period of 5 years directly before filing the motion and who has:
• stable and regular source of income which is sufficient for covering the living costs of the foreigner and his/her family members who are dependant upon the former;
• health insurance within the meaning of the provisions on universal health insurance or the confirmation of covering the treatment costs at the territory of the Republic of Poland as made by the insurance company.
Permit to stay as a long-term resident of EC shall not be granted to the foreigner who:
1) stays at the territory of the Republic of Poland in order to finish his/her studies or professional training;
2) has the permit for a tolerated stay, asylum, refugee status as granted in the Republic of Poland or who enjoys the supplementary or temporal protection;
3) applies for granting the refugee status or seeks asylum;
4) is an ‘au pair’ worker, seasonal worker, is delegated by the service provider for the cross-border service provision, or is the service provider who renders the cross-border services;
5) stays at the territory of the Republic of Poland under the uniform and stay visa that authorises only to enter the territory of the Republic of Poland for the purpose as referred to in art. 28(1) point 11 of the Act on Foreigners, that is, in order to enter for the humanitarian reasons, for the interest of the state or international obligations, or under the permit to reside for a definite period of time as granted pursuant to art. 53(1) point 5 or 7, art. 53a(1)(1)(a) or art. 53a(2) of the Act on Foreigners;
6) has been detained, placed in a protected centre, in a custody in order to be deported, against whom the preventive measures such as the ban on leaving the country were taken, or who has been imprisoned as a result of executing the decisions as made in accordance with the law.
The five-year stay period which is a condition of granting the permit to stay as a long-term resident of EC shall not include the stay of the foreigner who:
1) has been detained, placed in a protected centre, in a custody in order to be deported, against whom the preventive measures such as the ban on leaving the country, or who has been imprisoned under the decisions as made in accordance with the law;
2) is an ‘au pair’ worker, seasonal worker, as delegated by the service provider for the cross-border service provision, or is the service provider who renders the cross-border services.
3) stays under the uniform and stay visa that authorises only to enter the territory of the Republic of Poland for the purpose as referred to in art. 28(1)(11) of the Act on Aliens, that is, in order to enter for the humanitarian reasons, for the interest of the state or international obligations, or under the stay visa as issued in order to undertake or continue the education, or under the permit to reside for a definite period of time as granted pursuant to art. 53(1) point 5 or 7, art. 53a(1)(1)(a) or art. 53a(2) of the Act on Aliens;
4) is the chief, personnel member of the diplomatic mission, head of the consular office and the member of the consular personnel of the foreign state and another individual who is equal to them according to the law, contracts or commonly accepted international customs.
The half of the foreigner’s stay period under the visa as granted in relation with the studies or professional training or under the permit to reside for a definite period of time as issued in relation with the circumstances, as referred to in art. 53a(1)(16) or art. 53a(1)(1)(b), shall be included into the five-year stay period that is a condition of granting the permit to stay as a long-term resident of EC.
The stay at the territory of the Republic of Poland shall be considered to be uninterrupted if none of the intervals therein are longer than 6 months and do not exceed jointly the period of 10 months, unless the interval was caused by:
1) performing the professional obligations or work outside the territory of the Republic of Poland pursuant to the contract as concluded with the employer whose seat is at the territory of the Republic of Poland;
2) accompanying the spouse who performs the professional obligations or work in the conditions as referred to in point 1;
3) medical treatment of the foreigner.
Permits to stay as a long-term resident of EC shall be granted for an indefinite period of time. Upon being granted the permit to stay as a long-term resident of EC to the foreigner, the permit to settle oneself as held by the foreigner shall become invalid by virtue of the law.
The foreigner may file a motion to be granted the permit to stay as a long-term resident of EC at the time of his/her legal stay at the territory of the Republic of Poland, without prejudice to the cases that were mentioned below.
The motion to be granted the permit to stay as a long-term resident of EC shall not be filed by the foreigner who stays abroad, who stays at the territory of the Republic of Poland illegally, who stays under the uniform and stay visa that authorises only to enter the territory of the Republic of Poland for the purpose, as referred to in art. 28(1)(11) of the Act on Aliens, that is, in order to enter for humanitarian reasons, for the interest of the state or international obligations, or who stays under the permit to reside for a definite period of time, as referred to in art. 53a(2) of the Act on Aliens, or shall not be filed by the foreigners who has been detained, placed in a protected centre, in a custody in order to be deported, against whom the preventive measures such as the ban on leaving the state were taken, or by the foreigner who has been imprisoned as a result of executing the decisions as made in accordance with the law.
The motion concerning this case shall not be filed also by the foreigner who stays at the territory of the Republic of Poland in order to study or undergo professional training, who has the permit for a tolerated stay, asylum, refugee status as granted in the Republic of Poland, or who enjoys the supplementary or temporal protection, who applies for granting the refugee status or seeks asylum, who is an ‘au pair’ worker, seasonal worker, who is delegated by the service provider for the cross-border service provision or who is the service provider rendering the cross-border services, and by the foreigner who stays at the territory of the Republic of Poland under the permit to reside for a definite period of time, as issued pursuant to art. 53(1) point 5 or 7, or according to art. 53a(1)(1)(a) of the Act on Aliens.
