Basic information

This announcement does not constitute any source of law. The authors showed due diligence for it to be compliant with the binding legal regulation. However, it is necessary to remember that it concerns typical frequently occurring cases, and may not fully refer to particular cases. The number and type of documents, which may be required by administrative authorities during the proceedings, may differ from the listed on a case-by-case basis. In case of any doubts, it is necessary to contact the authority competent for hearing the individual case or to independently review the legal regulations.

Temporary residence permit

Legal grounds – Act of 12 December 2013, on Foreigners – division V of the Act along with implementing acts.

To whom and for what period of time it may be granted

Granting temporary residence permit may be applied for if there are circumstances justifying residence within the territory of the Republic of Poland for a period longer than 3 months, excluding temporary residence permit granted due to the circumstances requiring short-term stay or due to a seasonal work.

Different purposes for which temporary residence permit shall be granted are described in detail in different tabs on this website.

Temporary residence permit, as a rule, shall be granted for the period of maximum 3 years.

Where and when to make the application

Foreigner shall make an application in person, not later than on the last day of legal stay within the territory of the Republic of Poland to the voivode competent for the place of residence of the foreigner.

When making the application the foreigner shall be obliged to provide fingerprints for the purpose of issuing a residence card.

The above mentioned obligation  shall not apply to foreigners:

  1. who, on the day of making the application were younger than 6 years of age, or
  2. whose fingerprints are physically impossible to be taken, or
  3. who apply for  granting temporary residence permit for the purpose of family reunification and  on the day of making the application for granting the permit resided outside the territory of the Republic of Poland, or
  4. who are covered by an application of the host entity for granting temporary residence permit for the purpose of work under the Intra-corporate transfer and the temporary residence permit for the purpose of exercising long-term mobility  of a management employee, specialist or an employee under training, under the Intra-corporate transfer.

If the foreigner shall not provide fingerprints for the purpose of issuing residence card, when making the application or within the deadline as determined by the voivode, initiation of the proceedings for granting this permit shall be refused.

Data in the form of fingerprints taken for the purpose of issuance of a residence card shall be stored in  special registers until receipt of a residence card, then the data are deleted.

In the case of a foreigner being a minor, application for granting temporary residence permit shall be made by parents or guardians appointed by court, or one of the parents or guardians appointed by court.

In the case of making an application for temporary residence permit for a foreigner being a minor, who has reached the age of 6 years old by the day of making the appointment, presence thereof is required.

In the proceeding on granting or withdrawal of the temporary residence permit only the foreigner is the party to the proceedings, with exception of the proceedings for granting temporary residence permit for the purpose of work under the Intra-corporate transfer and the temporary residence permit for the purpose of exercising long-term mobility  of a management employee, specialist or an employee under training, under the Intra-corporate transfer.

Fees related to granting the permit

Stamp duty shall depend from the purpose of the foreigners stay in Poland, it is described in details on different tabs of this website. Standard stamp duty amounts to PLN 340.

Fee for issuing a residence card PLN 50.

Minor foreigner, who until the day of making the application for temporary residence permit has not reached the age of 16 years old shall be entitled for PLN 25 reduction in the fee for issuance of a residence card.

Necessary documents

  1. A form for granting temporary residence permit application completed in accordance with the instructions, relevant to the purpose of the stay. It is described in detail in different tabs of this website.
  2. Four valid photographs;
  3. Xerox copy of a valid travel document (original for inspection), in a particularly justified case, when the person has no valid travel document and it is impossible to obtain it, he/she may present other identity confirming document..

Note: Absence of any of the aforementioned documents shall result in a call upon the foreigner for supplementing thereof within the period not shorter than 7 days from service of the call under pain of leaving the application unprocessed.

Typical documents confirming circumstances indicated in the application

Note: Attaching the filled documents to the application before its submission may reduce the number of official correspondence and shorten the time of settling the case. Documents drawn up in a foreign language serving as evidence in the proceedings should be submitted along with translations thereof into Polish language, made by a legal translator.

  1. documents confirming meeting premises for granting temporary residence permit described in detail in different tabs on this website.

Note: In the case of a need for explaining and clarification of the evidence held by the authority in the case, during the proceedings the foreigner may be called upon to provide additional documents or to provide testimonies confirming the conditions mentioned in the application.

