A residence permit for a fixed period is for foreigners who are going to stay in Poland for a given period (longer than 3 months) to study, work or because of their family situation.

 

Such a permit can be granted to a foreigner who:

a)      possesses a work permit or an employer's written statement confirming his/her intention to hire a foreigner if a work permit is not required, or

b)      performs economic activities that are profitable for national economy, or

c)      is planning to continue his/her approved artistic activities in Poland, or

d)     is participating in vocational trainings or internships realized within the frames of the EU projects, or

e)      is a spouse of a Polish citizen, or

f)       is an already living in or entering Poland family member of a foreigner who is residing in Poland due to: a permit to settle/a long-term residents' EC residence permit/ a status of refugee/subsidiary protection/a residence permit for a fixed period, or

g)      is a minor child of a foreigner born on the territory of Poland who is staying in Poland with no care being taken of him/her, or

h)      possesses a long-term residents' EC residence permit issued by another EU country and is planning to: work/perform economic activities/begin or continue studies or vocational training or proves that there are other important circumstances that justify his/her stay in Poland, or

i)        is a family member – a spouse or a child (also an adopted child or a spouse's child) of a person defined in h), or 

j)        is a victim of trafficking in human beings who stays on the territory of Poland. It applies to persons who cooperate with relevant authorities conducting proceeding in a case of trafficking in human beings and who broke off all contacts with persons suspected of conducting criminal deeds defined as trafficking in human beings; or

k)      is staying in Poland for the purpose of beginning or continuing studies on the territory of Poland. In this case a foreigner is obliged to present a certificate of admission to studies as well as a payment slip of payment made to cover all the costs that are required by a university, or

l)        is a scholar and is planning to conduct scientific research based on an agreement to realize a scientific program that a Polish scientific entity is a party to. It does not apply to individuals planning to conduct a research as doctoral students and persons delegated to Polish universities by those located outside the EU.

 

It is important for a circumstance defined by a foreigner to justify his/her stay in Poland for a period of time that is longer than 3 months.

 

 

A residence permit for a fixed period is not granted to a foreigner:

-        who does not meet the above listed criteria,

-        whose data is registered in records of foreigners whose stay on the territory of Poland is undesirable,

-        whose data is registered in the SIS (Schengen Information System) for purposes of deciding on refuse to enter,

-        who got married to a Polish citizen or a foreigner who is a resident of Poland if a marriage was concluded to abuse relevant provisions,

-        if it is required to do so because of public safety and order as well as protection of the state's interests,

-        if during the proceedings false documents were presented, a foreigner gave false testimony or concealed important information,

-        a disease or an infection were discovered and a foreigner qualifies for mandatory treatment or there is a suspicion that such disease or infection may occur and a foreigner does not approve of relevant treatment,

-        who does not fulfill fiscal obligations, for example does not pay taxes,

-        who did not pay back the expulsion costs covered from the state's budget,

-        who is staying on the territory of Poland illegally.

 

 

In order to be granted a permit an application must be submitted. To issue a permit for a child a child's parents or statutory guardians need to approve of that. An application should be submitted to a department of foreigners (or its unit) situated in a voivodship office. The relevant addresses of particular offices and their units can be found at websites of all the voivodship offices.

A form can be provided in an office or found at websites. For instance at http://www.bip.mazowieckie.pl/cmsws/page/?D;1141 .

 

It should be remembered that some voivodship departments have different requirements in terms of kinds of documents to be enclosed (for example a number of photographs). Therefore it is worth getting suitable information in a particular office or at its website. Nevertheless what is usually required is to submit a request in four copies and to enclose the below listed documents:

-        4 color photographs (sized 4,5 x 3,5 cm)

-        a valid travel document (i.e. a passport) – 2 photocopies and an original to be seen. In specific cases in which a foreigner does not have a travel document and is not able to get it, he/she can present another document that certifies his/her identity,

-        a certificate of temporary accommodation,

-        a legal title to use a dwelling that a foreigner is planning to stay at. A contract to lend a dwelling is not considered such a legal title unless a person who lends it is a child/a grandchild/a grandparent/a spouse/a parent-in-law or a sibling of a foreigner.

 

Additionally the following documents should be enclosed:

- a work permit,

- a promise (or extension of a promise) that work permit will be issued,

- contract of work or a civil contract to perform work activities (umowa zlecenie/umowa o dzieło)

- relevant fiscal forms – PIT-37 or PIT-40 for the previous year,

- a certificate confirming that a foreigner fulfills all the fiscal obligations, issued by a relevant fiscal office,

- documents confirming health insurance or insurance to cover possible costs of medical treatment in Poland,

- documents confirming the costs of accommodation,

- a notarial act confirming that a company does exist,

- an excerpt from the National Court Registry (KRS),

- a balance of the company,

- a relevant fiscal form – CIT-8 – for the previous year,

- a ZUS (social insurance document) – collective and individual for a previous month,

- a list of payments made in favour of employees,

- a certificate confirming that the company is fulfilling the fiscal obligations,

