Legalization of stay in Poland

In recent years, there has been an increased inflow of foreigners to Poland. The key issue with which people coming to Poland have to face are rules of legalization of stay. This is a complex matter that you should be familiar with if you plan to come and stay here.

Polish law divides provisions regarding the legalization of foreigners according to the their country of origin. In the first part of the article, we will discuss the rules regarding persons who are citizens of the European Union (EU), the European Economic Area (EEA) and Switzerland as well as members of their families. Secondly we will familiarize you with regulations regarding citizens of other countries which we are going to describe as third-countries.

EU, EEA, SWISS CITIZENS

Entrance on the territory of Poland

Citizens of the EU, the EEA and Switzerland as well as their family members (if they are EU, EEA and Swiss citizens) can enter the territory of the Poland without having a visa or other entry document. Of course, they must have a document that indicate their identity and citizenship. If their family members are not citizens of those countries should have an appropriate visa, unless they are provided with appropriate exemptions.

STAY UP TO 3 MONTHS

Aforementioned foreigners may stay in Poland up to three months without any additional requirements. The exception is the situation when these people are looking for a job and have crossed the border for that purpose. If they prove that they are actively seeking employment in Poland, the period of stay without additional requirements increases to 6 months.

STAY ABOVE 3 MONTHS

If the stay exceeds 3 months (or 6 for jobseekers) EU, EEA and Swiss citizens should register their stay in the Voivodship Office appropriate for the given location. The application is free and you must provide a document confirming the registration or rental agreement with the application form. Issuing of registration certificate should not take longer than 2 months. In the case of members of their families from different countries there is a requirement to obtain a residence card, for which the Office has 6 months to issue.

PERMANENT STAY

If the temporary stay lasts continuously for 5 years, the person acquires permanent residence rights. During this time breaks cannot exceed a total of 6 months. The same rights are acquired by family members of that person. An important matter is the application for a certificate of permanent residence for EU, EEA and Swiss citizens. Also in this case you should go to the Voivodship Office and submit an application when the residence card is still valid. The application should be accompanied by documents confirming uninterrupted stay on the territory of Poland for the last 5 years, such as a certificate of registration.

CITIZENS OF OTHER STATES (THIRD COUNTRIES)

If you are a citizen of countries outside of EU, EEA or Switzerland you are subject to other regulations. The right to enter the territory of Poland gives you a visa or a residence card. On the website of the Ministry of Foreign Affairs there is a list of countries whose citizens do not need to have a visa to enter the territory of Poland. This exemption gives the possibility of entry for tourist purposes for a period not longer than 90 days.

VISAS

There are different types of visas issued by consulates appropriate for the type of area or type of visa.

Domestic visa (type D) – authorizes to enter and stay on the territory of Poland over 90 days, however, not longer than 1 year.

Schengen Visa (type C) – authorizes you to enter and stay in the territory of the Schengen area for more than 90 days, but not longer than 1 year.

Visas are issued for the purpose of registration and conduct of business, work, tourism, treatment or stay with family members. Please note that the visa application should be submitted to the relevant consulate for 3 months before the journey no later than 14 days before entering the country.

PERMIT FOR A TEMPORARY RESIDENCE

After the expiry of the period indicated in the visa or with its expiry, a citizen of a country other than the EU, EEA and Switzerland may apply for a temporary residence permit. The application for issuing the permit and thus obtaining a residence card can be submitted in the Voivodship Office appropriate for the given location. Even before applying for a residence card, you can obtain a PESEL number, which as an identification number will allow you to set up an account in a bank or apply for a loan.

Having a residence card gives you the opportunity to freely cross the Polish border without having to have a visa.

The Act on Foreigners indicates which premises for residence in Poland for a period of more than 3 months allow you to obtain a residence card. These are among others:

1. performing work on the territory of Poland on the basis of an agreement with an employer having its seat in Poland – the application may then be found (depending on the circumstances) temporary residence and work permit or permit temporary stay in order to perform work in a high demanding job qualifications, or

2. carrying out work within the territory of Poland as part of an intra-corporate transfer or a group of enterprises (from outside the EU, EFTA and Switzerland) as a manager, specialist or internship worker – a temporary residence permit will be proper for work in within the framework of an intra-corporate transfer;

3. work on the territory of Poland within the so-called Long-term mobility as part of an intra-corporate or group-based transfer as a manager, specialist or employee internship, if the foreigner has a valid residence permit, referred to in art. 1 point 2 lit. and Council Regulation (EC) No. 1030/2002 of 13 June 2002 establishing a uniform format for residence permits for citizens of countries, with the annotation “ICT”, issued by another EU Member State with the power of Directive 2014/66 / EU of the European Parliament and of the Council of 15 May 2014 about entry and stay of third-country citizens in the framework of intra-corporate transfers (this does not apply to residence permits issued by Great Britain, Ireland and Denmark) – it will be usage of temporary residence permit for the benefit of long-term mobility;

4. performing work within the territory of Poland as part of the posting and the foreigner has a work permit – the application may then be found, inter alia, special, separate type of permit – temporary residence permit for the purpose of performing work by a foreigner delegated by a foreign employer in the territory Poland), or

5. running a business based on regulations in force in respective area on the territory of Poland – in that situation applies a temporary residence permit to conduct a business, or
6. the purpose of stay on the territory of Poland is to study first-cycle studies, second-cycle or third-cycle studies degree – a temporary residence permit is applied in order to be educated on studies, or

7. conducting scientific research or development works on the basis of an research agreement in order to carry out a research project concluded with a scientific unit referred to in art. 2 point 9 of the Act of April 30, 2010 on the regulations regarding financing science, approved for this purpose by the minister competent for science on the basis of a decision – the authorization applies temporary residence for the purpose of conducting scientific research, or

8. connection with family or staying with family – the temporary residence permit applies to family members of citizens of Poland and family members of foreigners.