Refusal to initiate the proceedings for granting temporary residence permit

Initiation of the proceedings for granting temporary residence permit to the foreigner shall be refused, if on the day of making the application for granting the permit the foreigner:

  1. holds a permanent residence permit or a long-term resident’s EU residence permit, or
  2. resides within the territory of the Republic of Poland on the basis of a Schengen visa authorizing him/her only to enter the territory, issued for the purpose of entrance for humanitarian purposes, due to the State interest or international obligations, or
  3. resides within the territory of the Republic of Poland on the basis of a temporary residence permit due to the circumstances requiring short-term stay, or
  4. resides within the territory of the Republic of Poland on the basis of a permit for tolerated stay or a stay for humanitarian reasons or due to granting asylum, subsidiary protection or temporary protection or granting him/her a refugee status in the Republic of Poland, or
  5. applies for granting international protection or granting asylum, or
  6. was detained, placed in a guarded facility, under arrest for foreigners or is subject to a ban on leaving the territory of the Republic of Poland as a preventive measure, or
  7. is under temporary arrest or is imprisoned, or
  8. resides within the territory of the Republic of Poland after being obligated to return, and the deadline for voluntary return has yet to expire as determined in the decision on obligation of the foreigner to return, as well as in the case of extending the deadline, or
  9. is obligated to leave the territory of the Republic of Poland in the case of refusal to grant or withdrawal of a residence permit, in the case of refusal to grant or withdrawal of international protection, or in the case of discontinuation of the proceedings in the aforementioned cases, or
  10. resides outside the territory of the Republic of Poland.

Aside from the above mentioned cases, the foreigner shall be refused initiation of the proceeding for granting temporary residence permit, if at making the application for granting this permit or within the additional deadline as determined by the voivode, he/she has not submitted fingerprints for the purpose of issuance of a residence card.

Note: Point 10 shall not apply in the case for granting temporary residence permit to a foreigner for the purpose of family reunification, in the case if the foreigner, whom the application applies to resides abroad. In the proceedings on temporary residence permit for the purpose of work under the Intra-corporate transfer and the temporary residence permit for the purpose of exercising long-term mobility  of a management employee, specialist or an employee under training, under the Intra-corporate transfer, the aforementioned basis for refusal to initiate the proceedings shall not apply.
In the proceedings for granting a foreigner a temporary residence permit in case of victims of human trafficking, the grounds for refusal to initiate the proceeding mentioned in points 2 and 4-6, shall not apply. In the proceedings for granting a foreigner a temporary residence permit due to circumstances requiring a short-term stay, the grounds for refusal to initiate the proceeding mentioned in points 2, 3 and 6-8, shall not apply.

Residence status after submitting the application

If the application for granting temporary residence permit was made during legal stay of the foreigner and the application was free of any formal defects or the formal defects have been corrected within the deadline, voivode shall include the travel document of the foreigner with a stamp imprint, confirming making the application.  The foreigners stay is deemed legal from the day of submitting the application until the day when the decision in the case of granting temporary residence permit would become final.

NOTE: Including an imprint of a stamp in the foreigner’s travel document does not entitle the foreigner to travel within the territory of other Schengen States, but the foreigner may leave for the country of origin, however, in order to return to Poland it is necessary to obtain a visa if that person originates from a country subject to the visa obligation.

Case settlement period

In relation with the obligation for requesting information from the Commander-in-chief of the Border Guards, the Voivodship Commander of the Police, the Chief of Internal Security Agency, and, if needed, also from consul or other authorities, if entrance of the foreigner to the territory of the Republic of Poland and his/her stay within this territory may constitute a State defence or security threat or a threat to public security and order, who may provide the aforementioned information within 30 days from receiving the request, it is likely that issuance of the decision on granting temporary residence permit shall occur only after 1 month from the day of initiating the proceedings.

Document issued after obtaining the permit

The foreigner who has obtained the temporary residence permit within the territory of  Poland is issued with a residence card. The document shall be received in person. In the case when the residence card was issued to a foreigner who by the day of receipt thereof has not reached the age of 13, the card shall be received by a statutory representative or a curator thereof.

In its validity period the residence card confirms the identity of the foreigner during that persons stay within the territory of the Republic of Poland and, together with the travel document, provides the right for multiple crossing the border without the need to obtain a visa.

