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When can a foreigner receive 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 a maximum of 3 years. However, the period of validity of the permit may be shorter, if the basis for applying for this permit indicates the legitimacy of a shorter stay.

Attention! A temporary residence permit is not extended (the Act does not provide for such a procedure as the extension of a temporary residence permit). If a foreigner wants to stay in Poland, he must apply for a new permit.

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

Place of submitting the application

The procedure of legalization of temporary residence is carried out at the voivodship office - in the department competent for foreigners. The application for a temporary residence permit should be submitted to the voivodship office competent for the place of residence of the foreigner, e.g. if the foreigner lives in Warsaw, the application should be submitted to the Mazowieckie Voivodship Office.

Fingerprints are taken from a foreigner applying for a temporary residence permit in order to place them on the residence card.

BASIC DOCUMENTS

The basic set of documents necessary to submit an application for a temporary residence permit:

- 2 copies of the application for a temporary residence permit completed in accordance with the instruction;

- 4 recent color photographs (as required);

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

- confirmation of payment of stamp duty;

  • basic documents required for a given type of temporary residence permit (e.g. Attachment No. 1 in the case of a temporary residence and work permit).

Attention! Depending on the purpose of the foreigner's stay in Poland, additional documents must be submitted (a set of additional documents is described in the individual tabs regarding temporary residence permits).

FEE

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

In the case of a positive decision, you must pay an additional PLN 50 for issuing a residence card.

These costs can be paid at the cash desk of the voivodship office where the procedure is conducted or transferred to the account of the city office. Information on 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 whether it contains correct data, including the name and surname of the foreigner. In the event of errors, e.g. typos in the name and surname, wrong date of birth, etc., an obvious typographical 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 receipt of 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.

Attention! Filing a complaint to the administrative court does not legalize your stay. This means that a foreigner, if he does not have another valid document authorizing him to stay in Poland, should (after receiving a negative decision from the second instance authority, i.e. the Head of the Office for Foreigners) leave Poland within 30 days from the date of receipt of the decision.

Residence card

The residence card is a document which during its validity period confirms the identity of a foreigner during his/her stay in Poland. This document (together with a valid travel document, e.g. a foreign passport) entitles you to cross the Polish border multiple times without the need for a visa, as well as to enter other Schengen countries and stay on their territory for a period not exceeding 90 days in a 180-day period.

The residence card contains the following information:

Name(s) and surname of its holder and parents' names;
Date, place and country of his birth;
Permanent or temporary residence address;
Citizenship information;
Gender information;
Information about height in centimeters and eye color;
PESEL number, if assigned;
Information on the type of authorization granted;
annotation "scientist" if the temporary residence permit was issued for the purpose of conducting scientific research;
Annotation "researcher - mobility", if a temporary residence permit was issued for the purpose of long-term mobility of a researcher;
Annotation "student", if the temporary residence permit was issued for the purpose of studying;
Annotation "trainee", if the temporary residence permit was issued in order to complete the internship with the organizer approved by the minister competent for internal affairs;
Annotation "volunteer", if the temporary residence permit was issued in order to participate in the European Voluntary Service program;
Annotation "Blue EU Card", if the temporary residence permit was issued in order to perform work in a profession requiring high qualifications;

Annotation "access to the labor market" in the case of a permit granted to a foreigner who is entitled to work in Poland or is exempt from the obligation to have a work permit;
Annotation "ICT" in the case of a permit granted to a foreigner in order to perform work as part of an intra-corporate transfer;
Annotation "mobile ICT" if a temporary residence permit was issued for the purpose of long-term mobility of a managerial employee, specialist or employee undergoing an internship as part of an intra-corporate transfer;
Annotation "Previously holder of the EU Blue Card" - in the case of a long-term resident's EU residence permit granted to a foreigner who was granted a temporary residence permit in order to perform work in a profession requiring high qualifications;
Annotation "seasonal work", if the temporary residence permit was issued due to seasonal work;
fingerprints;
Name of the card issuing authority;
card issue date;
Card expiration date;
Alien photography;
Annotation "international protection granted by ... (indication of the EU Member State that granted it) on ... (date of granting international protection)" - in the case when a foreigner obtained a long-term resident's EU residence permit in Poland and at the same time was granted international protection in Poland or in another EU country.

How to obtain a residence card?

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

Temporary residence permits;
Permanent residence permits;
EU long-term resident's residence permit;
refugee status;
subsidiary protection;
Residence permit for humanitarian reasons.

Attention! In order to obtain a residence card in Poland, you must first obtain a residence permit in Poland.

Replacement or loss of the residence card

The residence card should be replaced if:

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

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

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

A foreigner who has lost his residence card should report this fact on the appropriate form within 3 days from the date of its loss (e.g. loss, theft) to the voivodship office that issued it. The form is available here->. A foreigner who reported the loss or damage of the residence card is issued a free certificate confirming this fact. This certificate may be useful in the case of a foreigner's legality check in Poland. Therefore, you should have the original or a copy of the certificate with you in case of such an inspection. A foreigner who has regained a lost residence card is obliged to notify the voivode of this fact within 3 days from the date of its recovery. If a foreigner has received another document issued in place of the lost one, he must immediately return the recovered document to the voivodship office.

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

Attention! The residence card should be collected in person at the voivodship office. In the case of a child under the age of 13, the collection is made by his parent or other legal guardian (e.g. guardian).

A new residence card should be issued within 1 month from the date of submitting the application for card replacement. If the voivodship office fails to settle the case on time, it will notify the foreigner of this fact, stating the reasons for the delay and indicating a new date for settling the case.

FEE
Stamp fees related to the issuance and replacement of the card are as follows:

- for issuing or replacing a residence card - PLN 50 (PLN 25 in the case of a reduced fee);

- for the replacement of the residence card in the event of its loss or destruction through the fault of the foreigner - PLN 100;

- in the event of another loss or destruction of the residence card at fault of the foreigner, each time - PLN 150;

  • in the case of the next culpable loss/destruction of the document, a fee of 300% of the base amount is charged.

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

Issuance of the first residence card to a foreigner who obtained in Poland:

- refugee status,
- supplementary protection,
- residence permit for humanitarian reasons;
Issuing the first residence card to a foreigner who has been granted a permanent residence permit in Poland as a member of the immediate family of the repatriate;
When the issued or exchanged document contained technical defects;
Replacement of the residence card due to Poland taking over responsibility for international protection of the holder of the residence card issued in connection with granting a long-term resident's EU residence permit with the annotation "international protection granted by ... (indication of the EU Member State that granted it);
Replacement of the residence card due to another EU Member State taking over responsibility for international protection of the holder of the residence card issued in connection with granting a long-term resident's EU residence permit.
LEGAL BASIS
Act on foreigners of 12 December 2013 (i.e. Journal of Laws of 2020, item 35).

Regulation of the Minister of the Interior on fees collected in the Republic of Poland from foreigners for the issuance and exchange of documents that may be issued to foreigners, and the procedure for their payment of 25 April 2014 (Journal of Laws of 2014, item 563).

 

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