The steadily growing number of foreigners in Poland maintains a high level of interest in the topic of legalizing their stay and work in the country. According to the data from the Central Statistical Office, as of the end of September 2023, the number of foreigners working exceeded 1 million, of which 392.2 thousand were foreigners working under civil law contracts. The share of foreigners in the total number of workers was 6.5 percent. Ukrainians continue to constitute the largest group of expatriates.
First of all, it should be emphasized that a residence permit and a residence card are two separate documents, although they are related because a residence card is issued based on the obtained residence permit.
Can one obtain just a temporary residence card without a temporary residence permit?
No, this document is always issued based on the obtained temporary residence permit.
Can a situation occur where a foreigner obtains a residence permit but does not receive a residence card? Yes, immediately after the decision to grant a temporary residence permit or a permanent residence permit, the residence card is scheduled for printing.
An exception to this rule is the Mazowieckie Voivodeship, where the residence card is collected together with the decision to grant the residence permit.
So, what is the difference between a temporary residence card and a temporary residence permit? A temporary residence permit can be applied for by a foreigner whose residence in Poland for a period longer than three months is duly justified.
A temporary residence permit is granted, among others, to:
- family members of Polish citizens or family members of foreigners,
- for the purpose of employment,
- for the purpose of employment in a profession requiring high qualifications or for a foreigner delegated to Poland,
- for the purpose of conducting business activity,
- for the purpose of studying at university,
- for a foreigner leading family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on November 4, 1950, with a Polish citizen or a citizen of another EU member state, a member state of the European Free Trade Association (EFTA) – party to the agreement on the European Economic Area or the Swiss Confederation, with whom they reside jointly on this territory.
Temporary residence permits are issued for a maximum of 3 years. However, the validity period of the permit may be shorter if the basis for applying for the permit indicates the justification for a shorter stay. Importantly, temporary residence permits are not extended (the law does not provide for a procedure to extend temporary residence permits). If a foreigner wishes to stay in Poland for a period longer than indicated on their temporary residence permit, they must apply for a new temporary residence permit while still holding valid residence documents.
Before the expiry of the validity period of the temporary residence permit, the foreigner should leave the territory of the Republic of Poland, unless they have obtained another valid document allowing them to stay legally in Poland (e.g., another temporary residence permit, permanent residence permit, or long-term EU resident permit).
The application for a temporary residence permit is submitted to the relevant voivodeship office based on the foreigner’s place of residence.
During the procedure, the foreigner should document that they have:
- health insurance (as defined by the provisions of the Act of 27 August 2004 on healthcare services financed from public funds or confirmation of coverage by the insurer for the cost of treatment in the territory of the Republic of Poland),
- a stable and regular source of income sufficient to cover the living costs for themselves and family members under their care,
- provided a place of residence in the territory of the Republic of Poland.
Although the regulations do not provide separate requirements for different voivodeships, in practice, the complete list of documents that the Voivodeship Office will expect in the procedure for granting a temporary residence permit may differ slightly in individual voivodeships and depends on the purpose of staying in Poland. The application must be submitted in person, no later than on the last day of legal stay in the territory of the Republic of Poland.
According to the Act on Foreigners, a foreigner’s stay in the territory of the Republic of Poland is considered legal from the date of submitting the application until the day when the decision on granting the temporary residence permit becomes final. If the application was not submitted by the foreigner personally, the voivode will summon them to appear in person. If the foreigner fails to appear in person, the application will be left unprocessed. Fingerprints of the foreigner applying for a temporary residence permit are taken for inclusion on the residence card.
What are residence cards? According to the Act on Foreigners, Article 242 states:
“A residence card, during its validity period, confirms the identity of a foreigner during their stay in the territory of the Republic of Poland and entitles them, along with a travel document, to multiple crossings of the border without the need for a visa.”
The residence card is a document issued to foreigners who have been granted:
- Temporary residence permit,
- Permanent residence permit,
- Long-term EU resident permit,
- Refugee status,
- Supplementary protection,
- Permission for humanitarian reasons.
The holder of a residence card may travel to and stay in the territory of other Schengen area countries without the need for a Schengen visa for a period not exceeding 90 days in any 180-day period.
Are you an employer considering hiring a foreigner? Unsure whether to apply for a work permit or a temporary residence permit? Feel free to contact us. Our specialists will provide answers to these and other questions. We will assist you in correctly submitting the application and efficiently conducting the procedure for obtaining a permit, as well as providing comprehensive support for foreigners.
LEGAL BASIS
Act on Foreigners of December 12, 2013 (Journal of Laws of 2021, item 2354).
