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Residence permit for temporary residence in Poland

Residence permits for a specified period of time are issued to foreigners on the basis of an administrative decision of the provincial governor made on the basis of an application.

Residence permit for a specified period of time applies to the foreigners who can prove that there are circumstances substantiating their residence in the Republic of Poland for a period longer than 3 months. The said circumstances include:
1.obtaining a work permit or, if a work permit is not required, a written declaration of an employer that he/she intends to employ the foreigner,
2.running a business activity on the basis of regulations of the Republic of Poland that is beneficial to the national economy, contributes to the growth of investments and transfer of technologies, introduction of beneficial innovations or creation of new jobs,
3.a foreigner with recognized artistic achievements continues his/her artistic activity in the Republic of Poland,
4.participation in professional trainings and internships under European Union programmes,
5.intention of a family member to reside together with the migrating employee, referred to in the European Social Charter adopted in Turin on 18.10.1961 (Dz.U. of 1999 No. 8 Item 67),
6.contraction of marriage with a Polish citizen,
7.arrival to or stay in the Republic of Poland for the purpose of joining the family,
8.residence in the Republic of Poland of foreigner's minor child that was born in this territory and remains without custody,
9.being a spouse or an adult child of a foreigner residing and staying in the Republic of Poland for at least 5 years on the basis of residence permits for a fixed period, granted in relation to joining the family,
10.stay in the Republic of Poland pursuant to residence permit for a fixed period, granted in relation to joining the family, in the case of becoming a widow or a widower, divorce, separation, death of an ascendant or descendant of the first degree, if a particularly important interest of a foreigner is at stake,
11.stay in the Republic of Poland pursuant to residence permit for a fixed period, granted in relation to contracting a marriage with a Polish citizen, in the case of becoming a widow or a widower or in the case of divorce or if a particularly important interest of a foreigner is at stake,
12.being a minor child of the foreigner with residence permit for a fixed period, born in the Republic of Poland,
13.possession of a residence permit for a long-term EC resident, issued by another European Union Member State and intention to perform work or economic activities on the basis of regulations effective in the Republic of Poland and taking up or continuation of studies or vocational training or demonstration that there are other circumstances justifying foreigner's residence in territory of the Republic of Poland;
14.being a family member who accompanies or intends to unite as a family member with a foreigner referred to in point 13, with whom the family member stayed in the territory of another European Union Member State,
15. being a victim of trafficking in human beings in the meaning of Council Framework Decision of 19 July 2002 on combating trafficking in human beings if a foreigner:
- stays in the Republic of Poland,
- undertakes collaboration with an authority competent for carrying out proceedings concerning trafficking in human beings,
- has given up contacts with persons suspected of offences related to trafficking in human beings,
16.arrival to or stay in the Republic of Poland in order to start or continue full-time higher education studies or full-time doctorate studies, also if the foreigner has started studies in the territory of another European Union Member State which he/she intends to continue or complete in the Republic of Poland,
17.being a scientist who arrives to or stays in the Republic of Poland in order to carry out scientific research on the basis of an agreement of employment for a research project implementation, concluded with a scientific institution approved by a minister competent for science,
18.possession of a residence document with an annotation "scientist", issued by another European Union Member State, if an agreement of employment in a research project implementation, concluded with a competent scientific institution of that country, provides for carrying out scientific research also in the Republic of Poland,
19.intention to begin or continue education or a vocational training in the Republic of Poland,
20.due to relationships of family nature - intention to join a Polish citizen or a citizen of a European Union Member State, a member-country of the European Free Trade Association (EFTA), which is a party to the Agreement on the European Economic Area, or of the Swiss Confederation, residing in the Republic of Poland,
21.being a clergyman, a member of an order, or a person performing religious duties in churches and religious associations the status of which is regulated by an international agreement, by provisions of acts on relationship between the state and church or another religious association and such associations which act pursuant to an entry to a register of churches and other religious associations, and foreigner's stay in the Republic of Poland is connected to duties performed by him/her or preparation to performance of such duties,
22.demonstration that there are circumstances other than the above.

Residence permits for a fixed period in relation to joining a family are granted to the family member of a foreigner who resides in the Republic of Poland:
1.pursuant to a settlement permit,
2.pursuant to a residence permit for a long-term EC resident,
3.who has been granted a refugee status,
4.in relation to granting a complementary protection,
5.at least 2 years on the basis of residence permits for a fixed period, including directly before submitting an application for granting a residence permit for a fixed period for a member of his/her family, on the basis of a permit granted for a period of stay not shorter than one year,
6.on the basis of a residence permit for a fixed period referred to in Article 53 Item 1 Point 17 and 18.