- a filled in information form on performed economic activities (a form can be downloaded from the form to be downloaded and filled in)

- a permit to perform work activities by a foreigner for a period of his/her stay based on a permission or a visa,

- an extension of a promise of issuing a work permit,

- a contract of work or other civil contract to perform work activities (umowa zlecenie/umowa o dzieło) or other document that is the basis for payment,

- relevant fiscal forms – PIT-37 or PIT-40 of a foreigner for the previous year,

- a certificate confirming that a foreigner fulfills his/her fiscal obligations, issued by a fiscal office,

- a document confirming health insurance or insurance to cover possible costs of medical treatment in Poland,

- documents confirming an amount of accommodation expenses,

- documents confirming cooperation with relevant authorities conducting proceedings in a case,

- a certificate of admission to studies issued by a unit providing studies,

- a payment slip proving covering of any fees required to begin or continue studies,

- documents confirming possessing of financial resources to cover the costs of maintenance and return as well as costs of studies,

- documents confirming possessing of health insurance,

- a certificate of admission to school issued by a unit providing education,

- documents confirming possessing of financial resources to cover the costs of maintenance and return,

- documents confirming possessing of health insurance,

- a certificate of admission to a vocational training,

- documents confirming stable and regular source of income that is sufficient to cover the costs of self-maintenance and maintenance of family members who need to be taken care of,

- documents confirming possessing of health insurance,

- documents confirming an amount of accommodation expenses,

- a guiding letter issued by an order or religious association confirming a fact and a period of education or preforming certain activities as well as confirming that a relevant institution covers all the costs of maintenance and accommodation,

- documents confirming possession of health insurance,

- documents confirming the basis of activity of a church or other religious association on the territory of Poland,

- a transcript of an act of marriage,

- a copy of a spouse's national identification document,

- documents confirming a degree of relation between family members (civil acts: of marriage, of birth),

- documents that confirm possessing of a residence permit issued for a foreigner's family member who a foreigner is going to stay with,

- documents confirming stable and regular source of income that is sufficient to cover the costs of self-maintenance and maintenance of family members who a foreigner is obliged to take care of,

- documents certifying possessing of health insurance or insurance to cover possible costs of medical treatment in Poland,

- an agreement of persons who have parental control on a minor foreigner applying for a permit,

- documents confirming circumstances that are referred to in a request,

- documents confirming possessing of a stable and regular source of income hat is sufficient to cover the costs of self-maintenance and maintenance of family members a foreigner is to take care of,

- documents certifying possessing of health insurance or insurance to cover possible costs of medical treatment in Poland,

- documents certifying a degree of relationship (civil acts: of marriage, of birth).

 

The residence permit for a fixed period is issued within a month since the moment of submitting an application. In specific cases proceedings can be extended to a 2-month period.

The decision can be referred to the Head of the Office for Foreigners. It is done with inter-mediation of a voivodship governor. Written appeal should be submitted in a voivodship office within 14 days from the date of receiving a decision.

 

A fee of 340 zlotys has to be paid for the proceedings.

 

A permit has a date of expiration specified. It depends on a purpose of stay. It cannot though be longer than 2 years. If in that period a purpose will not be realized it is possible to apply for another permit. An application should be submitted 45 days before the expiration date of the previous permit (or a visa if it is the basis for a foreigner's stay in Poland). If an application is submitted within this term, a foreigner will get a national residence visa for the time of proceedings in his case. Then he/she can stay on the territory of Poland until the next permit is issued. But if a foreigner does not do that within the term, a visa will not be issued. That means that if during the time of proceeding his/her previous permit expires he/she will have to leave Poland and wait for a decision abroad. If a foreigner in such a case will not leave the territory of Poland a voivodship governor will refuse to issue a residence permit for a fixed period. As awaiting for a decision a foreigner is obliged to inform an office about each change of address. If a foreigner has to leave Poland he/she is required to give an address in Poland that a decision is to be sent to.

 

After receiving a residence permit for a fixed period a foreigner is obliged to register for temporary residence. He/she should also present a confirmation of registration at the moment of receiving a residence card (see a residence card).

 

Issuing a card is charged a fee that equals 50 zlotys.

 

 

A permit can be withdrawn if:

-        a reason for which it was issued ceased to exist,

-        a foreigner's data is recorded in the registry of foreigners whose residence on the territory of Poland is undesirable,

-        a foreigner concluded a marriage with a Polish citizen to abuse legal regulations,

-        it is required by the state's security and interests as well as by protection of the public security,

-        during the proceedings a foreigner gave a false testimony, submitted false documents or concealed important information,

-        a foreigner has been diagnosed illness or infection that is subject to mandatory treatment or there is a suspicion of such a disease or infection and a foreigner refuses to undergo medical treatment,

-        a foreigner did not pay back the costs of expulsion covered from the state's budget,

-        a foreigner is staying on the territory of Poland illegally,

-        a foreigner left the territory of Poland definitely.