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 – due to other circumstances
Legal grounds – Act of 12 December2013, on Foreigners – Article 186 (1) (3) and (4) of the Act – along with implementing acts
To whom and for what period of time the permit may be granted
- to a foreigner holding a long-term resident’s EU residence permit granted by another European Union Member State (Article 186 (1) (3)) who:
- a) Intends to perform work or conduct business activities on the territory of the Republic of Poland on the basis of the provisions binding in this respect on this territory or
- b) Intends to undertake or continue studies or vocational trainings on the territory of the Republic of Poland or
- c) Proves that there are other circumstances justifying his/her stay on the territory of the Republic of Poland or
- to a foreigner who is a family member of a foreigner who has a long-term resident’s EU residence permit granted by another European Union Member State, with whom he/she stayed on the territory of other Member State of the European Union and accompanies him/her or intends to join him/her (Article 186 (1) 4).
– if these circumstances justify the foreigner’s stay on the territory of the Republic of Poland for a period longer than 3 months.
Temporary residence permit shall be granted for the period necessary for implementation of the purpose of the foreigner’s stay within the territory of Poland, exceeding 3 months up to 3 years, with the possibility to apply for the subsequent permits.
Family member of the foreigner is understood as:
1) A person being married to the foreigner, regarded by the law of the Republic of Poland;
2) The minor of the foreigner and persons being married to the foreigner, regarded by the law of the Republic of Poland, including adopted child;
3) The minor of the foreigner, including adopted child, being subsisted by him/her, over whom the foreigner actually express parental authority;
4) The minor of the person, mentioned in section 1, including adopted child, being subsisted by him/her, over whom he/she actually express parental authority.
NOTE: a long-term resident’s EU residence permit should be granted by another Member State of the European Union on the basis of the provisions implementing the Council Directive 2003/109/ EC of 25 November 2003 on the status of third-country nationals who are long-term residents (Journal of Laws of the EU L 016 of 23.01.2004, p. 44, as amended) and not on the basis of the provisions of domestic law of another EU Member State, which are national permits for permanent residence. The Directive does not apply to Ireland and Denmark.
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.
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, presence thereof is required.
Fees related to granting the permit
Stamp duty 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
- Completed in accordance with the instructions form of the application for granting temporary residence permit
- Four photographs
- 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 of 7 days from service of the call under pain of leaving the application unprocessed.
Typical documents needed for processing 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.
- long-term resident’s EU residence permit granted by another Member State of the European Union on the basis of regulations implementing the Council Directive 2003/109/EC;
- in the case of a family member, documents confirming family ties and documents confirming the stay in the territory of another European Union Member State with a foreigner who has a long-term resident’s EU residence permit granted by another European Union Member State,
- documents confirming the existence of circumstances justifying the foreigner’s stay in Poland for a period exceeding 3 months;
- documents certifying holding a health insurance as defined by the Act of 27 August 2004 on health care services financed from public funds or confirmation of insurer’s coverage of medical treatment costs within the territory of the Republic of Poland
- documents certifying a source of stable and regular income to cover living expenses for themselves and any dependent family members thereof (for a person running household alone – in the amount of at least net PLN 701 per month, for a person in a family – in the amount of net PLN 528 per month);
- document confirming a place of residence provided (e.g. confirmation of registration, apartment rent contract, other contract enabling possession of a dwelling, or statement of a person authorised for possession of a dwelling on provision of a place of residence to the foreigner).
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 receiving unit may be called upon to provide additional documents or to provide testimonies confirming the conditions mentioned in the application.
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
Issuance of the decision on granting the permit shall occur not earlier than after 1 month from the day of initiation of 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 is issued ex-officio by the voivode who has granted this permit to the foreigner.
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.
The document should 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.
Information obligations related with obtaining the permit
Within 15 working days the foreigner who was granted temporary residence permit shall notify the voivode who has granted the permit that the reason for granting thereof no longer applies. If the temporary residence permit was granted by the Head of the Office in the second instance, the aforementioned notification shall be addressed to the voivode, who made the decision in the case of granting the permit in the first instance. Failure to fulfil this obligation may result in refusal to grant subsequent temporary residence permit, if the application for granting the subsequent temporary residence permit was made before the end of a year before the expiry date of the previous permit or by the day in which the decision on withdrawal of the temporary residence permit has become final.
The right for performance of work, economic activity
A foreigner who has a temporary residence permit granted pursuant to art. 186 paragraph 1 point 3 or 4 of the Act is entitled to perform work within the territory of Poland without the necessity of holding work permit. The residence card issued in relation with granting the foreigner the residence permit shall be annotated with “access to labour market”.
The permits holders may also undertake and conduct economic activity in the territory of the Republic of Poland on the same terms as Polish citizens.
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 stay within the territory of Poland on another basis.