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 – for a scientist looking for work or planning to establish economic activity
Legal grounds – Act of 12 December2013, on Foreigners – Article 186 (1) (7) of the Act – along with implementing acts
To whom and for what period of time the permit may be granted or planning to establish an economic activity
To a foreigner, who, directly prior to making the application for granting temporary residence permit resided within the territory of Poland on the basis of the temporary residence permit for the purpose of conducting research, has completed the research or development works and seeks employment within the territory of Poland or plans to establish economic activity within the territory.
Temporary residence permit shall be granted if the circumstances, which constitute the basis for application for the permit, justify the foreigner’s stay within the territory of the Republic of Poland for a period longer than 3 months.
Temporary residence permit shall be one time, directly after completion of the research or development works granted for the period of 9 months.
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.
Fees related to granting the permit
Stamp duty PLN 340
Fee for issuing a residence card PLN 50
- 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 not shorter than 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.
- document confirming completion of the research or development works;
- 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 confirming possession of financial means sufficient for covering the costs of living and return. The amount of monthly financial means possessed by the foreigner should be higher than the social assistance generating income as stipulated in the Act of 12 March 2004 on social assistance granted to a foreigner and every family member supported thereby (it should exceed PLN 528 for persons in a family or PLN 701 for a person running household alone);
- 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 host entity 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 and 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.
Information obligations related with obtaining the permit
Within 15 working days the foreigner who was granted temporary residence permit shall be obliged to 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
After obtaining such a permit, the foreigner may perform work in Poland without the need for having a work permit. The residence card issued in relation with granting the foreigner the temporary residence permit shall be annotated with “access to labour market”.
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 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.