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 studies
Legal basis – Act of 12 December 2013 on foreigners – Article 144 of the Act – with implementing acts
Eligible foreigners and period of granting
The foreigners, purpose of stay in Poland of whose is undertaking or continuation of studies in the higher education institution approved by the minister of interior, unless this institution is not subject to mandatory approval or in the higher education institution, which is not subject to mandatory approval, for which no decision on the prohibition of accept the foreigners, provided that the circumstance justify the residence of the foreigner at the territory of the Republic of Poland for the period exceeding 3 months.
The temporary residence permit for studies is granted to the foreigner also when the studies being the continuation or complementation of studies taken up at the territory of the other EU Member State are covered with no EU programme or multilateral programme covering the mobility measures or an agreement between two or more higher education institutions providing for the intra-EU mobility and the foreigner meets the abovementioned conditions for granting the temporary residence permit.
The temporary residence permit for studies shall be granted also when the purpose of stay at the territory of the Republic of Poland is completing the preparatory course to take up full-time Master degree studies and the doctoral course, provided that the foreigner holds the citizenship of one of the states specified by the ordinance of the Council of Minister. At the moment, such ordinance has not been issued yet.
The first temporary resident permit for studies for the foreigner taking-up the studies at the territory of the Republic of Poland during the first year of education is granted for the period of 15 months, and in the case when the studies are covered with an EU programme or multilateral programme covering the mobility measures or an agreement between two or more higher education institutions providing for the intra-EU mobility, the first permit is granted for the period of 2 years.
When the studies justify the residence of the foreigner at the territory of the Republic of Poland for the period not exceeding 1 year, the first permit is granted for the period of academic year or of the studies, extended by 3 months.
The subsequent temporary residence permit for studies is granted for the period of studies, extended by 3 months however in any case not exceeding 3 years.
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 temporary residence permit
Stamp duty – PLN 340
Fee for issuing the residence card – PLN 50
The foreigners, purpose of stay of whose is education in the upper secondary school and high school, are entitled to discount in the fee for granting the residence card in the amount of PLN 25.
- Temporary residence permit application form completed as instructed;
- Four current photographs;
- 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.
- Confirmation of the higher institution entity on accepting the foreigner for studies or continuation of the studies,
- Proof of payment, if the foreigner takes up or continues the paid studies;
- Documents confirming holding of 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;
- 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 (e.g. travel vouchers, confirmation of credit card limit, information on received student grants). 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
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.
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.
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 rector of the university or head of the other higher education institution is obliged to immediately notify in writing the voivode, who granted the research permit for studies, on deleting the foreigner from the list of students as well as of the foreigner’s failure to complete the study year within a specified date.
Right to work
Upon obtaining this permit, the foreigner may perform the work in Poland 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.