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INSTRUCTION

Instruction for foreigners

GENERAL ISSUES

Applications on matters concerning the legalisation of foreigners' stay on Polish territory shall be drawn up in Polish. The application for issuing visa by a consul may be filed in a foreign language indicated by the consul.

Documents in a foreign language, serving as evidence in proceedings under the Act of 13 June 2003 on foreigners (Dz. U. of 2006, No. 234, item 1694, as amended) should be submitted along with translation into Polish by a sworn translator.

Handling a matter requiring explanatory proceedings should take place no longer than one month, and particularly complicated matters should take no longer than two months from the date of starting the proceedings, and as regards the appeal procedure - no longer than one month from the date of receipt of the appeal.

Handling a matter concerning the granting of permit to settle or residence permit for EC long-term resident should be completed no later than within 3 months of initiation of proceedings, and in appeal proceedings - within 2 months of receipt of the appeal.

Each case not handled in that period, is notified by the body of the first or second instance to the interested party, giving reasons for the delay and indicating the new deadline.

All letters (notifications, calls, decisions, provisions, etc.) are delivered upon receipt by mail, or by the officials of the authority of first or second instance.

Letters are delivered to the indicated address of the interested party, or to a proxy if one has been established.

When establishing more than one representative, the interested party should designate one of them as responsible for deliveries and notify this to the authority conducting the proceedings.

Letters will be delivered at the indicated address of the interested party or in any place where interested party can be found. Letters can also be delivered in workplace of interested party to a person authorized by the employer to receive correspondence.

In the absence of the addressee, a letter is delivered against receipt, to an adult member of the household, a neighbour, or caretaker, if they have undertaken to give the letter to the addressee. The delivery of a letter to a neighbour or caretaker shall be notified to the recipient by placing a notice in a mailbox or if it is not possible, at the door of the apartment.

In the event of failure of delivery of a letter in a manner indicated above:

1) post office keeps the letter for 14 days - when letter is delivered by post,

2) letter is placed for 14 days at the office of relevant gmina (town) - in the case of delivering the letter by an employee of gmina office (town) or an authorized person or body.

Notice of leaving a letter with information about the possibility of receiving it within 7 days from the date of leaving the notice is to be placed in a mailbox or when it is not possible, on the door of the recipient's apartment, his office or other premises where the addressee performs his professional activities, or in a prominent place at the entrance to the property of the recipient.

In case of not receiving the above-mentioned consignment within this period, another notification is sent with the possibility of receiving consignment within the period not longer than 14 days from the date of first notification.

Delivery shall be deemed made at the end of the last day of that period, and the letter is kept in case files.

Receipt of the letter shall be confirmed by a signature indicating the date of delivery. If the interested party avoids the confirmation of delivery, delivering person himself confirms the date of delivery and indicates the person who received the letter and the reason for the lack of signature.

If the interested party refuses to accept the letter sent by mail or otherwise, the letter will be returned to the sender with a note of the refusal and the date of refusal. In this case, it is considered that the letter was delivered on the day of refusal to accept it by the addressee.

Any change of residence must be notified to the authority before which the proceedings are pending. During the proceedings, letters are always sent to the last address for delivery indicated to the authorities.

In case of going abroad, the interested party has a duty to appoint a representative for matters concerning delivery in the country and to notify this to the authority conducting the proceedings. In the event of failure to comply with this obligation, the letter shall be deemed delivered at the previous address.

Negligence to notify change of address may have serious consequences, such as

applications left with no further action taken,
the decision of the competent authority may become non-appealable if, because of failure to notify change of address, the interested party does not meet deadline to appeal against a decision of first instance or to bring an action against the decision of the authority of second instance to the Administrative Court.

A fee must be paid for the acceptance and consideration by the consul of a visa application. Consular fee must be paid before submitting the application for a visa. This fee is not refundable in case of visa refusal.

A stamp duty is collected for issuing a residence permit by the authority conducting the proceedings.

The obligation to pay stamp duty arises at the time of submitting an application for any of the residence permits on the territory of the Republic of Poland. Stamp duty shall be paid into the account specified by the authority conducting the proceedings.

If the decision to refuse residence permit is made, the interested party can request for reimbursement of stamp duty. Stamp duty is not refundable after five years from the end of the year in which the payment was made.

A stamp duty of EUR 30 is collected for the extension of Schengen visa (conversion from EUR to PLN is made at the average exchange rate announced by the Polish National Bank for this currency on the last working day preceding the date of application for extension of visa), and for extension of national visa the stamp duty is PLN 406.

A stamp duty of PLN 340 is collected for the residence permit for a specified period of time, and a stamp duty of PLN 640 is collected for the permit to settle and the residence permit for EC long-term resident.

A stamp duty of PLN 17 is collected for the document confirming granting the power of attorney.

If one does not pay the fee along with submitting the application, the authority conducting the proceedings shall appoint the deadline to pay the fee. This deadline may not be less than 7 days and more than 14 days. If within the prescribed period the fee is not paid, the application is returned.

The authority of first and second instance can call the interested party to appear in person in order to clarify the relevant facts necessary to make a decision.

One should pay special attention to instructions annexed to each decision on the means of appeal, including the deadlines. Only before the deadlines one may appeal against the decision of first instance, or file a complaint with the Administrative Court against the decision of the authority of second instance.

Personal data may be communicated to the competent authorities in other EU Member States in accordance with the relevant applicable law.

When applying for a permit one should present a valid travel document. In particularly justified cases, when one does not have a valid travel document and it is not possible to obtain it, one can present another proof of identification.

