Updated: 10.12.2024
Foreigners from non EU countries staying in Poland on the basis of a visa, visa-free regime or any other legal basis who wish to continue their stay beyond the legal period are required to apply for a temporary residence permit.
The temporary residence permit is issued if the foreigner intends to stay in Poland for more than 3 months. This permit can be granted for a maximum period of 3 years and is designed to cover a variety of purposes, ranging from employment and studies to family reunification or conducting business activities.
Comprehensive guide to temporary residence permits in Poland
Temporary residence permits are categorized based on the primary purpose of stay in Poland. When the foreigner has multiple purposes of stay (e.g., work and studies), they must choose the predominant reason for their residence.
The primary purpose of stay is crucial, as it determines the scope of rights associated with employment, business activities, or social benefits that the foreigner may be entitled to.
The Act on Foreigners lists various purposes for granting temporary residence permits, including:
- Temporary Residence and Work Permit (R&W): For foreigners whose primary purpose is to perform work in Poland for a specific employer and under the terms specified in the permit,
- EU Blue Card (BC): For highly qualified professionals planning to work in Poland. It requires proof of higher education or five years of relevant professional experience as well as receiving a high salary and an employment contract for a period of at least 1 year,
- Temporary Residence Permit for the Purpose of Intra-Corporate Transfer (ICT): For employees of international companies transferred to Polish branches or subsidiaries,
- Temporary Residence Permit for Conducting Business Activities: For foreigners planning to start and run a business in Poland in a form of a company or as a sole proprietor,
- Temporary Residence Permit for Performing Scientific Research: For researchers and scientists engaged in research activities,
- Temporary Residence Permit for Studies: For students enrolled in Polish universities or doctoral schools,
- Temporary Residence Permit for Graduates of Polish Universities: For graduates who want to stay in Poland to search for employment or start a business,
- Temporary Residence Permit for Family Reunification: For family members of foreigners legally residing in Poland,
- Temporary Residence Permit for Family Members of a Polish Citizen: For family members of citizens of Poland
- Temporary Residence Permit for Family Members of an EU/EFTA Citizen: For family members of citizens of the European Union or European Free Trade Association,
- Temporary Residence Permit for Family Members of a Migrant Worker: For family members of foreign workers employed in Poland,
- Temporary Residence Permit for Performing Seasonal Work: For foreigners employed in seasonal work sectors such as agriculture or tourism,
- Temporary Residence Permit for Members of the Management Board or Commercial Proxy: For foreign nationals serving as board members or commercial proxies in Polish companies,
- Temporary Residence Permit for Internships or Vocational Training: For foreigners participating in internships or training programs,
- Temporary Residence Permit for Humanitarian Grounds: For foreigners who require protection but do not meet the criteria for international protection,
- Temporary Residence Permit for Reuniting with a UK Citizen: For family members of UK citizens who were residing in Poland before Brexit,
- Temporary Residence Permit for Cultural or Educational Exchange: For participants in cultural or educational exchange programs,
- Temporary Residence Permit for Special Circumstances: For foreigners staying in Poland due to specific needs, state interest, or international obligations.
Each type of temporary residence permit provides a different scope of rights regarding employment and self-employment, for example:
| Type of residence permit | Exemption from the obligation to obtain work permits | Right to establish a sole proprietorship |
| for Performing Scientific Research | + | + |
| for Studies | + | + |
| for a Spouse of a Polish Citizen | + | + |
| for Family Reunification | + | + |
| for UK citizens – Brexit beneficiaries | + | – |
| for victims of human trafficking | + | – |
Selection of the main purpose of stay in the event of a convergence of purposes
Immigration offices (voivodes) check the correctness of the choice of the main purpose of stay, also in the event of their convergence.
A foreigner conducting business activity and at the same time employed under an employment contract cannot indicate the work as a main purpose of stay. This is unacceptable, because the applicable regulations require that running a business activity be treated as the purpose of stay that has an advantage over performing work.
However, in the event of the overlap of such purposes of stay as e.g. work and family reunification, the foreigner may indicate any of these purposes as the main one. Due to the fact that a temporary residence permit for the purpose of family reunification gives more rights to its holder (e.g. the right to work without a work permit, the right to register a sole proprietorship), it is worth choosing this purpose as the main one.
Application procedure for residence and work permit
The residence permit procedure is initiated by the foreigner, who must submit their application to the voivode competenr for their residence address in Poland.
As a rule, the application can be submitted only during the legal stay in Poland (e.g., while on a visa or during a visa-free period).
Each type of work permit requires different documents to be provided along with the work permit application. Lists of documents are published on local websites of the voivodeship offices:
List of voivodeship offices websites: https://www.gov.pl/web/gov/uw,
Here are the lists of documents for most common types of temporary residence permit:
Residence and Work Permit
- completed application signed by the foreigner,
- appendix 1 to the application – to be signed by the employer,
- 4 current color photos,
- valid passport / travel document (photocopies of all pages, original available for inspection),
- confirmation of fee payment (PLN 440),
- labor market test certificate unless exemption applies,
- documents proving qualifications, in particular as required by the labor market test certificate,
- documents confirming health insurance or coverage by the insurer of treatment costs in the territory of the Republic of Poland (e.g., printouts from ZUS – ZUS RCA for the past 3 months together with information about sending and confirmation),
- tax settlement, e.g. PIT declaration for a previous year submitted to the tax office,
- certificate of no arrears in taxes,
- statement confirming that the entity entrusting work to a foreigner has funds or sources of income necessary to cover the obligations arising from entrusting work to a foreigner and confirming the conduct of actual economic, agricultural or statutory activity,
EU Blue Card
The set of documents is comparable to documents required for Residence and Work permit described above, however, in addition the following documents shall be provided:
- employment contract, civil law contract, a contract for outwork – concluded for a period of at least 1 year with an annual gross remuneration resulting from the contract shall not lower than the equivalent of 150% of the average remuneration in the national economy in the year preceding the conclusion of the contract, as announced by the President of the Central Statistical Office (in 2022 the average remuneration is PLN 6.220,02),
- documents confirming higher professional qualifications (Bachelor or Master diploma) or document confirming at least 5 years of experience in a similar position,
- attachment no. 2 to the application for a temporary residence permit.
