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Information for foreigners

FAQ's

Basic information 

 

1. Under what rules can a foreigner work in Poland?

General rules for employing foreigners are provided in the guide on the website Materials for downloading: Click. In order to be able to work in Poland legally, a foreigner must have a legal residence basis and the opportunity to work for a specific employer. The rules for issuing work permits are given in the Window EMPLOYER: Click. 

The rules for issuing residence permits are given in the Window RESIDENCE PERMITS: Click. 

2. My visa or my stay within the framework of visa-free traffic is expiring. How can extend my legal residence in Poland?

A foreigner whose visa or residence within the framework of visa-free traffic is expiring, but they want to continue their stay in Poland ought to submit, as a matter of principle, an application for granting

RESIDENCE PERMITS: ClickVISA EXTENSION: Click is possible in extraordinary cases that are impossible to predict. The citizens of some Latin American countries have the possibility of obtaining an extension of STAY WITHIN THE FRAMEWORK OF VISA-FREE TRAFFIC Click. In each case, appropriate applications must be submitted on the last day of legal residence in Poland at the latest. Moreover, the citizens of the USA and some other states have the possibility of renewing their stay within the framework of visa-free traffic after leaving the Schengen area each time  (it applies to a stay in Poland only). A list of these countries is available on the website of the Office for Foreigners: Click. 

Detailed information on the rules of crossing the border may be also provided by the Border Guard.

 

3. The validity of my temporary residence permit is expiring, how I can “extend” it?

There is no possibility of "extending" a temporary residence permit. You must apply for another RESIDENCE PERMITS: Click or leave Poland before the end of the validity of the current one.

 

4. The validity of my Residence Card issued in connection with a permanent residence permit/a residence permit of long-term EU resident/settlement is expiring. How can I extend it?

One must submit an application for issuing/replacing the Residence Card in accordance with the procedure on the website Residence Card: Click.  An application for issuing a residence card ought to be submitted at least 30 days before the expiry of the document held.

 

5. What is ”the staroste’s information”?

The labour market test is the staroste’s information on the inability of satisfying the employer's staffing needs on the basis of the registers of the unemployed and jobseekers or on the negative result of recruitment organized for the employer. In order to obtain it, the employer submits an employment offer for the position on which a foreigner will be employed to the district  employment office competent for the main place of work performed by a foreigner. The staroste's information is one of the documents required when applying for a work permit and a temporary residence and work permit. The information in which cases it is not required is on the websites: (link) and (link) respectively.

 

6. I have submitted an application for issuing a residence permit at the registry office; when will the office contact me? 

Due to a large number of cases considered, the waiting time for registering an application and issuing the first request to complete documents in the case of applications submitted through the registry office or post is even several months. This does not apply to the documents submitted in already pending proceedings, which are forwarded to inspectors immediately.

 

7. I have got the Polish Charter, how can I stay and work in  Poland; when can I  obtain the Polish  citizenship? 

A holder of the Polish Charter can come to Poland also on the basis of a visa. They can submit an application for granting a permanent residence permit in the course of a legal stay in Poland: Click. A foreigner is obliged to return the Polish Charter after obtaining a permanent residence permit. The holders of Polish Charters may take up work in Poland without the necessity of obtaining an additional permit.  A foreigner may submit an application for being recognized as a Polish citizen after one year of residence in Poland on the basis of permanent residence permit. The rules for granting the Polish citizenship are described  at the website: Click. 

 

8. How can I gain access to the files of my case?

On 11 June 2018,  an Internet calendar  pertaining to accessing THE FILES IN THE CASES IN THE SCOPE OF RESIDENCE LEGALIZATION was launched. Getting access to the files is possible EXCLUSIVELY in the cases pending before the Mazovian province. While arranging access to the files, the reference number of the case must be ABSOLUTELY given, otherwise the prior preparation of the files for accessing shall not be possible, the name and surname of a foreigner and the person getting access to the files in order to establish their right to access the files of a case. The Office reserves the right to  cancel a visit in the case of no verification or negative verification of the data included in a form. Familiarizing with the files shall be possible at a desk of the Registry Office. The time of 20 minutes is assigned for accessing one case.

