Your visa is expiring but you would like to stay in Poland longer? You can apply for a temporary residence permit. Read the third part of the Legalisation of Stay and Employment of Foreigners in Poland guide and find out what to do to obtain a residence permit.
FAQ#3
I Would like to Stay in Poland Longer than My Visa Allows Me. What I Have to Do?
In order to extend their stay in Poland, a foreigner may apply for a temporary residence permit (zezwolenie na pobyt czasowy). An application for such a permit should be submitted to the Voivode competent for the foreigner’s place of residence. The permit will be granted if there are circumstances justifying the foreigner’s stay in the territory of the Republic of Poland for more than 3 months.
These provisions do not apply to:
- a temporary residence permit granted on account of circumstances requiring a short-term stay, and
- a temporary residence permit granted for seasonal work
Types of temporary residence permit
- temporary residence and work permit (so-called single permit)(zezwolenie jednolite),
- a temporary residence permit for the purpose of working in a highly-qualified profession,
- a temporary residence permit for the purpose of working within an intra-company transfer – the aim is to perform work at the host entity, having its registered office in the territory of the Republic of Poland, as a managerial staff member, specialist or employee undergoing traineeship, within an intra-company transfer,
- foreigner’s residence in the territory of the Republic of Poland in order to benefit from short-term and long-term mobility within an intra-company transfer,
- a temporary residence permit to perform work issued to a foreigner delegated by a foreign employer to the territory of the Republic of Poland,
- a temporary residence permit for the purpose of performing a business activity,
- a temporary residence permit for the purpose of studying,
- a temporary residence permit for the purpose of performing research,
- foreigner’s residence in the territory of the Republic of Poland in order to benefit from short-term and long-term mobility of a researcher,
- a temporary residence permit for a trainee,
- a temporary residence permit for a volunteer,
- a temporary residence permit for family members of Polish citizens – granted to a foreigner who is married to a Polish citizen and the marriage is recognised by the law of the Republic of Poland, or to a foreigner who is a minor child of a foreigner married to a Polish citizen and who has a temporary residence permit as a family member of a Polish citizen or a permanent residence permit granted in connection with their marriage to a Polish citizen,
- a temporary residence permit for foreigners’ family members – granted to a foreigner who is married to a foreigner residing in the territory of the Republic of Poland on a specified basis and the marriage is recognised by the law, or who is a minor child of that foreigner or a minor child of a foreigner married to a foreigner residing in the territory of the Republic of Poland,
- a residence permit for foreigners who are victims of human trafficking,
- a temporary residence permit based on circumstances requiring a short-term stay – may be granted to a foreigner if:
- they are obliged to appear in person before a Polish public authority,
- the presence of the foreigner in the territory of the Republic of Poland is required on the basis of their exceptional personal circumstances,
- the presence of the foreigner in the territory of the Republic of Poland is required by the interest of the Republic of Poland,
- a temporary residence permit based on seasonal work,
- a temporary residence permit based on other circumstances.
The most common “other circumstances” include situations where the foreigner:- is authorised to carry out work in the territory of the Republic of Poland under the conditions laid down in Decision No. 1/80 of the Association Council of the Turkish Republic and the EEC of 19 September 1980 on the development of the Association, which was established on the basis of the Agreement establishing an Association between the European Economic Community and Turkey, signed in Ankara on 12 September 1963 (OJ EC L 217, 29.12.1964, p. 3685; OJ EU Polish Special Edition, chapter 11, vol. 11 p. 1)
- holds the status of a graduate of a Polish higher education institution and is looking for a job in the territory of the Republic of Poland or plans to start a business activity in that territory,
- intends to undertake or continue education or vocational training in the territory of the Republic of Poland,
- is a clergyman, a member of an order or a person performing a religious function in a church or a religious association, whose status is regulated by an international agreement or legal provisions in force in the territory of the Republic of Poland or who acts on the basis of an entry in the register of churches and other religious associations, whose stay in the territory of the Republic of Poland is connected to the function performed or to preparation for its performance.
It is worth stressing at this point that the Act while using the phrase “other circumstances”, does not limit the scope of reasons why a foreigner may apply for a temporary residence permit in Poland. This can therefore also be based on circumstances not enumerated in the law. Thus, the foreigner may indicate virtually any reason for granting the permit, provided that they meet the statutory general conditions for granting the permit and the reason for which the permit is to be granted would justify the foreigner’s stay in Poland for a period exceeding 3 months.
A foreigner who has been granted a temporary residence permit is obliged to notify the voivode who granted the permit within 15 working days that the reason for granting the permit no longer applies! If a temporary residence permit was granted by the Head of the Office for Foreigners of the second instance, the notification should be addressed to the voivode who ruled on granting the permit in the first instance.
More questions about how to legalise your stay in Poland?
Issues related to the legalisation of employment and stay of foreigners in Poland still raise many doubts – both among employers and their foreign employees. In order to make it easier to navigate among statutory regulations, the Invest in Pomerania team in cooperation with specialists from the Pomeranian Voivodeship Office have created a publication containing a list of the most frequently asked questions regarding the procedure of applying for a residence and work permit in Poland. We sincerely hope that the publication will make the process of legalising the stay and employment of foreigners in our region more efficient. We invite you to read the entire guide. If you want to learn more about the full range of support provided by Invest in Pomerania visit the website: investinpomerania.pl .