A foreigner may cross the border and stay on Polish territory if he has:

1) a valid travel document;

2) a valid visa or other valid document entitling him to enter and stay in that territory, if required;

3) permission to enter another country or a residence permit in another country, if such permits are required for transit.

A foreigner may travel and reside in the Schengen states (including the Polish territory) without a visa for a period not exceeding 3 months during the period of six months under the permit issued by one Schengen country, provided it meets the general conditions of entry and stay on the territory of the Schengen area, i.e. he has a valid travel document, can justify the purpose and conditions of the intended stay and has sufficient resources or the ability to obtain them legally, and he is not considered a threat to public order, internal security, public health or international relations of any of the Member States, in particular, there was no entry made against him on this basis in the national databases of Member States for the purposes of refusing entry.

VISAS

The application for a visa must be submitted to the consul. Visas are issued as national visas and Schengen visas.

Schengen visa marked "C" is issued by a Schengen State for transit through Schengen countries or for intended stay in Schengen States not exceeding three months in any six-month period from the date of first entry into Schengen States.

A national visa marked "D" allows for entry and continuous residence in the Polish territory or several consecutive stays, lasting more than 3 months in total. The period of validity of the national visa cannot exceed 1 year.

Application for Schengen visa must be submitted no earlier than three months before the planned visit. An applicant may be required to make an appointment in order to submit the application. In justified urgent cases, the consul may allow the applicant to submit application without an appointment or the meeting takes place immediately.

A foreigner applying for a Schengen visa:

a) submits an application form;

b) presents a travel document;

c) provides a photograph;

d) where applicable, allows fingerprinting;

e) pays the visa fee;

f) provides supporting documents confirming the purpose and conditions of entry;

g) where applicable, submits evidence of adequate and valid travel medical insurance of at least EUR 30,000

A foreigner applying for a Schengen visa presents a travel document that meets the following criteria:

validity of the travel document expires no earlier than 3 months before the expiry of the requested visa;
contains at least two blank pages;
was issued in the last 10 years.

When applying for a Schengen visa, the foreigner also presents:

a) documents, which indicate the purpose of travel;

b) documents relating to accommodation or proof of sufficient funds to cover accommodation costs;

c) documents confirming that the person applying for a visa have sufficient funds to cover costs of living for the entire period of intended stay and cover the costs of returning to the country of origin or residence, or to cover the cost of transit to a third country that will surely allow him to enter it, or evidence that it may acquire such means lawfully, in accordance with Article 5(1) (c) and Article 5(3) of the Schengen Borders Code;

d) information to assess whether the applicant intends to leave the territory of Schengen states.

A person applying for a Schengen visa pays the visa fee of EUR 60. Children from six to 12 years old pay a visa fee of EUR 35.

The following categories of persons are exempted from the visa fee:

children under 6 years of age;
pupils, students, graduate students and accompanying teachers who undertake trips for the purpose of study or training;
researchers from third countries travelling for the purpose of carrying out scientific research as defined in Recommendation of the European Parliament and of the Council of 28 September 2005 to facilitate the issue by the Member States of uniform short-stay visas for researchers from third countries travelling within the Community for the purpose of carrying out scientific research (1);
representatives of non-profit organizations under the age of 25, participating in seminars, conferences, sports, cultural and educational events organized by non-profit organizations.

Decisions on Schengen visa refusal is issued if:

1) the person applying for a visa:

presents a false, counterfeit or forged travel document;
does not provide justification for the purpose and conditions of the intended stay;
does not provide proof of sufficient funds appropriate to the planned length of stay and the funds allowing the return to the country of origin or residence or transit to a third country which will give the applicant permission to enter, or he is not able to legally obtain such funds;
in the current six-month period has already stayed for three months in the territory of the Member States on the basis of a uniform visa or a visa with limited territorial validity;
is a person for whom an entry was made in the SIS requiring refusal of entry;
is considered a person whose presence is a threat to public order, internal security, public health under Article 2 point 19 of the Schengen Borders Code or to international relations of any Member State, especially if a file was made on that person in the national databases of the Member States which requires refusal of entry, or
where applicable - does not provide proof of adequate and valid travel medical insurance;

2) there are serious doubts as regards the authenticity or accuracy of supporting documents submitted by the person applying for a visa, the credibility of statements made by the person applying for a visa or his intention to leave the territory of the Member States, before the expiry of the requested visa.

Procedure for submitting applications for national visas

A foreigner applying for a national visa submits an application form, which includes:

1) foreigner's personal details and details of children and other persons included in the application and listed in the travel document of the foreigner, to the extent necessary to issue a visa;

2) characteristics of travel document;

3) information about the travels and stays abroad in the last 5 years;

4) indication and justification for the stay.

2. The application shall be accompanied by photographs of persons covered by the application and documents confirming:

1) circumstances specified in the application;

2) health insurance within the meaning of the provisions on health care services financed from public funds or coverage by the insurer of treatment costs on Polish territory for a period of intended stay in that territory - in the case of an application for a national visa.

A foreigner shall be refused a national visa, if:

1) his data are on the list of foreigners whose stay in the territory of the Republic of Poland is undesirable;
2) his data is in the Schengen Information System for the purposes of refusing entry;
3) he does not have sufficient means of subsistence for the duration of intended stay in the territory of the Republic of Poland;
4)he does not have health insurance within the meaning of the provisions on health care services financed from public funds or confirmation of coverage by the insurer of treatment costs on Polish territory for a period of intended stay in that territory.
5) his further stay would pose a threat to national defence or national security or the protection of public safety and order or violate the interests of the Republic of Poland;
6) validity of the travel document expires earlier than 3 months before the expiry of the requested visa;

7) in the proceedings for issuing a visa:

a) he filed an application or attached the documents containing false personal data or false information,

b) he testified untruthfully or has concealed the truth or forged or transformed a document to use it as authentic, or used such document as authentic;

8) he did not justify the purpose or conditions of intended stay.