9. performing seasonal work based on a seasonal work permit – a temporary residence permit can be applied due to seasonal work.

A citizen of the third country may also apply for issuing a temporary residence permit which:

1. undertaking or continuing education or work training, or
2. seeking work in Poland as a graduate of the Polish university, or
3. as priest, member of the order or a person who has a religious function in the church or a religious association whose status is regulated by an international agreement, provisions of the law in force in Poland or which operates on the basis on the register of churches and other religious associations, and if his stay in the territory pf Poland is associated with the function or preparation for its performance.

PERMIT FOR A PERMANENT RESIDENCE

A third-country citizen may be granted a permanent residence permit if he fulfills one of the following conditions:

1. is a child of a foreigner who has been granted a permanent residence permit or long-term resident’s EU residence permit under his authority parental:
   1. born after granting this foreigner a permanent residence permit or long-term resident’s EU residence permit or
   2. born during the period of validity of the temporary residence permit granted to the foreigner or during the stay of the foreigner on the territory of of Poland on the basis of a consent to stay for humanitarian reasons or consent to tolerated either in connection with the granting of refugee status or granting a refugee status subsidiary protection, or
2. is a child of a Polish citizen remaining under his parental care, or
3. is a person of Polish descent and intends to settle on the territory of Poland permanently, or
4. remains in the marriage of a Polish citizen recognized by the law of Poland and he remained in this relationship for at least 3 years before the day he filed application for granting him a permanent residence permit, and immediately before submitting of this application has been continuously in the territory of Poland for a period not shorter than 2 years on the basis of a temporary residence permit granted in connection with being married to a Polish citizen or in connection with obtaining refugee status, subsidiary protection or residence permit for reasons humanitarian, or
5. remains in the marriage of a Polish citizen recognized by the law of Poland and he remained in this relationship for at least 3 years before the day he filed application for granting him a permanent residence permit, and immediately before submitting of this application has been continuously in the territory of Poland for a period not shorter than 2 years on the basis of a temporary residence permit granted in connection with being married to a Polish citizen or in connection with obtaining refugee status, subsidiary protection or residence permit for reasons humanitarian, or
6. is a victim of human trafficking within the meaning of art. 115 § 22 of the Penal Code and occur additional premises referred to in art. 195 par. 1 point 5a-c of the Act on foreigners.
7. immediately before applying for a permanent residence permit he was continuously in the territory of the Poland for a shorter period than 5 years on the basis of refugee status, subsidiary protection or residence permit from humanitarian reasons, or
8. immediately before applying for a permanent residence permit he was continuously in the territory of the Republic of Poland for a shorter period than 10 years on the basis of a tolerated stay permit granted on the basis of art. 351 points 1 or 3 of the Act about foreigners, or
9. he was granted asylum on the territory of Poland, or
10. has a valid Polish Card and intends to settle in the territory of Poland permanently.

PERMIT FOR RESIDENCE OF THE EU LONG-TERM RESIDENT

A citizen of a third-country can obtain an UE long-term residence if the stay of that person in the territory of Poland, before submitting application, lasts uninterruptedly and legally for at least 5 years and

1. person has a stable and regular source of income sufficient to cover the cost of living him and his family members who are dependent on him;
2. has health insurance in the meaning of the provisions on general insurance or proof of coverage by the insurer of the costs of treatment the territory of Poland;
3. has the knowledge of the Polish language confirmed by the appropriate document.

A stay in the territory of Poland is considered to be uninterrupted when it did not have a break longer than 6 months and when in total it did not exceed 10 months.

REGISTRATION OF STAY OBLIGATION

All foreigners staying in Poland and members of their families must register at the place of temporary stay if it is to stay for more than 14 days at the latest on the 4th day, counting from the day of arrival in Poland. Registration refers to the place of residence or temporary residence. If the planned stay is to be longer than 3 months, registration must be made no later than 30 days after arrival. Applying for temporary or permanent residence is carried out in person or through a proxy at the City Hall (Urząd Gminy). To check in, you must have:

1. passport, another travel document confirming the identity
2. the basis for a legal stay on the territory of Poland, i.e. a visa, a decision on granting a temporary residence permit, permanent residence permit, residence card
3. a document confirming the legal title to the apartment of the owner or another entity with a legal title to the flat, such as a tenancy agreement or a copy of the Land and Mortgage Register. The issuance of a registration certificate costs PLN 17.

Above provisions are general information. The exact and current guidelines can be found on the website of the Office for Foreigners and in the Act of 12 December 2013 on foreigners.

In addition, we described the issue of banking documents and regulations in the following articles:

Mortgage in Poland for an EU citizens

Mortgage in Poland for a non-Eu citizens

We will help you prepare to legalize your stay in Poland and prepare you for procedures related to opening an account in a Polish bank as well as obtaining a loan or mortgage. Remember that every case can be different. We will asses your situation and opportunities after collection of required information from you.