Factors to consider when planning your application.
The question posed in the title of this article has kept many foreigners residing in Poland up at night. The complexity of the procedure and the differences in processing times for the same document across various cities are so significant that planning the submission of an application raises many concerns.
The process of applying for a residence card is a key step for foreigners who plan to stay in Poland for an extended period. When can one apply for a residence card? The right time to plan the application depends on many factors, such as the purpose of stay, type of visa, place of residence, or the expiration of legal stay. Below we present the key aspects that will help develop the best plan of action tailored to the foreigner’s situation.
Basis of stay – does it matter?
To better understand the topic, we will divide it based on the basis of foreigners’ stay in Poland:
- Visa or visa-free movement.
According to Polish law, a foreigner staying in Poland based on a visa or visa-free movement must submit an application before the expiry of their legal stay.
It is therefore crucial to submit the application, regardless of how it is delivered to the Office, no later than the last day of the visa’s validity or the visa-free period.
Failure to meet this deadline will result in a refusal to issue a residence permit. We will discuss this issue in more detail in the section titled Missed deadline – what now?
- Temporary residence permit.
Persons holding time-limited residence cards are mainly employees, students, entrepreneurs, and their family members. All foreigners who have previously obtained a residence permit in Poland are required to extend their legal stay before their current document expires. This means that the same rules apply to them as to visa holders or individuals entering Poland under visa-free travel — namely, the obligation to submit the application no later than the last day their stay in Poland is considered legal based on their current residence card.
Does correct mean optimal?
By following the rules described in points 1 and 2, we act in accordance with the law and meet all statutory deadlines. However, this does not necessarily mean the process is well-planned. For years, offices have been unable to process residence permit applications on time. The number of applications submitted has been growing faster than the number of employees at the Voivodeship Offices, resulting in waiting times of up to two years for residence permits in some regions. Despite numerous legislative amendments and the introduction of new solutions, the situation has not improved — certainly not for the better.
ASAP – the golden rule.
So when is the best time to start planning the process of obtaining a residence card? The answer is – as early as possible. Considering how long it takes to get a residence card and averaging the waiting times across all provinces, we can conclude that submitting the application even a year before your current legal stay expires is a smart move. It increases your chances of receiving the new document before the current one becomes invalid.
Foreigners often wonder whether their stay in Poland remains legal if the residence permit process is ongoing, but their previous legal basis has expired. The answer is yes – their stay will be allowed. However, their ability to cross borders will be limited.
This is another reason why submitting the application well in advance is recommended. Waiting until the last moment only brings stress and uncertainty, and the closer the deadline, the easier it is to miss it.
Missed deadline – what now?
According to the law, in most cases, temporary residence permits are refused if the foreigner submitted the application while staying illegally in Poland or is currently residing illegally in the country. This interpretation is based on Article 100(1)(9) of the Act of 12 December 2013 on Foreigners. However, there are several situations in which illegal stay does not constitute grounds for denial. These are exceptional cases where the procedure primarily concerns minors or persons applying for a residence permit due to short-term circumstances, and where it is in the interest of the Republic of Poland.
Don’t be afraid to seek professional help
When to apply for a residence card? Foreigners should start the process of applying for a residence card in Poland as early as possible, at least thirty days before the end of their legal stay. Taking action well in advance minimizes the risk of complications and allows them to fully enjoy the rights granted to foreigners legally residing in Poland, including the right to cross the Schengen Area border and re-enter Poland multiple times. Using the services of professional advisors from KartaPobytu enables precise planning of the process and significantly simplifies the preparation of the required documents. Expert assistance is also preceded by a thorough analysis of each case, which helps save time and reduces the risk of errors that could lead to an unfavorable outcome in the residence procedure.