If data on a foreigner can be found in the Schengen Information System for the purposes of refusing entry, a national visa can be issued only if there are serious reasons to do so, particularly humanitarian reasons or because of international obligations, taking into account the interests of the State, which made the entry in the Schengen Information System.

Work visas

Schengen visa or a national visa may be issued for:

work in a period not exceeding 6 months within the next 12 months, based on the statement of intent to entrust work, registered in the poviat labour office;
work as a driver for international road transport;
work on the basis of documents other than the above statement or work other than driver.

Work visas allow for stay on Polish territory and work, subject to obtaining a work permit, if required.

National visa to carry out work shall be issued or refused by the consul competent with respect to the State of residence of the foreigner.

Schengen visa or a national visa for work can be issued to a foreigner who submits a work permit for Polish territory, or a written statement by the employer of his intention to entrust work to a foreigner, if work permit is not required.

Schengen visa or a national visa for work are issued for the residence period, which corresponds to the period indicated in the permit or a statement, not longer than provided for this type of visa, and in case of a work visa for a period not exceeding 6 months within the next 12 months, on the basis of a statement of intention to entrust work, the period of residence for which the visa is issued cannot be longer than 6 months in a period of 12 months commencing from the date of first entry of a foreigner on the territory of the Republic of Poland.

Residence visa for work is issued for the residence period, which corresponds to the period indicated in the work permit or the employer's statement, but not longer than one year.

A foreigner who intends to work on Polish territory for the specified time depending on the seasons, a work visa is issued for the residence period, which corresponds to the period indicated in the work permit or the employer's written statement of his intention to entrust work to a foreigner, if the work permit is not required, but not longer than 6 months within 12 months from the date of first entry.

Stay on Polish territory without the required visa, residence permit for a fixed period of time or a permit to settle or a residence permit for EC long-term resident, and working or undertaking business activities in violation of the provisions puts the foreigner at risk of expulsion from the territory of the Republic of Poland and prohibition of re-entering Polish territory for a period of 3 to 5 years. Data of a foreigner against whom the decision to expel from the Polish territory was taken shall be also transmitted to the Schengen Information System (SIS) for the purpose of refusing entry to the entire territory of the Schengen states in the above period of time.

From 5 April 2010, in accordance with the Regulation of the European Parliament and of the Council of 25 March 2010 amending the Convention Implementing the Schengen Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a long-stay visa (OJ L 85, 31.03.2010. p. 1), the holders of national visas marked D, will be able to move through the territory of the Schengen countries for three months in any half-year period if they meet the other conditions for entry into the Schengen States, i.e.:

they have a valid travel document
they will justify the purpose and conditions of the intended stay and have sufficient means of subsistence, both during the intended stay and for the return to their country of residence or transit to a third country to which a person is guaranteed to enter, or are able to legally acquire such means;
their data are not included in the Schengen Information System for the purposes of refusing entry;
they are not considered persons, which may undermine public order, security or international relations of one of the Contracting Parties.

Visa extension

A foreigner who wishes to extend his stay under the Schengen visa or the national visa is required to apply for a visa extension at least 3 days before the expiry of the period of stay identified in the visa.

The authority competent to extend the Schengen visa or the national visa is a voivode competent for the place of residence of the foreigner.

In cases where the foreigner has shown that due to force majeure or for humanitarian reasons it is not possible for him to leave the territory of the Member States before the expiry of a visa or before the end of the authorized period of stay, or if the foreigner stays in a hospital, the application may be submitted on the last day of the period of stay identified in the Schengen visa or the national visa.

A foreigner applying for an extension of the Schengen visa or the national visa submits the following documents:

1) completed application form, which includes:

a) foreigner's personal data, to the extent necessary to extend the Schengen visa or the national visa,

b) characteristics of travel document,

c) information about the travels and stays abroad in the last 5 years,

d) indication of the purpose of stay and grounds for extending the Schengen visa or the national visa,

2) current photograph;

3) documents confirming:

a) purpose of the stay and the need to extend a Schengen visa or a national visa,

b) health insurance within the meaning of the provisions on health care services financed from public funds or a travel medical insurance with a minimum amount of insurance of EUR 30,000, valid for a period of intended stay of the foreigner on Polish territory, covering any expenses that may arise during his stay at this territory in connection with the need to return for medical reasons, the need of urgent medical attention, emergency hospital treatment or in the event of death, in which the insurer undertakes to cover the cost of health services provided to the insured, directly to the entity providing such benefits on the basis of the bill issued by that entity - in case of the extension of a national visa.

c) travel medical insurance, referred to in Article 15 of the Community Code on Visas - for the extension of Schengen visa,

d) other circumstances specified in the application.

A foreigner applying for extension of the Schengen visa or the national visa provides for inspection a travel document which meets the following criteria:

1) validity of the travel document expires no earlier than 3 months before the expiry of the requested visa;

2) contains at least two blank pages;

3) was issued in the last 10 years.

The period of stay on Polish territory on the basis of the extended visa shall not exceed the maximum period of stay provided for a given type of visa, (3 months for the Schengen visa or 1 year of the national visa).

An application for renewal of the Schengen visa or the national visa submitted after the deadline shall not be examined.