A foreigner's family member, referred to in point 7, 13 and 14 means:
1.a person being married to a foreigner provided that such marriage relation is recognized by the Polish law,
2.a minor child of the foreigner and the person in a marriage relation with the foreigner as recognised by the Polish law, including an adopted child,
3.a minor child of the foreigner, including an adopted child, who is foreigner's dependant and who stays under foreigner's parental custody,
4.a minor child of a person, referred to in point a), including an adopted child, who is foreigner's dependant and who stays under foreigner's parental custody.

Ascendant of the first degree is also regarded as a family member of an under-age foreigner who has a refugee status and stays in the Republic of Poland without custody.

Residence permit for a fixed period can be granted to a foreigner who stays in the Republic of Poland illegally, if:
1.regulations of Polish law require personal appearance of a foreigner before a Polish public authority;
2.exceptional personal situation of a foreigner requires his/her presence in the Republic of Poland;
3.wit is required by the interest of the Republic of Poland;
4.an authority competent for conducting proceedings concerning trafficking in human beings states that the foreigner is probably a victim of trafficking in human beings within the meaning of the Council Framework Decision of 19 July 2002 on combating trafficking in human beings (OJEC L 203 of 01.08.2002 page 1, special Polish publication of OJ, Chapter 19, Vol. 6 page 52)"

The said residence permits for a fixed period are granted for a period necessary to achieve the purpose for which the permit had been issued or until a decision is taken on collaboration with an authority competent for conducting proceedings concerning trafficking in human beings, not longer than 3 months. Pursuant to Art. 2 of the Foreigners Act: "a foreigner is each person without Polish citizenship"", regardless of the fact that he/she may have a citizenship of another country or be a stateless person. Pursuant to Article 2 of the Act on Polish Citizenship of 15 February 1962 (Dz.U. [Journal of Laws] of 2000 No. 28 Item 353, as amended) a Polish citizen, within the meaning of the Polish law, cannot be at the same time regarded as a citizen of another country". This means that pursuant to law effective both in Poland and abroad, Polish offices apply the principle of exclusive character of the Polish citizenship which forbids Polish citizens to possess citizenship of another country. The essence of the said principle is that a Polish citizen cannot be at the same time be considered a citizen of another country and that a Polish citizen cannot effectively refer before Polish authorities to his/her another citizenship.

Citizenship issues are dealt with by the Citizenship and Registration of Marital Status Division of the Department of Nationals' and Foreigners' Affairs.

Residence permit for a fixed period is granted each time for a period necessary for realization of the purpose of stay in the Republic of Poland not longer, however, than 2 years. If a foreigner stays in the Republic of Poland, the application for residence permit for a fixed period must be submitted to the provincial governor competent for the place of an intended residence, at least 45 days before the end of the period of stay allowed on the basis of a visa or the period for which a previous residence permit for a fixed period was granted. If an application is submitted on time, the province governor issues to a foreigner a national visa for the period of proceedings concerning granting a residence permit for a fixed period and cancels such visa after issue of the final decision. If the application is submitted less than 45 days before the end of stay on the basis of a visa or a period for which a previous residence permit for a fixed period was granted, and the proceedings have not been finalized before the expiry of the existing stay permit, a foreigner must leave the Republic of Poland and wait for the decision abroad. If a foreigner does not leave the Republic of Poland, the province governor has the right to refuse to grant a foreigner a residence permit for a fixed period. In the course of the proceedings foreigners, their representatives and proxies have the obligation to notify public authorities which conduct the proceedings of each change of their address, including temporary change, and in the case of going abroad, to indicate an address for notices in Poland. If such obligation is not fulfilled, a notification will be deemed delivered to the previous address. After receiving a decision allowing a residence for a fixed period in the Republic of Poland a foreigner is obliged to register his/her temporary residence (for the period of validity of such decision) and submit a confirmation of registration before collecting the residence card. A residence card is the document confirming foreigner's identity during his/her stay in the Republic of Poland and allowing the foreigner (when used together with a travel document) to repeatedly cross the border without the necessity to obtain a visa. A foreigner is obliged to collect the residence card in person or, if a foreigner is a minor below 13 years of age, the card must be collected by the minor's legal representative or a legal guardian. On 25.09.2008 a Regulation of the Minister of Labour and Social Policy of 26.08.2008 came into force on minimum amounts which certain groups of foreigners should have to provide for themselves in the Republic of Poland and to cover the costs of return.


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