To prolong your stay in Poland you have to apply for a temporary residence permit. Do you have to apply for it in person? Read the fifth part of the Legalisation of Stay and Employment of Foreigners in Poland guide and find out.
Should I Apply for a Temporary Residence Permit in Person? Can I Use an Attorney?
As a rule, it is the foreigner who is entitled to apply for a temporary residence permit and it is the foreigner who applies for such a permit.
The request should be made in person. If, on the other hand, the foreigner has submitted the application by mail, which is also possible, the voivode will summon them to appear in person at the Voivodeship Office within a period of at least 7 days from the date of delivery of the summons, under pain of the application not being processed.
Exceptionally, in case of an application for a temporary residence permit:
- for the purpose of a family reunion – the application is submitted by a foreigner staying in the territory of the Republic of Poland on behalf of a foreigner staying outside of Poland. However, submission of the application requires the written consent of that family member or their legal representative, unless the applicant is their legal representative.
- in order to carry out work within an intra-corporate transfer – the application is submitted by the host entity of the employee,
- to facilitate long-term mobility of a managerial staff member, specialist, or trainee within an intra-company transfer – the application is submitted by the host entity of the employee.
In case of a foreigner who is:
- a minor – an application for a temporary residence permit is to be submitted by the parents or court-appointed guardians or one of the parents or one of the court-appointed guardians,
- a fully incapacitated person – an application for a temporary residence permit is submitted by a court-appointed guardian,
- a minor without care arrangements – an application for a temporary residence permit is submitted by the guardian.
When submitting an application for a temporary residence permit for a foreigner who is a minor and who on the date of submission of the application is over 6 years old, the foreigner’s presence is required.
A foreigner may also act through an attorney unless the nature of the activity requires that they act personally. The party’s attorney may be a natural person with legal capacity.
- the power of attorney should be granted in writing, in the form of an electronic document or recorded in official documentation,
- the attorney should provide the original or an officially certified copy of the power of attorney to be added to the file,
- together with the power of attorney, proof of payment of stamp duty in the amount of PLN 17 should be added to the file.
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 .