Foreigner who has applied for an extension of visa before the above-mentioned deadline is given a stamp in a travel document by a voivode, which confirms the submission of the application for extension of the Schengen visa or the national visa. If the deadline for submission of the application has been preserved and the application does not contain any formal defects or defects have been completed on time, the stay of a foreigner on Polish territory is considered legitimate from the date of submitting the application until a final decision on the extension of the Schengen visa or the national visa is given.

Settlement regarding the extension of the Schengen visa or the national visa is made by means of a decision.

Rules for extension of national visas

A foreigner residing on Polish territory can extend the validity of the national visa or the stay covered by this visa, if he meets all of the following conditions:

1) it is supported by a vital personal or professional interest of the foreigner, or humanitarian considerations, preventing him from leaving the territory before the expiry of the national visa or before the end of the authorized period of stay;

2) events that are the cause of applying for a national visa extension, occurred independently of the will of the foreigner and were not foreseeable at the date of applying for a national visa;

3) circumstances indicate that the purpose of stay of the foreigner on the territory of the Republic of Poland will be different than the declared one;

4) there are no circumstances by reason of which a national visa is denied to the foreigner.

National visa may be extended once.

A foreigner staying in a hospital, whose health status precludes the possibility of leaving Polish territory, is given an extension of the validity of a national visa or the stay covered by the visa to the date on which his health will allow him to leave this territory.

rules of extending Schengen visa

A foreigner residing on Polish territory can extend the validity of the visa or length of stay covered by that visa, if he showed that due to force majeure or for humanitarian reasons it is not possible for him to leave the territory of Member States before the expiry of visa or the authorized period of stay.

The above visa extension is free.

A foreigner residing on Polish territory can be granted extension of the validity of the visa or length of stay covered by the visa, if he submits a proof of serious personal reasons justifying the extension or the validity period or the length of stay.

A fee of EUR 30 is collected for the above mentioned extension.

RESIDENCE PERMIT FOR A SPECIFIED PERIOD OF TIME

A residence permit for a specified period of time may be applied for if the circumstances justify the residence on the territory of the Republic of Poland for a period longer than 3 months. According to Article 53(1) of the Act on foreigners, these circumstances are:

1) obtaining a promise or extension of a promise for work permit or the employer's written statement of his intention to entrust work to a foreigner, if work permit is not required,

2) conducting business activity according to provisions in this field in the Republic of Poland, which is beneficial to the national economy, and in particular, which contributes to the growth in investments, technology transfer, innovations or creating new jobs,

3) continuation of work on Polish territory by a foreigner with recognized artistic achievements,

4) participation in training and professional internships programmes implemented within the European Union,

5) intention of family members to live together with a migrant worker, referred to in the European Social Charter signed at Turin on 18 October 1961 (OJ L of 1999 No 8, item 67),

6) marriage with a Polish citizen,

7) arrival, as a family member of a foreigner referred to in Article 54 of the Act of 13 June 2003 on foreigners, on the Polish territory or staying on that territory in order to reunite with the family,

8) stay on Polish territory of a minor child of a foreigner, born in this territory and remaining unattended;

9) stay of spouse or adult child of a foreigner referred to in Article 54 of the Act on foreigners on Polish territory for at least 5 years under residence permits for a specified period of time granted in connection with the circumstances referred in point 7;

10) stay on Polish territory on the basis of residence permit for a fixed period of time granted in connection with the circumstances referred to in point 7, in the event of widowhood, divorce, separation or death of the ascendant or descendant of the first degree, when it is supported by a particularly important interest of the foreigner;

11) stay on Polish territory on the basis of residence permit for a fixed period of time granted in connection with the circumstances referred to in point 6, in the event of widowhood or divorce, when it is supported by a particularly important interest of the foreigner;

12) being a minor child of a foreigner, with a residence permit for a fixed period of time, born on the Polish territory;

13) holding a residence permit for EC long-term resident, granted by other Member State of the European Union, and intending to work or conduct business activity under the laws in force in this field in the Republic of Poland, taking up or continuing studies or professional training or demonstrating that there are other circumstances that justify residence on the Polish territory;

14) accompanying or intention to join as a family member with a foreigner, referred to in point 13, with whom the family member resided in the territory of another Member State of the European Union;

15) being trafficked within the meaning of Council Framework Decision of 19 July 2002 on combating trafficking in human beings, if the foreigner:

a) resides within the territory of the Republic of Poland,

b) has commenced co-operation with the authority competent to conduct proceedings on combating trafficking in human beings,

c) severed contacts with persons suspected of committing criminal offenses related to trafficking;

16) arriving or residing within the territory of the Republic of Poland in order to take up or continue full-time studies or full-time doctoral studies in that territory, hereinafter referred to as "studies", including in case of taking up studies in another EU Member State and intending to continue or supplement studies in the territory of the Republic of Poland;

17) being a scientist coming or staying on the Polish territory in order to carry out scientific research under a hosting agreement for a research project, concluded with scientific institution approved by the minister responsible for science;

18) holding a residence permit referred to in Article 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 L 157, 15.6.2002, p. 1-7) with the notation "scientist", issued by another EU Member State, if the contract of admittance for a research project, concluded with a proper research institution of that State, provides for the research on Polish territory;

19) having the work permit for the territory of the Republic of Poland under the terms defined in legal acts issued by authorities designated under the Agreement establishing an Association between the European Economic Community and Turkey, signed in Ankara on 12 September 1963 (OJ L 217, 29.12 .1964, p. 3687).

