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› MAIN PAGE › LEGALISATION OF FOREIGNER’S STAY IN THE TERRITORY OF POLAND › Residence permit for a specified period of time

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You can apply for residence permit for a specified period of time if circumstances justifying residence in Poland for a period longer than 3 months occur. Such circumstances are:

1. acquiring a promise or extension of promise for issuance of a job permit or a written statement by the employer that a foreigner will be entrusted with performance of work, if job permit is not required.
2. conduct of economic activities on ground of regulations binding in Republic of Poland, which are beneficial to national economy, and in particular contribute to growth of investments, transfer of technology, implementation of profitable innovations or creation of new jobs,
3. continuation of creative activity in Poland by a foreigner with an acknowledged output,
4. participation in vocational training and probation carried out within UE programs,
5. migrating employee's intention to live with family members, as stated by European Social Charter prepared in Turin on 18th of October 1961 (Journal of Laws of 1999, No 8 item 67),
6. marriage with a Polish citizen,
7. intention to enter as foreigner's family member, as quoted in article 54 of the Law dated 13th June 2003 on foreigners, into the territory of Poland or staying in this territory in order to reunite with the family;
8. residence in the territory of Poland of foreigner's juvenile child that was born in this territory and  remains without custody;
9. residence of foreigner's spouse or a grown up child, as quoted by article 54 of the law on foreigners in Poland for of at least 5 years on ground of residence permits for a specified period of time due to circumstances described in point 7;
10. residence in the territory of Poland on ground of a residence permit for a specified period of time that was issued in accordance with circumstances quoted in point 7, in case of widowing, divorce, separation or death of a descendant or ascendant of first degree, when supported by particularly essential foreigner's interest;
11. residence in the territory of Poland on ground of a residence permit for a specified period of time issued in connection with circumstances quoted in point 6, in case of widowing or divorce, when supported by particularly essential foreigner's interest;
12. being a juvenile child of a foreigner, with a residence permit for a specified period of time, born in the territory of Poland;
13. possession of a residence permit for a long-term EC resident, issued by other UE member country and intention to perform work or economic activities on ground of regulations within this area binding in Poland, taking up or continuation of studies or vocational training or demonstration that other circumstances justifying his residence in territory of Poland occur;
14. accompanying or intention to unite as a family member with a foreigner, as quoted in point 13, with which family member stayed in the territory of another EU member country;
15. being the victim of human trafficking, as understood by Frame Decision of the Council dated 19th of July 2002 on action against human trafficking, if foreigner:
    a) stays in the territory of Poland,
    b) has started collaboration with authorities responsible for actions against human trafficking,
    c) gave up contacts with people suspected of offences connected with human trafficking.

Residence permit for a specified period of time may be also issued to a foreigner who:

1. intends to begin or continue studies, or vocational training, in the territory of Poland;
2. shall demonstrate that circumstances, other than described in point 1 and article 53 par. 1, apply that justify his stay in the territory of Poland for a period longer than 3 months.

In principle, a foreigner applying for a residence permit for a specified period of time should have:

• stable and regular income sufficient to cover costs of living of the applicant and his dependant family members, and
• a health insurance, as understood by regulations on common health insurance, or confirmation for coverage of treatment costs in Poland by the insurer.
  
• These requirements do not refer to, amongst other, spouses of Polish citizens, juvenile child of a foreigner with a residence permit for a specified period of time that was born in the territory of Poland, foreigners participating in vocational training or probation carried out within EU programs and victims of human trafficking.

A family member of a foreigner is recognised as:

1. a person in a marriage relation with him, as recognised by the law of Poland;
2. juvenile child of such foreigner and a person married to him, as recognised by the law of Poland, including also an adopted child;
3. juvenile child of such foreigner, including adopted, dependant on him, over which the foreigner has actual parental custody;
4. juvenile child of a person, quoted in point 1, also including adopted, dependant on him, over which that person has actual parental custody.
   
   Ascendant of first degree is also considered a family member of a juvenile foreigner with a refugee status and residing in the territory of Poland.

According to article 54 of the law on foreigners, residence permits for a specified period of time in order to reunite with family are issued to a family member of a foreigner residing in the territory of Poland:

1. upon a settlement permit;
2. upon a residence permit for a long-term EC resident;
3. with a refugee status;
4. for at least two years upon residence permits for a specified period of time, including time directly before lodging an application for residence permit for a specified period of time for a family member - upon a residence permit issued for period of stay not shorter than one year.

