Intern

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 an intern

Legal grounds – Act of 12 December2013, on Foreigners – Article 157a of the Act – along with implementing acts

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

Foreigners, whose purpose of the stay in Poland is undertaking internship at the internship organiser, authorised by the minister competent for internal affairs, if the circumstances justify the foreigner’s stay within the territory of the Republic of Poland for the period longer than 3 months.

The permit shall be granted for the period necessary for execution of the contract, on the basis of which the foreigner shall be undertaking internship, not longer than 6 months. Subsequent permit may be granted only once for the period necessary for completing execution of the contract concerning the internship, not longer than 6 months.

Contract constituting the basis for the foreigners internship

The contract shall be concluded between the foreigner and the internship organiser, which is a legal person or an organisational unit, not being a legal person but to whom an act has granted a legal capacity, where the internship takes place, seated within the territory of Poland. The internship organiser must be authorised by the minister competent for internal affairs.

Valid list of the authorised internship organisers is announced in the official journal of the minister competent for internal affairs.

Internship shall mean performance of tasks by the foreigner, for the purpose of acquiring knowledge, practical skills and professional experience, not being performance of work on the basis of a contract with the internship organiser. Internship should be adequate to the field and level of the completed or ongoing studies.

Constituting the basis for the foreigners internship, should be concluded in a written form with the internship organiser and should stipulate:

a) description of the internship programme, including information of the educational purpose thereof or educational components, theoretical and practical training, position on which the internship shall be performed, language, in which the internship shall be conducted, level of language fluency necessary to undergo internship, scope and type of performed tasks, scope of knowledge, practical skills and professional experience to be acquired.

b) duration of the internship,

c) conditions for undergoing and supervision of the internship, of which determination of the place of internship appointment of a mentor for the intern,

d) hours of the internship,

e) rights and obligations of the parties concerning:

– covering of the internship costs,

– necessary medical examinations,

– accidence insurance,

– free days,

– contract termination conditions,

f) the manner of confirming the acquired knowledge, practical skills and professional experience;

Additionally, the internship organiser should provide the foreigner with a written statement, in which it undertakes to cover the costs related with issuance and execution of the decision on obligating the foreigner to return, if the decision on obligating the foreigner to return was issued and executed within 6 months fro the day of expiry of the internship contract, and the basis for issuing such a decision was stay of the foreigner within the territory of Poland, without a valid visa, if it was necessary, or other important document allowing to enter and stay on this territory.

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 temporary residence permit

Stamp duty PLN 340

Fee for issuing a residence card PLN 50

Necessary documents

  1. Completed in accordance with the instructions form of the application for granting temporary residence permit;

Note: The application should be additionally accompanied by appendix no. 3.

  1. Four valid photographs;
  2. 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.

  1. document confirming graduation from university within 2 years directly prior to making the application for granting the permit or a document confirming undergoing studies outside the European Union;
  2. contract constituting the basis for the foreigners internship;
  3. document confirming completing language course for Polish language or another language of the internship, or a document confirming completion of such course at the language fluency level necessary for the internship;
  4. documents certifying holding a health insurance as defined by provisions of 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;
  5. documents confirming possession of financial means sufficient for covering the costs:

a) livelihood (e.g. traveller’s cheques, statement on the amount of credit card limits, statement on having monetary funds in a bank or cooperative credit/savings bank, etc.). The amount of monthly financial means, after deducing the means meant for covering dwelling costs, 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); It is assumed that the aforementioned boarding costs include at least the amount of fixed charges related with usage of the occupied premises in breakdown to the number of persons living in the premises, as well as charges for the delivery of energy, gas and water and collection of waste, liquid waste and sewage, and

b) return travel to the country of origin or residence or costs of transit to a third country, which shall grant entry permit. Minimal amount of financial means, which the foreigner should have, is:

  • PLN 200, if the foreigner came from the country neighbouring with Poland,
  • PLN 500, if the foreigner came from the European Union member state not neighbouring with Poland or from a country of the European Free Trade Agreement (EFTA) – party to the agreement on the European Economic Area or the Swiss Confederation,
  • PLN 2500, if the foreigner came from a country other than the once determined in the points above

– or an equivalent of the amounts in foreign currencies. If the foreigner stayed within the territory of Poland with a family member, he/she is obligated to have the aforementioned means also for the family member.

  1. 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

Case settlement should end within 60 days from the day of making a complete application. If the application is not accompanied by all of the necessary documents, running of the aforementioned term is suspended until servicing them to the voivode.

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.

Information obligations

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

This permit shall not grant the right for performance of work within the territory of Poland. In order to seek employment is necessary to obtain an additional work permit, unless it is not required.

The obligation to leave Poland upon refusal, discontinuation or revocation of the 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.