Researcher

This information does not constitute a source of law. The authors effected due diligence to ensure its compliance with the legal regulations in force. Please remember however that this information applies to the standard and frequent cases and cannot fully apply to the individual issues.  The type and number of documents that can be requested by the administrative authorities during the procedure may differ from these specified below depending on a case. If you have any doubts, please contact the authority competent for examination of individual case or read the legislation on your own.

Temporary residence permit for the purpose of scientific research

Legal basis – Act of 12 December 2013 on foreigners – Article 151 of the Act – with implementing acts

Eligible foreigners and period of granting

The researcher i.e. foreigner holding at least the professional title equivalent to the professional title of Master of Sciences or equipollent in the Republic of Poland that enables applying for doctoral degree, staying in Poland for the purpose of scientific research or development works in the research organisation having its seat at the territory of the Republic of Poland and approved by the minister competent for interior.

This permit is granted provided that the circumstances forming the basis to apply for it, justify the stay of a foreigner at the territory of the Republic of Poland for the period exceeding 3 months.

Temporary residence permit is granted for the period necessary to deliver the purpose of stay of the foreigner at the territory of the Republic of Poland from above 3 months to 3 years with the option for applying for subsequent permits.

Hosting agreement for scientific research or development works made with a researcher

This agreement can be concluded between a researcher and research organisation, referred to in Article 7(1), clauses, 1, 2 and 4-8 of the Act of 20 July 2018 – Law on higher education and science (Journal of Laws item 1668, as amended) that was approved for this purpose by the minister competent for interior.

Valid list of approved research organisation is published in the official journal of the minister competent for interior.

The research organisation can conclude the hosting agreement with a researcher for the purpose of scientific research or development works, provide that performance of such research or works was approved by the competent authorities of this research organisation.

When examining the approval of scientific research or development works, the competent authorities of research organisation consider the following:

1) the purpose and duration of scientific research or development works and funds necessary for their performance;

2) the documents confirming qualification of researcher of significance for scientific research or development works.

The hosting agreement for scientific research or development works made with a foreigner is concluded as an employment contract, contract for commission or mandate agreement, specifying:

a) the title or purpose of scientific research or development works or their area,

b) an undertaking by the researcher to participate in scientific research or development works,

c) an undertaking by the research organisation to ensure due conditions to the researcher enabling completion of its undertaking,

d) the start and end date or the estimated duration of scientific research or development works,

e) the remuneration of the researcher and other working conditions,

f) information on the intended scientific research or development works performed at the territory of the other member states of the European Union.

In addition, the research organisation should provide the researcher with statement in writing, in which it undertakes itself to incur the cost related to issuing and executing the decision on the obligation of a foreigner to return, provided that the decision on the obligation of a foreigner to return was issued and executed before the expiry of 6 months from the ay of termination of the hosting agreement for the purpose of scientific research or development works, and the basis for issuing of such decision was the stay of the foreigner at the territory of the Republic of Poland without valid visa, if required, or any other valid document entitling it to enter and stay at this territory.

Place and date of submitting the application

The foreigner submit the application personally, not later than on the last day of legal stay at the territory of the Republic of Poland to the voivode competent for the place of residence of this foreigner. When submitting the application, the foreigner is obliged to submit the fingerprints.

Fees for granting the permit

Stamp duty – PLN 340

Fee for issuing the residence card – PLN 50

Mandatory documents

  1. Temporary residence permit application form completed as instructed.

Note: Appendix 4 should be enclosed to the application form.

  1. Four current photographs
  2. Photocopy of a valid travel document (original copy for inspection), in specifically justified case, when the foreigner hold no valid travel document and is enable to receive it, it is entitled to present the other document confirming its identity,

Note: Lack of any of the documents, referred to above, shall result in requesting the foreigner to remedy this situation within 7 days from delivering the request under the penalty of leaving the application unexamined.

Standard documents necessary to examine the application

Note: Enclosing the following documents to the application at submission can reduce the volume of the official correspondence and reduce the time of case examination.