Delegated Employee Temporary Residence Permit
The set of documents are required is comparable to documents required for a Residence and Work permit above, however, in addition the following documents shall be provided:
- delegation letter and the foriegn employment contract,
- work permit,
- documents confirming accommodation in Poland.
How long does the process for a Polish residence permit take?
The processing time varies depending on the type of permit and location of submission. In practice, the processing usually takes from 4 to 12 months.
What are the fees for a temporary residence permit?
Application fees vary depending on the type of permit:
- PLN 440 for Residence and Work Permits and EU Blue Cards.
- PLN 340 for permits related to other types or residence permits.
- An additional PLN 100 is required for the issuance of the Residence Card.
Legal stay in Poland after submitting an TRP application
Once a foreigner submits an application for a temporary residence permit while legally staying in Poland (e.g., during the validity of a visa or under the visa-free regime), their stay is considered legal until the final decision is issued by the competent voivode—regardless of whether the decision is positive or negative. This legal status remains in effect even if the initial visa or visa-free period expires during the processing time of the residence permit application.
However, it is important to note that while the foreigner’s stay in Poland is considered legal during the procedure, the situation changes if they leave Poland. If the foreigner does not have a valid visa or the right to enter Poland under the visa-free regime, they will not be able to re-enter Poland.
Temporary leave from Poland during the TRP procedure
A foreigner is not required to remain in Poland for the entire duration of the temporary residence permit procedure. The law does not impose such an obligation, and the foreigner is free to travel outside of Poland during this period, if has a visa to do so.
However, it is crucial to remember that if the foreigner leaves Poland without a valid visa or visa-free status, they may not be able to re-enter Poland until they receive a new visa, this can cause difficulties if the foreigner needs to return to continue work or studies in Poland, so careful planning is recommended.
Personal presence and fingerprinting requirement
Foreigners who submit their application by post must remember that, regardless of the chosen submission method, they will need to appear in person at the voivodeship office to provide fingerprints. This is a mandatory step to complete the residence permit application process. Failure to provide fingerprints can lead to delays or even refusal of the application.
Verification of residence by the Police, Intelligence Agency and Border Guard
During the temporary residence permit procedure, the Police may visit the foreigner at the address provided in the application to verify whether they actually reside at the declared location. This visit is conducted to confirm the authenticity of the application and the foreigner’s intention to stay at the indicated address. It is important to ensure that all the information provided in the application is accurate and up-to-date to avoid any complications during this verification process.
Each submitted application for a temporary residence permit is also verified by the Internal Security Agency and the Border Guard, which prepare appropriate opinions and pass them to the voivode.
Key takeaways for a successful TRP application
Applying for a temporary residence permit in Poland can be a complex and lengthy process due to the detailed legal requirements and extensive documentation. It is advisable to consult with an experienced legal advisor to ensure the application is complete and submitted correctly, thereby avoiding unnecessary delays or potential issues.
Our firm offers comprehensive support to guide you through every step of the process, ensuring a smooth and successful application.
For further assistance or inquiries, feel free to contact our legal experts, who are ready to provide tailored advice and assistance according to your specific circumstances and needs.
FAQ – Temporary Residence Permit in Poland
What is the difference between a temporary residence permit and a permanent residence permit in Poland?
A temporary residence permit allows a foreigner to legally stay in Poland for a specific period, typically up to 3 years, based on defined purposes like work, studies, or family reunification. A permanent residence permit, on the other hand, grants indefinite stay and broader rights, such as easier access to Polish citizenship and social benefits.
What documents are required to apply for a Polish temporary residence permit?
The required documents typically include:
- A completed application form.
- A valid travel document (e.g., passport).
- 4 recent color photographs.
- Confirmation of stamp duty payment.
- Proof of stable and regular income.
- Supporting documents depending on the purpose of the stay (e.g., employment contract, marriage certificate, or confirmation of scientific research).
Additional documents may be requested by the voivodeship office.
How long does it take to get a temporary residence permit granted?
The processing time for a temporary residence permit varies between 4 and 12 months, depending on the type of permit and the workload of the nearest voivodeship office.
Can I leave Poland while waiting for my temporary residence permit to be completed?
Yes, you can leave Poland. However, re-entry may only be possible if you hold a valid visa or visa-free status. Leaving without these could prevent your return until the permit is issued.
What happens if I submit an incomplete application for a temporary residence permit?
If any required documents are missing, the voivodeship office will request you to submit additional documents within a specified timeframe. Failing to provide all the required documents may result in the refusal of the application.
Do I need to prove my residence address during the application process?
Yes, authorities such as the Police or Border Guard may verify your declared address to ensure compliance with the legal residence requirements. Accurate and up-to-date information is essential to avoid complications.