At the same time, we inform that the person giving access to the files of a case  DOES NOT GIVE information in connection with the proceedings pending, but gives access to the files only in order to make their copies, photographs, and notes. There will be no possibility of attaching documents to the files of a case while accessing the files, either.

We hope that the solution proposed shall be met with Your interest, and it shall replace the current traditional  application for accessing files. At the same time, we inform that an application for accessing the files of closed cases ought to be submitted in the same way as until now, in the written form through the registry office or the post.  

 

9. What is a  stable, regular source of income?

While submitting documents for some types of residence permits, a foreigner ought to show a stable and regular source of income that is sufficient for supporting oneself and the members of one’s family in Poland. It has amounted to at least net 528PLN per person in a family or net 701PLN in the case of a single-person household since 1 October 2018. A document confirming the possession of a stable source of income can include an employment agreement, an agreement of mandate or a lease agreement guaranteeing the lessor a stable, regular income, etc. A bank account statement is not a document confirming a stable, regular income as it presents the balance of a bank account at a given moment only so it is an exhaustible source of income.  Therefore, the source of regular inflows to the account ought to be documented in their case. It is possible to present the documents confirming the income of the family member earning money, e.g. a parent’s employment agreement in the case of applications for a residence permit for family members (e.g. children, spouses).

 

10. Who can submit an application for a residence permit in the case of minors?

An application on behalf of a minor can be submitted by the parents or one parent (the authorization on the part of the other parent is not necessary) and a guardian established by the court. A plenipotentiary of a parent staying abroad cannot submit an application for a residence permit on behalf of a minor.

 

11. I have changed my residence address, what should I do?

The Office ought to be informed about each change of a residence address and a correspondence address in the written form by submitting a letter through the registry office or sending by post. If a foreigner has a Residence Card issued already, and the address of residence provided has changed, an application for issuing/replacing a Residence Card ought to be submitted in accordance with the  information at the website Residence Card: Click

 

Completing documents

 

NOTE! Detailed information on the rules of completing documents  in the cases regarding granting a residence permit is placed at the website: RULES OF COMPLETING MISSING DOCUMENTS IN PENDING PROCEEDINGS: Click

 

1. When should one submit documents after receiving a request?

Documents ought to be submitted within the term and  on the terms indicated in the contents of the request.

The first day of the term is the next day after the letter is delivered (which means that if a letter is received e.g. on the 1st September  and the deadline for completing documents is within 7 days, the 2nd September is the first day and the 8th September  the last day of submitting them).

NOTE! In accordance with the Code of Administrative Proceedings, requests not collected by the addressee are also deemed to be effectively served. In the event of a failure to collect a letter, the letter carrier leaves a notice of submitting the letter, for example, at the post office with information about the possibility of collecting the letter within 7 days. If the parcel is not picked up within this period,  a second notice of the possibility of collecting the letter within a term no longer than 14 days from the date of the first notification is left. After the lapse of these 14 days, the letter is deemed to have been served, and it goes to the files of the case.

For this reason, it is important for a party to proceedings to inform the Office immediately of any changes of the correspondence address.

 

2. What will happen if I do not submit the documents within the deadline specified in the request?

In the case of requests for competing formal deficiencies (in accordance with art. 64 of the Administrative Procedure Code), a failure to complete formal deficiencies within the required period may result leaving in the application without processing. In the event of a failure to meet the deadline, a party may request a reinstatement of the deadline, if it makes it probable that the fault  has occurred without their fault. The request ought to be submitted within 7 days of ceasing the cause of the failure.

In the case of requests for completing substantive deficiencies, a failure to submit documents within the indicated term may result in extending proceedings or a negative decision.

