A TEMPORARY RESIDENCE PERMIT FOR THE PURPOSE OF CONDUCTING SCIENTIFIC RESEARCH

The residence permit mentioned in art. 151 of the Foreigners Act may be granted to a scientist, i.e. a foreigner possessing at least a professional title corresponding to a master degree or an equivalent in the Republic of Poland, enabling the application for the Ph.D. degree, whose purpose of stay in Poland is to conduct research or development work in a scientific unit with the registered office on the territory of the Republic of Poland approved by the minister in charge of internal affairs.

A residence permit is granted for the period that is necessary to achieve the purpose of a foreigner's stay on the territory of Poland over 3 months to 3 years with the possibility of applying for further permits.

This permit entitles to performing work without the necessity of obtaining a work permit additionally. The annotation "access to the labour market" and "a scientist" is placed in a residence card issued in connection with granting a temporary residence permit to a foreigner.

An agreement on admitting a scientist for the purpose of conducting  scientific research or development work  

This agreement may be concluded between a researcher and a scientific unit mentioned in art. 7 para. 1 pt. 1, 2 and 4-8 of the Higher Education and Science Law Act of 20 July 2018 – (Journal of Laws, item 1668, as amended), which has been approved for this purpose by the minister in charge of internal affairs.

The current list of approved scientific units is announced in the official journal of the minister in charge of internal affairs.

A scientific unit may conclude an agreement with a scientist to admit them in order to conduct scientific research or development work, if their conduct has been approved by the competent bodies of a scientific unit.

When considering the approval of conducting scientific research or development work, the competent authorities of a scientific unit take into account:

1) the purpose and duration of research or development work and the financial resources necessary to carry them out;

2) documents confirming a scientist's qualifications relevant to research or development work carried out.

An agreement on the admission of a foreigner for the purpose of conducting scientific research or development work is concluded as an employment agreement, a specific task contract or a contract of mandate, which specifies:

a) the title or purpose of scientific research or development work or their subject,

b) obliging a researcher to participate in conducting scientific research or development work,

c) obliging a scientific unit to provide a researcher with conditions for fulfilling their obligations,

d) the date of starting and finishing or the estimated duration of research or development work,

e) a researcher’s remuneration and other conditions of their work,

f) information on planned research or development work on the territory of other EU member states.

Additionally, a scientific unit ought to issue a written statement to a researcher, in which it undertakes to bear the costs of issuing and implementing a decision on a foreigner's obligation to return, if the decision to oblige a foreigner to return has been issued and executed before the expiration of 6 months from the expiry of the agreement on admission in order to conduct scientific research or development work; and the basis for issuing this decision has been a foreigner’s stay on the territory of the Republic of Poland without a valid visa, if it has been required, or another valid document authorizing them to enter this territory and stay there.

A temporary residence permit - for a researcher looking for work or planning to start business activity

A residence permit that is mentioned in art. 151 of the Foreigners Act may be granted to a foreigner who has stayed on the territory of Poland on the basis of a temporary residence permit for the purpose of conducting scientific research right before submitting an application for granting a temporary residence permit, has finished conducting scientific research or development work, and is looking for work on the territory of Poland or is planning to start  conducting business activity on this territory.

A temporary residence permit is granted if the circumstances that are the basis of applying for  this permit justify a foreigner’s stay on the territory of the Republic of  Poland for a period longer than  3 months.

A temporary residence permit is granted once, immediately after the end of conducting scientific research or development work  for the period of 9 months.

After obtaining this permit, a foreigner may perform work in Poland without the necessity of possessing a work permit. An annotation “access to the labour market” is placed in a residence card issued in connection with granting a temporary residence permit to a foreigner.

Short-term mobility of a scientist

The holders of a residence document that is mentioned in art. 1 para. 2 letter of Council Regulation (EC) no. 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-party nationals (EU Official Journal L 157 of 15.06.2002, p. 1, as amended) or a long-term visa with the annotation “scientist,” issued by another member state of the European Union applying  Directive (EU) 2016/801 of the European Parliament and of the Council  of 11 May 2016 on the conditions of entry and residence of  third-party nationals  for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (recast) (EU Official Journal L 132 of 21.05.2016, p. 21) (thus, it does not pertain to the documents of residence issued by Great Britain, Ireland, and  Denmark) including a country not belonging to the Schengen area may benefit from the short-term mobility of a scientist on the territory of the Republic of  Poland within the period not exceeding the validity of this  residence document or a long-term  visa, which means the right of entry, the right of residence, and for the  purpose of conducting parts of scientific research  or development work  in a scientific unit  possessing a registered office on the territory of Poland within the period of  up to 180 days within any period of  360 days regardless of the possibility of using this  mobility in other EU member states applying  directive 2016/801/UE on specified conditions.

A foreigner who is a scientist can benefit from the short-term mobility of a scientist, if the following terms and conditions are met jointly:

1) the aim of a foreigner’s stay on the territory of the Republic of Poland who is a scientist  is conducting  a part of scientific research  or development work in a scientific unit  with the registered office on the territory of the Republic of Poland approved by the minister in charge of internal affairs;

2) the residence document possessed by a foreigner that is mentioned in art. 1 para. 2 letter  a of Regulation no. 1030/2002 or a long-term visa issued by another member state of the European Union includes an annotation  “a scientist.”

A condition for a foreigner to benefit from the short-term mobility of a scientist on the territory of Poland is that the Head of the Office for Foreigners:

• has received a notification of a foreigner’s  intention of making use of this mobility from a scientific unit  with the registered office on the territory of the Republic of Poland  approved by the minister in charge of  internal affairs,
•  has not issued a decision on objection within the term of 30 days.

A notification ought to be drawn up in the Polish language; it ought to be submitted in the written form, in the paper or electronic form submitted to the electronic inbox of the Head of the Office for Foreigners. This notification is not submitted to a province governor!