  1. Hosting agreementof the researcher for the purpose of scientific research or development made with the research organisation having its seat at the territory of the Republic of Poland;
  2. Written statement of research organisation, in which it obliges itself to incur the cost related to issuing and executing the decision on the obligation of a foreigner to return;
  3. Health insurance in the meaning of the Act of 27 August 2004 on healthcare services financed from public funds or confirmation of covering the costs of treatment at the territory of the Republic of Poland by the insurer;
  4. Documents confirming that the foreigner holds sufficient funds to cover the costs of stay and return to the country of origin or residence or costs of transit to a third country granting the entry permit. The amount of monthly funds, upon deducting the funds dedicated to cover the costs of residence, held by the foreigner to cover the costs of stay, should be higher than the income entitling to financial benefits from social aid institutions laid down in the Act of 12 March 2004 on social aid for the foreigner and each dependent family member (should exceed PLN 528 for the family members or PLN 701 for persons living alone). It is assumed that these costs of residence cover at least the amount of fixed charges for the use of the occupied apartment per number of people living in it as well as charges for supplies of power, gas, water and disposal of sewage, waste and liquid waste.

Note: When there is any need to explain or precise the evidence in the case held by the authority during the procedure, the foreigner may be requested to provide other documents or make testimonies confirming the circumstances specified in the application.

Residence status upon submitting the application

If the application for temporary residence permit was submitted during the legal stay of the foreigner and this application had no formal defects or such formal defects were remedied on time, the voivode places a stamp in the travel document of the foreigner, which confirms submitting the application. The residence of the foreigner is considered legal from the day of submitting the application to the day in which the decision on temporary residence permit becomes final.

NOTE:
Placing the stamp in the travel document shall not entitle the foreigner to travel at the territory of the other Schengen states, however the foreigner may leave to the country of origin. In this case however, if it wants to return to Poland, such foreigner should obtain a visa, provided that it comes from the state applying the visa regime.

Handling time

The case should be handled within 60 days from the day of submitting the complete application. If all necessary documents are not enclosed to the application, the course of this date is suspended to the day of delivering the missing documents to the voivode.

Document issued upon obtaining the permit

The foreigner, who obtained the temporary residence permit at the territory of Poland, is issued with the residence card. This document is issued ex officio by the voivode, who granted the permit to the foreigner.

In its validity period, the residence card confirms the identity of the foreigner during it stay at the territory of the Republic of Poland and entitles it, along with travel document, to cross the border without the need for visa many times.

Information obligations

The foreigner, who obtained the temporary residence permit, is obliged to notify the voivode, who granted this permit, within 15 working days, that the reason for permit no longer applies. If the temporary residence permit was granted by the Chief of the Office for Foreigners in the second instance, this notification is submitted to the voivode, who decided on granting the permit in the first instance. Failure to comply with this obligation may result in refusal of subsequent temporary residence permit, provided that the application on subsequent temporary residence permit was issued before the expiry of one year from the date of expiry of the validity of the previous permit or from the day, in which the decision on withdrawing the temporary residence permit became final.

The research organisation is obliged to notify the voivode, who granted the temporary residence permit to the foreigner or before whom the case on temporary residence permit is proceeded, of any events that may impede the performance of hosting agreement for the purpose of scientific research or development works made with the foreigner.

Right to work

This permit entitles to perform work without the need for obtaining the work permit. The residence card, issued with regard to granting the foreigner with the temporary residence permit, has an annotation “access to labour market”.

Obligation to leave Poland upon refusal, dismissal or withdrawal of permit

The foreigner is obliged to leave the territory of the Republic of Poland within 30 days from the day, in which the decision on refusal of temporary residence permit or the decision of withdrawal of temporary residence permit became final, and in the case of issuing the decision by the higher level authority, from the day, in which the final decision was delivered to the foreigner, unless it is entitled to stay at the territory of Poland on the other grounds.