 

3. I have received a request from the Office, I do not understand what documents exactly I ought to deliver and in what way?  

The list of required documents with an exact explanation is to be found in the request sent by the Office; one ought to read the letter carefully in connection with this, most of all.  In the case of residence permits, the list of required documents is also provided at the Internet website for checking a case status. The explanation regarding the exact meaning of some types of required documents is also placed at the Office’s website in the respective bookmarks. Current information on the rules of completing documents is also placed there.

 

4. What do “a declaration on the number of dependents under penalty of perjury” and “a declaration” mean? 

In a declaration on the number of dependents, a Foreigner declares how many dependents they have. The so-called “Declaration” can be downloaded from the website: the Templates of the letters used most frequently: Click

 

5. What does ”the document confirming meeting the obligation under art. 113 of the Foreigners Act” mean? 

A foreigner who has been granted a temporary residence permit is obliged to inform the province governor who has granted this permit about the cessation of the reason for granting the permit within 15 working days. A foreigner may be requested to submit a document confirming the performance of this obligation (e.g., if they have finished working at an employer on the basis of which they have received a temporary residence and work permit before its expiry), for example, a photocopy of a letter on this subject stamped by the Office in which it has been submitted or a declaration written by themselves with an explanation in this matter.

 

6. The request lists some documents which I have already submitted in the Office. Why am I requested to complete them again?

In the case of some documents, e.g.  the confirmation of insurance, funds on an account or income source, it is necessary to deliver their update in the course of the procedure of issuing a decision. Apart from this, there are sometimes some errors or deficiencies in the documents submitted by a foreigner earlier; then, it is indicated in the request from the Office exactly what ought to be completed. A situation in which a document has been submitted by a party, but a request has been sent before it has reached the person conducting proceedings may also happen very seldom. If a foreigner is certain that they have submitted all the documents properly, they are not able to deliver a document or there are other circumstances, they can write a declaration in the case.

 

7. I have submitted an application for a temporary residence permit, but the circumstances in connection with which I am planning to stay in Poland have changed in the course of the procedure (e.g. I was a student; however, I have found work now and I want to obtain a decision on this basis. What should I do?

If the circumstances in connection with which a foreigner is planning to stay in Poland have changed before issuing a decision on a temporary residence permit, they can submit a written request for changing the basis of the decision issued attaching the documents required in the new  circumstances, and making an additional payment for considering the case, if need be (if the current payment has been PLN 340 because of studies, and now they are applying because of work for which the payment is PLN 440, one ought to pay PLN 100 additionally to the indicated account).

  

8. I have not collected correspondence from the Office.  What should I do?

If the correspondence has been served properly to the address provided in the application, and has not been collected, it is returned to the Office with the annotation “return not collected within term.” In accordance with the regulations, it is considered to be served properly and it is attached to the files of the case. In such a case, it is possible to contact this Office through the contact form (Contact Form: Click), if the request has not pertained to formal deficiencies in a request or submit a letter with a request for extending proceedings with the explanation of the situation that has taken place.

The stay of a foreigner in Poland and the obligation of returning

  1. The same information of the case status still appears at my website for checking the case status, why? 

There are delays in the registration of cases into IT systems and the timely conduct of administrative proceedings due to a significant increase of applications for residence permits being submitted; in connection with this, the term for undertaking action in a case and updating the case status can be subject to extension.

 2. The expected term of issuing a decision in my case has elapsed; what can I do?

There are delays in the timely conduct of administrative proceedings due to a significant increase of applications for residence permits being submitted; in connection with this, one ought to expect correspondence  in the case sent through Poczta Polska or possibly other information on extending or ending proceedings.