Moreover, under Article 53a(1) of the Act on foreigners, residence permits for a specified period of time can be granted to a foreigner who:

1) intends to take or continue on Polish territory:

a) studies or

b) vocational training;

2) because of family bonds, intends to join a Polish citizen or national of EU Member State, Member State of the European Free Trade Association (EFTA) - party to the agreement on the European Economic Area or the Swiss Confederation, residing on Polish territory, or intends to stay with him;

3) is a cleric, a member of religious order or a person performing a religious function in churches and religious associations, whose status is regulated by international agreement, the laws on relations between the state and the church or other religious organization or who operates on the basis of entry to the register of churches and other religious associations, and whose residence on Polish territory is related to the performed function, or preparation for its performance;

4) demonstrates that there are circumstances other than those referred to in points 1 - 3, or Article 53(1) of the Act on foreigners.

A residence permit for a specified period of time may be granted if the above circumstances justify the residence on the territory of the Republic of Poland for a period longer than 3 months.

A foreigner applying for a residence permit for a fixed period of time, referred to in Article 53(1) points 1, 2, 7, 9, 13, 14, 16-18 and in Article 53a(1), is required to have:

1) health insurance coverage within the meaning of provisions on health care services financed from public funds, or confirmation by the insurer of covering treatment costs in the Republic of Poland, and

2) stable and regular source of income sufficient to cover costs of living of a foreigner and dependent family members, in cases referred to in Article 53(1) points 1, 2, 7, 9, 13 and 14 and in Article 53a(1) point 1 (b) and points 2 and 4;

3) sufficient funds to cover costs of living and return in the cases referred to in Article 53(1) points 16-18 and Article 53a(1) point 1 (a).

The condition, referred to in the above point 2, is satisfied even if the costs of living for a foreigner are covered by a family member required to maintain him, which resides in the territory of the Republic of Poland.

These requirements do not apply to spouses of Polish citizens, minor child of a foreigner with a residence permit for a fixed period of time, born on Polish territory, foreigners involved in training and vocational programs, implemented under the European Union programmes and to victims of human trafficking.

A foreigner referred to in Article 53(1) point 16 of the Act on foreigners, shall also demonstrate that he has secured sufficient funds to cover the costs of study.

The family member of the foreigner shall be:

1) a person married to him in marriage recognized by Polish law;

2) young child of a foreigner and a person married to him in marriage recognized by Polish law, including an adopted child;

3) young child of a foreigner, including an adopted child, dependent on him, over which the foreigner has parental custody;

4) minor child of a foreigner referred to in point 1, including an adopted child, dependent on him, over which the foreigner exercises actual parental custody.

a family member of a minor foreigner, who has a refugee status, residing in the territory of the Republic of Poland without custody, is also a direct ascendant.

In accordance with Article 54 of the Act on foreigners, a residence permit for a specified period of time for the purpose of family reunion shall be granted to a family member of a foreigner residing in the territory of the Republic of Poland:

1) on the basis of a permit to settle;

2) on the basis of a residence permit for EC long-term resident;

3) who has a refugee status;

3a) in connection with the granting of subsidiary protection;

4) at least 2 years on the basis of residence permits for a specified period of time, including immediately before the submission of an application for a residence permit for a specified period of time for a family member - on the basis of permit issued for the period of stay not shorter than one year;

5) on the basis of residence permit for a specified period of time referred to in Article 53(1) points 17 and 18 of the Act on foreigners.

Moreover, under Article 53a(2) of the Act on foreigners, residence permits for a specified period of time can be granted to a foreigner who resides on Polish territory illegally, if:

1) Polish law requires the foreigner's personal appearance before the Polish public authority;

2) unique personal situation requires the presence of a foreigner on the territory of the Republic of Poland;

3) it is required by the interest of the Republic Of Poland;

4) authority competent to conduct proceedings on combating trafficking in human beings states that the foreigner is probably a victim of human trafficking within the meaning of the Council Framework Decision of 19 July 2002 on combating trafficking in human beings (OJ L 203 of 08.01.2002, p. 1; Special edition in Polish, Chapter 19 volume 6, p. 52).

The above permit is granted for a period not longer than 3 months. If one is staying abroad, the application for a residence permit for a specified period of time must be submitted through a consul. If one is staying in Poland, the application should be submitted to the voivode competent for the place of residence.

When applying for a residence permit for a specified period of time, one must submit:

1) completed application form for granting a residence permit for a specified period of time,

2) 4 recent photographs - undamaged, in colour, measuring 35 x 45 mm, made in the past 6 months on a plain bright background, with good focus and clearly showing the eyes and face from the top of the head to the top of the shoulders, so that face occupies 70 -80% of a photograph; photographs are to show the person without headgear and dark glasses, looking straight ahead with eyes open, not covered by hair, with natural expression and closed mouth,

3) documents necessary to confirm the data contained in the application and circumstances justifying application for a residence permit for a specified period of time;

4) proof of payment of stamp duty.

A foreigner applying for a residence permit for a specified period of time, because of the promise of obtaining a permit to work, conduct business, reunite with the family, and because of the 5-year stay on Polish territory as a member of the foreigner's family, as well as in connection with the possession of a residence permit for EC long-term resident in another EU Member State and the accompanying or the intention to join as a family member with the foreigner with a residence permit for EC long-term resident in another EU Member State, as well a foreigner referred to in Article 53a points 1, 2 and 4 of the Act on foreigners, is obliged to attach to the application also the legal title to the occupied apartment in which he resides or intends to reside.

The legal title to the occupied apartment in which the foreigner resides or intends to reside, shall not be the property lending agreement, unless the lender is his descendant, ascendant or spouse, parents of the spouse or sibling of the foreigner.