Refusal to grant temporary residence permit

Foreigner shall be refused to grant temporary residence permit, if:

  1. that person does not meet the requirements of granting temporary residence permit due to the declared purpose of the stay or the circumstances, which constitute the basis for application for the permit, do not justify his/her stay within the territory of the Republic of Poland for a period longer than 3 months, or
  2. there is a valid entry of the foreigner to the register for foreigners, whose stay within the territory of the Republic of Poland is undesirable, or
  3. that persons data are present in the Schengen Information System for the purposes of entry refusal, or
  4. it is required by the State defence and security or maintenance of public order and security or obligations resulting from ratification provisions of the international agreements applying to the Republic of Poland, or
  5. in the proceedings for granting temporary residence permit:

a) that persons has made an application containing untrue personal data or false information or attached it with documents containing such data or information, or

b) that person has testified untruthfully or has concealed the truth or counterfeited or forged a document in order to use it as the original or has used such a document as a original, or

6. that persons is in arrears of taxes, with exception of the cases when he/she has obtained a legal exemption, deferral, division of overdue amounts into instalments or the enforcement of the whole decision of a competent body has been suspended, or

7. that person has not returned the costs related with issuance and execution of the decision on obligation of the foreigner to return, which were covered from the State budget, or

8. being subject to the obligation of treatment pursuant to Article 40 (1) of the Act of 5 December 2008, on  preventing and combating infections and infectious diseases among people he/she refuses to consent to treatment, or

9. that persons has made an application during an illegal stay within the territory of the Republic of Poland or is illegally staying within the territory.

If some of the data of the foreigner are present in the Schengen Information System for the purposes of entry refusal (point 3), temporary residence permit may be granted taking into consideration the interest of the state which made the entry to the Schengen Information System, if there occurred significant reasons justifying granting such a permit, an in particular humanitarian reasons or reasons resulting from international obligations.

Note: Article 100 (1) of the Act on foreigners stipulates general grounds for refusal to grant temporary residence permit. The scope of application of the different grounds shall depend on provisions in specific chapters of Division V of the Act on foreigners, which regulates the types of temporary residence permit. In the case of some chapters, additional grounds for refusal to grant the permit has been envisaged.

Withdrawal of temporary residence permit

The temporary residence permit shall be withdrawn for a foreigner, if:

  1. the purpose of the stay which was the reason for granting the temporary residence permit is no longer applicable, or
  2. that person no longer meets the requirements of granting temporary residence permit due to the declared purpose of the stay, or
  3. there is a valid entry of the foreigner to the register for foreigners, whose stay within the territory of the Republic of Poland is undesirable, or
  4. it is required by the State defence and security or maintenance of public order and security or obligations resulting from ratification provisions of the international agreements applying to the Republic of Poland, or
  5. in the proceedings for granting temporary residence permit:

a) that persons has made an application containing untrue personal data or false information or attached it with documents containing such data or information, or

b) that person has testified untruthfully or has concealed the truth or counterfeited or forged a document in order to use it as the original or has used such a document as a original, or

6. that persons is in arrears of taxes, with exception of the cases when he/she has obtained a legal exemption, deferral, division of overdue amounts into instalments or the enforcement of the whole decision of a competent body has been suspended, or

7. that person has not returned the costs related with issuance and execution of the decision on obligation of the foreigner to return, which were covered from the State budget, or

8. being subject to the obligation of treatment pursuant to Article 40 (1) of the Act of 5 December 2008, on  preventing and combating infections and infectious diseases among people he/she refuses to consent to treatment, or

Note: Some grounds for withdrawal of temporary residence permit may not be applicable in the case of some purposes for the stay.

The obligation to leave Poland upon refusal, discontinuation or revocation of the temporary residence permit

The foreigner is obliged to leave the territory of the Republic of Poland within 30 days following the day, when the decision on refusal to grant the temporary residence permit, the decision on discontinuing the aforementioned case or the decision on revocation of the permit has become final, in the case of issuing the decision by the higher degree authority, following the day of servicing the decision to the foreigner, unless that person is entitled to further stay within the territory of Poland on another basis.

Other important information

Temporary residence permit shall expire on the day of obtaining by the foreigner a subsequent temporary residence permit, permanent residence permit, residence permit ‘long-term resident-EU’ or Polish citizenship.

Appeal proceedings

The party dissatisfied with the decision of the competent voivode issued on the temporary residence permit shall be entitled to lodge an appeal to the Head of the Office for Foreigners within 14 days from receiving the decision.

The appeal shall be lodged to the Head of the Office for Foreigners via the voivode who has issued the decision. The person lodging the appeal shall be obliged to sign it with a handwritten signature.

The party dissatisfied with the decision of the competent voivode on refusal to initiate the proceedings shall be entitled to lodge a complaint within 7 days from receipt thereof. The complaint shall be lodged to the Head of the Office for Foreigners via the voivode who has issued the decision. The person lodging the complaint shall be obliged to sign it with a handwritten signature.

Note: Manners and instructions for appealing against decisions are also contained in the instructions included therein.