 

2. I have received a negative decision, a refusal to grant a residence permit. When should I leave Poland? 

A foreigner is obliged to leave the territory of the Republic of  Poland within the term of 30 days from  the day on which the decision on refusing a residence permit  has become final, and in the case of  issuing a decision by a superior authority (the Office for Foreigners)– from the day on which the decision has been served to the foreigner. After issuing a decision by the Province Governor, a foreigner has  14 days for submitting an appeal according to the instruction.  Hence, the term for leaving Poland is counted after the expiry of an appeal term. In case of submitting an appeal, a foreigner’s stay in Poland  is legal throughout the whole duration of an appeal procedure.

 

3. I have submitted an application for a residence permit in Poland. When will I be able to obtain a stamp in my  passport and what does it entitle to?

A stamp in the passport can be obtained after submitting a complete application (i.e. without formal deficiencies) for granting a residence permit. This means that in the case of applications submitted through the Registry Office or  by post, when fingerprints have not been taken and the passport has not been shown, obtaining the stamp is possible only after completing these deficiencies in accordance with the request. A stamp in the passport confirms the legality of a foreigner’s stay in Poland during the procedure of issuing a residence permit. On its basis, a foreigner may leave for the country of origin; however, the stamp does not authorize to travel across the Schengen zone or to enter other countries, if a foreigner is not authorized on another basis (e.g. a visa) to enter their territory. In some cases, a foreigner staying on the basis of a stamp can continue employment (Foreigners  exempt from the obligation of possessing a work permit: Click).

The rules of submitting  documents in the cases  regarding granting temporary residence permits are described at the website: THE PLACE OF SUBMITTING APPLICATIONS FOR RESIDENCE LEGALIZATION, THE RULES OF ACCEPTING THEM, AND MAKING APPOINTMENTSClick. 

 4. My application has been left without processing. What does it mean, what should I do, is my residence in  Poland legal?

The residence in Poland after the expiry of a visa, residence card, visa-free traffic stops being legal in the case of leaving an application without processing. A foreigner should leave Poland.

A foreigner has the possibility of submitting a request for reinstating the term for completing formal deficiencies of an application. One ought to complete formal deficiencies together with the request, and make the lack of fault connected with not observing the term of completing them probable. One ought to remember that the aforementioned request ought to be submitted within the term of 7 days from the cessation of the reason for not observing the term.

 

 

5. ”In accordance with art. 113 of the Foreigners Act, a foreigner who has been granted a temporary residence permit notifies the province governor that has granted this permit about the cessation of the reason for granting the permit within the term of 15 working days”- what does it mean? How should I  inform the province governor about the cessation of the reason for granting the permit?

The foreigner who has been granted a temporary residence permit has got the obligation to  notify the  province governor that has granted this permit about the reason for the cessation of the reason for granting the permit (e.g. after completing studies, finishing work, the cessation of other circumstances) within the term of 15 working days. The information ought to be submitted in the written form.

 

6. I have  submitted an application for granting a residence permit but I have decided to give up further residence in Poland in the course of the procedure. How can I finish the proceedings in my case and leave Poland legally?

One ought to submit an application for the discontinuance of proceedings in such a situation. It is possible to leave the territory of Poland legally possessing a valid title of residence, e.g. a residence card, a visa, within visa-free traffic, possessing a stamp in the passport confirming submitting an application for residence legalization.

 

7. I have got a  temporary residence permit; however,  I would like to give it up and leave Poland.  What should I do?

 

If the reason for granting a foreigner a permit ceases,  a foreigner is obliged to inform the province governor that has granted the permit about the cessation of the reason for granting a permit within the term of 15 working days, e.g. about completing studies, finishing the performance of work, crossing out from the list of students, giving up studying, closing business activity.

A foreigner can leave Poland after fulfilling this obligation, and the province governor withdraws the permit granted.

8. I have lost/destroyed my Residence Card, what should I do?

The procedure of replacing a Residence Card is  described at the website  Residence Card: Click

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Published by Marcin Olechowski, 06.08.2019, Number of hits: 3576, Change Log