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 the purpose of performing work by the foreigner delegated by a foreign employer within the territory of the Republic of Poland
Legal grounds – Act of 12 December2013, on Foreigners – Article 140 of the Act – along with implementing acts
To whom and for what period of time it may be granted
Foreigners who are delegated to work within the territory of Poland, by a foreign employer, if the circumstances justify the foreigner’s stay within the territory of the Republic of Poland for the 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.
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 valid 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.
- work permit, as defined by the Act of 20 April 2004 on employment promotion and labour market institutions or a written statement of the employer on the scope of work entrusted thereto, if the work permit is not required. The document is not required, among others, in the case of foreigners entitled to stay and work within the territory of a member state of EU/EEA/Switzerland, who are employed by an employer seated in this country or who are temporary delegated to Poland for the purpose of rendering services. See the other cases when work permit is not required.
Note: Work permit shall be issued at the request of the entity entrusting work performance to the foreigner, by a locally competent voivode. In case of doubts concerning obtaining work permit by the foreigner, it is necessary to contact the relevant organisational unit of the voivodship office, dealing with issuing work permits for foreigners.
- document confirming delegation by a foreign employer to the territory of the Republic of Poland for the purpose of work
- 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
- 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);
- 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 higher than net PLN 701 per month, for a person in a family – in the amount higher than net PLN 528 per month), e.g. PIT tax return on the amount of income earned by the foreigner for the last tax year or ZUS statement.
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.
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 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 by the foreigner 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
Temporary residence permit shall not entitle the foreigner to work. The foreigner should additionally hold 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.