Procedure and ways of obtaining a temporary residence permit in Poland

 The most popular ways for temporary residence permit in Poland are:

• residence and work,
• business activity,
• residence with family,
• education

 As well there are other less popular methods to get temporary residence but they require special conditions to meet (f.e. EU Blue Card – for highly qualified employment; season work – similar to work permit, other circumstances – student of extra-mural studies, a graduate of polish university etc.)

               For example, when applying based on polish employment contract, apart main documents Department of Foreigners ask about more documents like:

- documents from employer confirming the ability to maintain an employee which means a stable and regular source of income sufficient to cover the costs of employees, also document confirming running of business activity (invoices, bank statements or other documents);

-  work certificates from the other employers if an Applicant worked in Poland before.

In case of submitting documents based on running business activity the business should be running for a minimum period of one year and documents confirming employment for full-time for an indefinite period of time for at least one year preceding the submission of the application of at least two employees who are Polish citizens or foreigners entitled to work without a work permit. The condition for obtaining a residence permit on the basis of entrepreneurial activity is to obtain a profit not lower than the average 12-months’ salary at the time of application, confirmed by CIT-8 in the previous year, is also accepted.

Residence with family is possible in two ways. Difference between them relies on work permit. In the first case family members of foreigner residing in the territory of Poland automatically get work permit against to the second way where foreigner need to apply for a work permit.

1. Reunification with family – the application is submitted in person or without the presence of the Applicant. If the Applicant isn’t on the territory of Poland at the day of submitting the application for example child, he can be represented by one of parents or  legal guardians established by the court, who are residing on the territory of Poland. In the case of a spouse, a person representing the interests of a foreigner who is outside Poland must have a power of attorney to submit documents on behalf of his spouse.

The physical presence is necessary in order to take fingerprints or after receiving a temporary residence permit. Coming to Poland is possible with a visa issued in foreign country on the basis of temporary residence permit.

2. Other circumstances - the application for a temporary residence permit is submitted only in person. The foreigner who is 6 year old or above on the day od submission documents is obligated to provide fingerprints. This statement does not relate to foreigners who is under 6 year old.

In all cases, the minimum period of proceeding is 4 months when the Applicant submitted a complete set of documents. The lack of documentation may provide to extension of the duration.