A foreigner applying for a residence permit for specified period of time, under Article 53(1) points 17 and 18 of the Act on foreigners, i.e. the "scientist", is obliged to provide additionally the hosting agreement for a research project concluded with scientific institution and a written commitment of the research institution to bear the costs of residence and expulsion of the foreigner, covered by public funds, within 6 months from the date of expiry of the agreement, if the basis for his deportation is illegal stay on Polish territory.

The application shall be accompanied by the consent of persons who exercise parental authority over a minor foreigner applying for a residence permit for a specified period of time.

A foreigner referred to in Article 53(1) point 16 of the Act on foreigners, is obliged to confirm his intention to start or continue studies in the territory of the Republic of Poland by presenting a certificate of acceptance for studies, issued by a unit which conducts studies and provide proof of payment of fees, if required by the unit to begin or continue studies.

Application for a residence permit for a specified period of time cannot be submitted by a foreigner:

staying within the territory of the Republic of Poland on the basis of the Schengen visa, authorizing only for entry and stay within the territory of the Republic of Poland for the purpose referred to in Article 26(1) point 26, or a residence permit for a specified period of time, referred to in Article 53a(2), unless a foreigner applies for a residence permit for a fixed period of time under Article 53(1) point 15 of the Act on foreigners;
detained, placed in a guarded facility, arrest for the purpose of expulsion, against whom a preventive measure was applied in the form of the prohibition to leave the country, or deprived of liberty by the execution of judgments pursuant to law;
holding the permit for tolerated stay.

If such application is submitted it is left unexamined.

Residence permit for a specified period of time is granted each time for a period needed to achieve the purpose of the foreigner's stay on Polish territory, but not more than 2 years. If the circumstance for applying for a residence permit for a fixed period is taking up or continuing studies, education or vocational training or conducting research, the permit is granted for a period not exceeding 1 year.

A family member is given a residence permit for a specified period of time, for the period until the date for which a residence permit for a specified period of time was granted to a foreigner, to which he intends to come or came to be reunited with his family, and if the foreigner holds a permit to settle, a residence permit for EC long-term resident or a refugee status granted in the Republic of Poland - for a period of 2 years.

Minor child of a foreigner with a residence permit for a specified period of time is given this permit for the period until the date for which a residence permit for a specified period of time was granted to his legal representative.

A foreigner who is a victim of trafficking, who resides on Polish territory, co-operates with the authority competent to conduct proceedings on combating trafficking in human beings and severed contacts with persons suspected of committing criminal acts of trafficking, is given residence permit for a specified period of time for a period of 6 months.

A foreigner referred to in Article 53a(2) is given the residence permit for a specified period of time for a period necessary to achieve the purpose for which it was issued or until he makes the decision to cooperate with the authority competent to conduct proceedings on combating trafficking in human beings, but for no longer than 3 months.

If one stays on Polish territory, the application for a residence permit for a specified period of time must be submitted to the voivode competent for the place of residence at least 45 days before the expiry of the period of stay under visa or the period for which the previous residence permit for a specified period of time has been granted. If the deadline for submission of the application has been preserved and the application does not contain any formal defects or they have been completed on time, the voivode shall put a stamp in the foreigner's travel document, which confirms submission of the application for a residence permit for a specified period of time. At the same time, with the completion of these steps, the stay on Polish territory is considered legal until a final decision on the residence permit for a specified period of time is made.

If the application has been submitted less than 45 days before the expiry of the period of stay under visa or the period for which previous residence permit for a specified period of time was granted, and the proceedings were not completed before the expiry of the residence permit or the expiry of the period of stay under visa, one must leave the territory of the Republic of Poland and await the decision abroad. In case of failure to comply with the obligation to leave Polish territory and staying on Polish territory illegally, the voivode is obliged to issue a decision to refuse granting of residence permit for a specified period of time.

The decision on granting or refusing residence permit for a specified period of time is issued by a voivode competent with respect to the place of residence of a foreigner. A foreigner who obtained a residence permit for a specified period of time is given a residence card. The residence card, during its validity, confirms the foreigner's identity during his stay in the Republic of Poland and entitles, with travel document, to multiple crossing of the border without the necessity of obtaining a visa.

Stamp duty of PLN 340 is collected for issuing a residence permit for a specified period of time.

A fee of PLN 50 is collected for issuing a residence card.

If the application for a residence permit for a specified period of time has been submitted from abroad, the decision of the voivode may be delivered through a consul. If at the time of issuing the decision to grant a residence permit for a fixed period of time one is staying abroad, in order to enter the Polish territory one should apply for a national visa in order to implement a residence permit for a specified period of time. The residence card will be issued after entering the Polish territory, by the voivode competent with respect to the intended place of residence.

A foreigner is obliged to collect the residence card personally, and in the case of a minor under the age of 13 - the residence card is collected by his legal representative or a guardian.

A foreigner is obliged to replace his residence card in case of:

1) change of the data contained therein;

2) change of appearance which makes it difficult to make identification;

3) damaging the card to the extent which makes it difficult to use it;

4) loss or destruction of the card.

Replacement of the residence card is made by a voivode competent for the place of residence of the foreigner.

A foreigner who lost his residence card is obliged to notify the voivode, who issued it, within 3 days from the date of its loss. If the lost residence card is found, the foreigner within 3 days from the date of its finding, notifies the voivode and returns immediately the found residence card if, a new one has been already issued in place of the lost residence card.

A foreigner is obliged to immediately return the residence card to the issuing authority - after obtaining a document confirming the acquisition of Polish citizenship or a decision to revoke the residence permit for a specified period of time.