If you reside abroad application for residence permit for a specified period of time should be lodged via consul. If you reside in Poland application should be submitted to Voivode (governor) appropriate for the location of intended stay.

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

1. a completed application form for issuance of residence permit for a specified period of time,
2. 4 colour photographs 4,5cm x 3,5cm,
3. documents necessary for confirmation of data provided in the form and circumstances justifying application for residence permit for a specified period of time,
4. general duty stamps or proof of paying the consular fee,
5. certificate confirming registration duty (in case application is submitted to Voivode).
   

Foreigner applying for a residence permit for specified period of time due to acquiring a promise for issuance of a job permit, conduct of economic activities, reunion with family and due to a 5 year residence period in the territory of Poland as foreigner's family member, and also in connection with possession of a residence permit for a long-term EC resident in other EU member country and accompanying or intending to reunite as a family member with a foreigner having a residence permit for a long-term EC resident in other EU member country, is obliged to attach to the application a legal title to occupy a dwelling, in which he resides or intends to stay, as well as documents confirming costs of staying there.
 Contract for loan of use with a third-country national shall not be considered as a legal title to occupied or intended for occupation dwelling, unless the lender is his descendent, ascendant, or spouse, spouse's parents or foreigner's siblings.

Each time a residence permit for a specified period of time is issued for a period necessary to achieve the purpose of stay in territory of Poland, however not longer than 2 years. In case where the circumstance for aforementioned application is to start or continue studies, or vocational training the permit is granted for one year.

Member of the family shall acquire residence permit for a specified period of time up to the date such permit was granted to a foreigner, to which he intends to come or has come with a purpose of family reunion, but if this foreigner has a settlement permit, residence permit for a long-term EC resident or a refugee status given in Poland - for a period of 2 years.

To a juvenile child of a foreigner with a residence permit for a specified period of time this permit is issued up to the day, to which permit has been issued to its legal guardian.

Foreigner who was a victim of human trafficking shall acquire residence permit for specified period of 6 months.

If you reside in the territory of Poland, the application for residence permit for a specified period of time should be submitted to Voivode appropriate for your place of stay at least 45 days before the end of residence period on ground of visa or the period, for which previous residence permit for a specified period has been issued. In case Voivode is unable to issue a decision by this deadline, you will obtain a visa for a period until the proceedings of first instance are complete.

If application has been filed less than 45 days before the lapse of visa stay period or period for which previous residence permit for a specified time was issued and proceedings are not completed before expiry of your residence permit, you are requested to leave the territory of Poland and await decision abroad. In case you do not leave the territory of Poland, Voivode will refuse the issue of a residence permit for specified period of time.

Voivode appropriate for foreigner's intended place of residence makes decision on issuance or refusal of residence permit for a specified period of time.
Residence card is a document that confirms obtaining a residence permit for a specified period of time.

A general duty fee of PLN 300 is charged for issuance of a residence permit for a specified period of time.
A fee of PLN 50 is charged for issuance of a residence card.

If you have lodged the application for residence permit for a specified period of time abroad, Voivode's decision shall be serviced to you via consul. In case you have acquired a decision permitting residence for a specified period of time you shall obtain an entry visa allowing you to enter the territory of Poland in connection with obtaining a residence permit for a specified period of time. Voivode appropriate for your intended place of stay will issue a residence card.

Foreigner is obliged to claim his residence card personally, and in case of a juvenile under 13 years of age - his legal representative or legal guardian claims card.
Foreigner is obliged to replace his residence card in following cases:
1) change of data stated in it;
2) change of appearance impeding his identification;
3) damage of card to a degree impeding its use;
4) loss or wear out of card.

Voivode appropriate for foreigner's place of residence does replacement of card.
Foreigner who has lost the residence card must notify issuing Voivode within 3 days from the loss. In case lost residence card is recovered foreigner must notify Voivode within 3 days from the date it is found and immediately return recovered residence card if replacement card has been already issued.

Foreigner must immediately return residence card to issuing authority - upon delivery of a document confirming acquisition of Polish citizenship or a decision on withdrawal of residence permit for a specified period of time.

Foreigner is requested to leave the territory of Poland before expiry of residence permit for a specified period of time, unless he acquired a subsequent permit for residence for a specified period of time or a settlement permit, or residence permit for a long-term EC resident in the territory of Poland.

Residence in territory of Poland without required visa, residence permit for a specified period of time or a settlement permit, or residence permit for a long-term EC resident, as well as performance of work or economic activities against the rules binding in Poland may result in your expulsion from the territory of Poland without possibility of re-entry for a period from 3 to 5 years.