A temporary residence permit is a document that allows a foreigner to legally reside in Poland and, in some cases, also work. This permit is issued at the request of the foreigner for a maximum of 3 years. Exceptions include permanent residence permits and long-term EU resident permits, which are granted for an indefinite period.
Types of temporary residence permits
There are different types of temporary residence permits depending on the purpose of stay. These permits vary in duration and require different sets of documents. The most common and frequently requested permits are for: work, studies, staying with a Polish citizen, running a business, staying with another foreigner, or being a posted worker. There are also less common purposes such as: conducting scientific research, being a victim of human trafficking, long-term mobility of researchers, short-term stay, or special circumstances.
While the specific purposes vary, the main goal is the same – to legalize one’s stay in Poland.
What Is the EU Blue Card?
In recent years, one of the more popular purposes for residing in Poland has become the EU Blue Card. It applies to foreigners working in professions requiring high qualifications. This permit is often sought by professionals in IT, engineering, finance, and similar fields.
The EU Blue Card was introduced by the European Council in May 2009 and became part of Polish law in 2012, based on an earlier version of the Foreigners Act.
What documents are needed to apply for the EU Blue Card?
The documents required for an EU Blue Card are similar to those for a standard work permit under Article 114 of the Foreigners Act. These include: a completed and signed application form for temporary residence, four biometric photos, proof of accommodation (rental agreement, deed, etc.), proof of payment of application fees, annex No. 1 signed by the employer, plus KRS or CEIDG registration, a labor market test result (if required for the job), proof of health insurance in Poland.
Additionally, the foreigner must include a work contract valid for at least one year, with a salary not lower than 150% of the average wage in Poland in the previous year.
The final requirement that a foreign national must meet in order to obtain a temporary residence permit with the annotation EU Blue Card, is to present documents proving their high qualifications, which must be directly related to the new job they will be performing. This can include five years of professional experience, evidenced by a work book or employment certificates, or a diploma of higher education. The higher education studies must have lasted at least three years. All documents confirming the foreign national’s high qualifications must be translated into Polish by a sworn translator.
The processing time for a Blue Card application depends on the individual case and follows the Administrative Procedure Code and the Foreigners Act. It typically takes several months up to a year.
EU Blue Card – what privileges do you get?
Interestingly, despite the passage of time, the EU Blue Card remains a little-known and unfamiliar topic for many foreigners. It is quite common for individuals who actually qualify for a temporary residence and work permit under the Blue Card scheme to instead apply for a “regular work permit,” thereby missing out on a number of important benefits they are entitled to. These include, for example:
- Flexibility in permits and the labor market
According to Article 135(1) of the Act on Foreigners, a temporary residence permit for the purpose of performing work in a profession requiring high qualifications may be amended at any time upon the foreigner’s request. This applies to foreigners who change to a different job position, receive a lower salary than specified in the permit, or even those who completely change their employer.
Unlike a standard work permit, a foreigner doesn’t need to submit a new application—just inform the relevant Voivode (provincial authority) about the change in employment terms. Moreover, after two years from the issuance of the permit, changing jobs or employers may no longer require any changes to the permit, provided certain conditions are met.
- Possibility of family reunification
Family members of a foreigner with a Blue Card can join them by applying for a residence permit for the purpose of staying with a foreigner (based on Article 159(1)(1)(h)). These family members have full access to the labor market and do not need a separate work permit.
In addition, the Blue Card holder may submit residence applications on behalf of family members who are currently outside of Poland.
- Easier access to family benefits
According to Article 1(2)(2) of the Family Benefits Act, family benefits are available to foreigners residing in Poland on the basis of a temporary residence permit granted under Article 127 (i.e., the EU Blue Card).
These benefits include:
- Family allowance and related supplements.
- One-time birth grant.
- Care benefits: nursing allowance, caregiver allowance.
- Special caregiver’s allowance.
- Caregiver’s allowance as a benefit resulting from the judgment of the Constitutional Tribunal of 5 December 2013, case reference no. K 27/13.
- Parental benefit.
If the foreigner qualifies for the family allowance (subject to income criteria), they may also apply for:
- Birth supplement.
- Supplement for childcare during parental leave.
- Supplement for single parenthood.
- Supplement for large families.
- Supplement for education and rehabilitation of a disabled child.
- Supplement for a child studying away from home.
- Supplement for school year commencement.
4. Mobility within the EU
A foreigner who has resided for eighteen months in the first EU member state based on the EU Blue Card, along with their family members, may (upon meeting certain conditions) move to a member state other than the first one to take up employment in a profession requiring high qualifications.
5. Easier access to long-term EU resident status
According to EU directives, a Blue Card holder who changes country and job within the EU does not lose the years of residence already accumulated in other Member States, which count towards obtaining long-term EU resident status.
To sum up, the EU Blue Card offers not only attractive financial conditions but also a range of benefits that can significantly ease the process of starting a new life in Poland or elsewhere in the EU—for both the foreigner and their family.