A foreigner is obliged to leave Polish territory before the expiry of residence permit for a fixed period of time, unless he has obtained another residence permit for a fixed period of time or permit to settle or a residence permit for EC long-term resident in the territory of the Republic of Poland.

PERMIT TO SETTLE

In accordance with Article 64(1) of the Act on foreigners, permit to settle is granted at the request of a foreigner who:

1) is a minor child of a foreigner holding a permit to settle, born on the Polish territory;

2) married to a Polish citizen for at least 3 years before submitting the application and who immediately before submitting the application resided continuously on Polish territory for at least 2 years on the basis of residence permit for a fixed period of time;

3) immediately before submitting the application resided continuously on Polish territory over a period of not less than 10 years on the basis of consent for tolerated stay granted under Article 97(1) point 1 or Article 97(2) of the Act of 13 June 2003 on granting protection to foreigners on Polish territory or for a period of 5 years in connection with obtaining refugee status or subsidiary protection;

4) is a child of a Polish citizen and is under his parental authority.

Stay on Polish territory is considered uninterrupted if none of the breaks was longer than 6 months and it has not exceeded a total of 10 months, unless the interruption was caused by:

1) performance of professional duties or the performance of work outside Polish territory, under an agreement concluded with the employer, whose office is located on Polish territory;

2) accompanying the spouse performing his professional duties or work in conditions referred to in point 1;

3) treatment of the foreigner.

Permit to settle is granted for an indefinite period of time. Permit to settle expires under the law on the date of obtaining a residence permit for EC long-term resident.

A foreigner may apply for permit to settle during the lawful residence in the territory of the Republic of Poland.

Application for permit to settle cannot be submitted by a foreigner residing abroad, staying on Polish territory illegally, on the basis of the Schengen visa authorizing only to enter and stay on Polish territory for the purpose referred to in Article 26(1) point 26 of the Act on foreigners, i.e. to arrive on humanitarian grounds, on grounds of national interest or international obligations or a residence permit for a fixed period of time referred to in Article 53a(2) of the Act on foreigners, or by a foreigner who has been detained, placed in a guarded facility, arrested for the purpose of expulsion, against whom a preventive measure was applied in the form of the prohibition to leave the country, or deprived of liberty by the execution of judgments pursuant to law. If such application is submitted it is left unexamined.

If a foreigner applied during his lawful residence in the Polish territory, and the application does not include formal defects or they have been completed on time, the voivode shall include a stamp in the foreigner's travel document, which confirms the submission of an application for a permit to settle. At the same time, with the completion of these steps, the stay of a foreigner on Polish territory is considered legal until a final decision regarding permit to settle is made.

When applying for a permit to settle, one must submit:

1) completed application form for a permit to settle,

3) documents necessary to confirm the data contained in the application and circumstances justifying application for a permit to settle,

4) proof of payment of stamp duty.

5) legal title to the occupied apartment in which one resides or intends to reside, when applying for a permit to settle on the basis of Article 64(1) point 3.

The decision to grant permit to settle is issued by the voivode competent with respect to the place of residence of a foreigner.

A foreigner who obtained a permit to settle is given a residence card. The residence card, during its validity, confirms the foreigner's identity during his stay in the Republic of Poland and entitles, with travel document, to multiple crossing of the border without the necessity of obtaining a visa.

Stamp duty of PLN 640 is collected for issuing a permit to settle. A fee of PLN 50 is collected for issuing a residence card.

A foreigner is obliged to collect the residence card personally, and in the case of a minor under the age of 13 - the residence card is collected by his legal representative or a guardian.

A foreigner is obliged to replace his residence card in case of:

1) change of the data contained therein;

2) change of appearance which makes it difficult to make identification;

3) damaging the card to the extent which makes it difficult to use it;

4) expiry of the residence card issued in connection with obtaining a permit to settle;

5) loss or destruction of the card.

Replacement of the residence card is made by a voivode competent for the place of residence of the foreigner.

Residence permit for EC long-term resident

A foreigner with a residence permit for EC long-term resident in one of the EU Member States has the right to obtain a temporary residence permit in another EU Member State, if the circumstances justify his residence in that country, and if he has stable and regular source of income and a health insurance. This also applies to family members of the foreigner.

Residence permit for EC long-term resident shall be granted at the request of a foreigner residing on Polish territory, immediately before submitting the application, legally and continuously for at least 5 years, who has:

stable and regular source of income sufficient to cover the costs of maintaining himself and dependant family members;
health insurance within the meaning of provisions on universal health insurance or confirmation by the insurer of covering treatment costs in the Republic of Poland.

Residence permit for EC long-term resident cannot be granted to a foreigner:

1) staying on Polish territory in order to pursue studies or vocational training;

2) with consent for tolerated stay, asylum, refugee status granted in the Republic of Poland, or benefiting from subsidiary protection or temporary protection;

3) applying for refugee status or asylum;

4) who is an "au pair", seasonal worker, delegated by the provider for cross-border provision of services or who is a provider of cross-border services;

5) staying within the territory of the Republic of Poland on the basis of the Schengen visa, authorizing only for entry and stay within the territory of the Republic of Poland for the purpose referred to in Article 26(1) point 26, or a residence permit for a specified period of time, granted under Article 53a(1) point 5 or 7 or Article 53a(1) point 1 (a) or Article 53a(2) of the Act on foreigners;

6) detained, placed in a guarded facility, arrest for the purpose of expulsion, against whom a preventive measure was applied in the form of the prohibition to leave the country, or deprived of liberty by the execution of judgments pursuant to law;

The 5-year period of residence, which determines granting of the residence permit for EC long-term resident does not include the stay of a foreigner:

1) detained, placed in a guarded facility, arrest for the purpose of expulsion, against whom a preventive measure was applied in the form of the prohibition to leave the country, or deprived of liberty by the execution of judgments pursuant to law;

2) who is an "au pair", seasonal worker, delegated by the provider for cross-border provision of services or who is a provider of cross-border services;

3) under a uniform residence visa authorizing only to enter Polish territory for the purpose referred to in Article 26(1) point 26 of the Act on foreigners, i.e. to arrive on humanitarian grounds, on grounds of national interest or international obligations, under a residence visa in order to undertake or continue education or under residence permit for a fixed period of time granted pursuant to Article 53(1) point 5 or 7, Article 53a(1) point 1 (a) and or Article 53a(2) of the Act on foreigners;

4) as a boss, a staff member of a diplomatic mission, consular office manager and member of the consular staff of a foreign country and another person equal to them under the laws, treaties or general international customs.

The 5 year period of stay, which determines granting of residence permit for EC long-term resident includes half of the period of stay of a foreigner on the basis of visa granted in connection with studies or training, or on the basis of residence permit for a fixed period of time granted in connection with the circumstances referred to in Article 53(1) point 16 or in Article 53a(1) point 1 (b).

Stay on Polish territory is considered uninterrupted if none of the breaks was longer than 6 months and it has not exceeded a total of 10 months, unless the interruption was caused by:

1) performance of professional duties or the performance of work outside Polish territory, under an agreement concluded with the employer, whose office is located on Polish territory;

2) accompanying the spouse performing his professional duties or work in conditions referred to in point 1;

3) treatment of the foreigner.

Residence permit for EC long-term resident is granted for an indefinite period of time. Permit to settle expires under the law on the date of obtaining a residence permit for EC long-term resident.

A foreigner may apply for a residence permit for EC long-term resident at the time of lawful residence in Polish territory, subject to the below listed cases.

If a foreigner applied during his lawful residence in Polish territory, and the application does not include formal defects or they have been completed on time, the voivode shall include a stamp in the foreigner's travel document, which confirms the submission of an application for a residence permit for EC long-term resident. At the same time, with the completion of these steps, the stay of a foreigner on Polish territory is considered legal until a final decision regarding the residence permit for EC long-term resident is made.

Application for a residence permit for EC long-term resident cannot be submitted by a foreigner residing abroad, staying on Polish territory illegally, on the basis of the Schengen visa authorizing only to enter and stay on Polish territory for the purpose referred to in Article 26(1) point 26 of the Act on foreigners, i.e. to arrive on humanitarian grounds, on grounds of national interest or international obligations or a residence permit for a fixed period of time referred to in Article 53a(2) of the Act on foreigners, or by a foreigner who has been detained, placed in a guarded facility, arrested for the purpose of expulsion, against whom a preventive measure was applied in the form of the prohibition to leave the country, or deprived of liberty by the execution of judgments pursuant to law.

The application in this case cannot be submitted by a foreigner staying on Polish territory in order to pursue studies or vocational training, holding the permit for tolerated stay, asylum, refugee status granted in the Republic of Poland, or benefiting from subsidiary protection or temporary protection, applying for refugee status or asylum, who is an "au pair" employee, seasonal worker, delegated by a provider for cross-border provision of services or who is the provider of cross-border services, as well as by a foreigner staying on Polish territory on the basis of residence permit for a specified period of time granted under Article 53(1) point 5 or 7 or Article. 53a(1) point 1 (a) of the Act on foreigners.

If an application for residence permit for EC long-term resident is submitted in the above-mentioned cases it is left unexamined.

When applying for a residence permit for EC long-term resident, one must submit:

1) completed application form for residence permit for EC long-term resident,

3) documents necessary to confirm the data contained in the application and circumstances justifying application for a residence permit for EC long-term resident,

4) proof of payment of stamp duty.

5) legal title for the occupied apartment in which one resides or intends to reside.

The decision to grant residence permit for EC long-term resident is issued by the voivode competent with respect to the place of residence of a foreigner.

The document confirming obtaining the residence permit for EC long-term resident is the residence card. The residence card, during its validity, confirms the foreigner's identity during his stay in the Republic of Poland and entitles, with travel document, to multiple crossing of the border without the necessity of obtaining a visa.

Stamp duty of PLN 640 is collected for issuing a residence permit for EC long-term resident. A fee of PLN 50 is collected for issuing a residence card.

A foreigner is obliged to collect the residence card personally, and in the case of a minor under the age of 13 - the residence card is collected by his legal representative or a guardian.

A foreigner is obliged to replace his residence card in case of:

1) change of the data contained therein;

2) change of appearance which makes it difficult to make identification;

3) damaging the card to the extent which makes it difficult to use it;

4) expiry of the residence card issued in connection with obtaining a residence permit for EC long-term resident;

5) loss or destruction of the card.

Replacement of the residence card is made by a voivode competent for the place of residence of the foreigner.

Residence permit for EC long-term resident will be revoked, inter alia, if the foreigner has left the Polish territory for a period exceeding 6 years, left the territory of the European Union for a period of consecutive 12 months or has obtained a residence permit for EC long-term resident in the territory of another Member State of the European Union.

If the residence permit for EC long-term resident will be revoked for the above reasons, another residence permit for EC long-term resident can be granted when the foreigner meets the conditions for this permit, except that immediately before applying for another permit, he should remain legally and continuously on Polish territory for at least 3 years.

Instructions received in .......................... .

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(place, date) signature of applicant

or legal representative

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or translator's signature

This page was last updated on: 10.02.2011.

Last change of this page: 12.10.2011.

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