In the event of filing the motion to be granted the permit to stay as a long-term resident of EC as specified above, the motion shall be left without examining.
While applying for granting the permit to stay as a long-term resident of EC, you shall be obligated to submit:
1) a filled in application form on granting the permit to stay as a long-term resident of EC;
2) 4 up-to-date photographs of the applicant, undamaged, colored, 35 x 45 mm, made in the past 6 months on a plain white background, with good focus and clearly showing the eyes and face from the top of the head to the top of the shoulders, so it occupies 70-80% of the photograph. Photographs are to provide a person without a hat and dark glasses, looking straight ahead with eyes open, face shall be exposed, with the natural expression and closed mouth. A person with congenital or acquired defects of the eyes may be wearing glasses with dark lenses, a person wearing headgear in accordance with the principles of their religion - with photographs of her headgear. Headgear may not cover or distort the contours of your face.
3) documents that are necessary to confirm the data as contained in the application form and the circumstances that justify applying for granting the permit to stay as a long-term resident of EC;
4) confirmation of making the payment of the stamp duty.
5) legal title to the housing apartment that is occupied by you and at which you stays or intends to stay.
Agreement of lending for use of the housing apartment shall not be considered to be the legal title to occupy this housing apartment in which the foreigner stays or intends to stay, unless the foreigner’s ascendant, descendant or spouse, the spouse’s parents or the foreigner’s sibling are the lending party.
Decision to grant the permit to stay as a long-term resident of EC shall be made by the competent voivode for the place of the foreigner’s stay.
The residence card shall be the document that confirms granting the permit to stay as a long-term resident of EC. The residence card, while being valid, shall confirm the foreigner’s identity during his/her stay at the territory of the Republic of Poland and shall authorise, along with the travel document, to the repeated crossing of the border without the need of being granted a visa.
The stamp duty amounting to PLN 640 shall be collected for the issuance of the permit to stay as a long-term resident of EC. The charge amounting to PLN 50 shall be collected for the issuance of the residence card.
The foreigner shall be obligated to collect the residence card personally, and in case of the minor who has not attained 13 years of age, the residence card shall be collected by his statutory representatives or guardian.
The foreigner shall be obligated to exchange the residence card that he/ she holds in the event of:
1) the change of data as contained therein;
2) the change of appearance that hinders the establishment of the identity;
3) the card damage which hinders the usage thereof;
4) the passing of the validity period of the residence card as issued in relation with being granted the permit to stay as a long-term resident of EC;
5) the loss or damage of the card.
The exchange of the residence card shall be made by the competent voivode for the place of the foreigner’s stay.
The foreigner who has lost his/her residence card shall be obligated to notify of this fact the voivode who granted the card within 3 days following the date of its loss. When the foreigner finds the lost residence card, he/she shall be obliged, within 3 days following the date of finding thereof, to notify the voivode of this fact and to return immediately the residence card that was found if, in place of the lost residence card, the new residence card was issued.
The foreigner shall be obligated to return immediately the residence card to the authorities that granted the residence card upon the delivery of the document which confirms granting the Polish citizenship or upon the delivery of the decision to withdraw the permit to stay as a long-term resident of EC
Permit to stay as a long-term resident of EC shall be withdrawn if, inter alia, the foreigner left the territory of the Republic of Poland for the period that exceeded 6 years, left the territory of the European Union for the period of 12 subsequent months or was granted the permit to stay as a long-term resident of EC at the territory of other member state of the European Union.
In the event of the withdrawal of the permit to stay as a long-term resident of EC due to the reasons that were mentioned above, the next permit to stay as a long-term resident of EC may be granted if the foreigner satisfies the conditions of granting this permit, but he/she shall stay at the territory of the Republic of Poland legally and uninterruptedly, directly before filing the motion to be granted next permit, for the period of at least 3 years.
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Contact:
CITIZEN AND FOREIGNER DEPARTMENT
FOREIGNER SECTION
Postal address
pl. Wolności 17
61-739 Poznań
LEGALISATION FOREIGNER’S RESIDENCE IN THE REPUBLIC OF POLAND
4th floor room: 416, 417
Phone no.:
61 854 16 07
fax : 61 854 18 43
OFFICE HOURS:
MONDAY 9.30 A.M. 6 P.M.
TUESDAY - FRIDAY 8.15 A.M. 3.15 P.M.
Bank account
The stamp duty can be paid in a bank or a post office to the following bank account:
Urząd Miasta Poznania
Wydział Finansowy
Oddział Pozostałych Dochodów Podatkowych i Niepodatkowych
ul. Libelta 16/20
61-706 Poznań
ING Bank Śląski S.A.
20 1050 1520 1000 0023 4950 2845
Fee for issuing a residence card ( 50 PLN) can be paid to the following bank account:
Wielkopolski Urząd Wojewódzki
Poznań, al. Niepodległości 16/18
70 1010 1469 0000 3922 3100 0000
Forms of download:
