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Erasmus

ERASMUS+


Avrupa Birliği tarafından eğitim ve gençlik alanında 2007- 2013 yılları arasında uygulanmış olan Hayatboyu Öğrenme ve Gençlik Programlarının yerine uygulanacak olan yeni programdır. Toplam bütçesi 14,7 milyar avrodur ve bu rakam @’lık bir bütçe artışını temsil etmektedir.

WORK IN POLAND

DOCUMENTS ENTITLING A FOREIGNER TO WORK IN POLAND

Nationals of non-EU countries staying in Poland on the basis of a permit to settle (what is a permit to settle ? ->) and a long-term EU resident permit (what is a long-term EU resident permit? ->) do not require additional documents granting them the right to take up and perform work.

On principle, nationals of non-EU countries staying in Poland on the basis of a visa or a residence permit for a fixed period may be employed in Poland provided they possess a work permit->

Citizens of Belarus, Moldova, the Russian Federation, Ukraine and the Republic of Armenia may take up employment without obtaining a work permit for a period not exceeding 6 months within 12 consecutive months on the basis of a declaration on entrusting work to a foreigner ->

TEMPORARY RESIDENCE PERMIT AND WORK PERMITPRINT

Foreigners who intend to legalise their stay in Poland pursuant to starting or continuing work in Poland should apply for a temporary residence and work permit.

In the case of applying for a temporary residence and work permit, apart from the basic documents specified in respect of a temporary residence permit

  • 1- health insurance (documents confirming the possession of health insurance ->);
  • 2- documents confirming that the foreigner has a source of stable, regular income sufficient to cover his own living costs and those of dependent family members (what is a stable and regular source of income ->?);
  • 3- documents confirming the possession of a guaranteed place of residence (what is a guaranteed place of residence ->?
  • 4- information of the county commissioner concerning the results of a labour market test (what is a labour market test ->?); or documents confirming exemption from the obligation to have a work permit;
  • 5- employment contract or civil law agreement entered into with an employer (what is a civil law agreement? ->);
  • 6- a tax declaration, such as PIT;
  • 6- a certificate of discharge of fiscal obligations issued by the tax office - what is a certificate of discharge of fiscal obligations due to the Treasury? ->

IMPORTANT

Foreigners who apply for a temporary residence permit due to work performed in Poland are not obliged to previously obtain a work permit in Poland (what is a work permit? ->). In the case of a temporary residence and work permit, the issued residence card confirms the right of the foreigner to start work in Poland on behalf of a specific employer and pursuant to the terms and conditions set forth in the decision granting the permit.

The decision granting a temporary residence and work permit contains the data of the foreigner's employer, the position in which the foreigner will be employed, the lowest remuneration that the foreigner may receive in the given position, working tim and type of contract pursuant to which the foreigner will be employed.

In the event the foreigner intends to work for several employers, the decision shall specify these employers and the terms and conditions for performing work shall be set forth separately for each entity (employer). If the foreigner loses his job at any of the employers listed in the decision, the foreigner should notify the Voivode who issued the temporary residence and work permit of such fact within 15 business days of the moment of discontinuation of employment.

If the foreigner is exempt from the obligation to have a work permit in Poland, then the decision granting a temporary residence and work permit shall not specify the terms and conditions for performing work.

The remuneration paid to the foreigner must not be lower than the remuneration for employees performing work for the same amount of working time, of a comparable type or in a comparable position.

A temporary residence and work permit is granted for a maximum period of 3 years. However, the validity period of a residence and work permit may be shorter. Usually the period for which the temporary residence and work permit is issued depends on the documents presented by the foreigner. For example, if the foreigner has signed an employment contract with the employer for a period of 2 years, the temporary residence and work permit will also be issued for a period not exceeding 2 years.

On request of the foreigner, the residence and work permit may be amended at any moment by the competent Voivode for the place of residence of the foreigner if the foreigner intends to perform work for a different employer or pursuant to different conditions than those specified in the decision granting the temporary residence and work permit.

In the event of changes in the seat, place of residence, name or legal form of the employer or in case if the employer is taken over in whole or in part by another employer, it is not required to amend or replace the temporary residence and work permit.

The Voivode shall withdraw, i.e. cancel the temporary residence and work permit if the position set forth in the permit has changed or if the remuneration has been lowered and the permit has not been changed.

The Voivode shall refuse to initiate proceedings for granting a temporary residence and work permit if the foreigner:

  • 1 - is an employee delegated to work in Poland for a definite period of time by an employer that has its seat outside Poland – for the entire period of delegation (in the event of delegation, the foreigner should apply for a temporary residence permit for the purpose of performing work by a foreigner delegated to Poland by a foreign employer; information about this type of permit is available below),
  • 2 - entered the territory of Poland pursuant to obligations set forth in international treaties on the facilitation of entry and temporary residence of specific categories of natural persons dealing with exchange or investment,
  • 3 - conducts economic activity in Poland.

Foreigners residing in Poland pursuant to a temporary residence and work permit are obliged to notify the competent Voivode for their current place of residence in writing of the loss of their job at any of the employers listed in the decision granting the temporary residence and work permit, within 15 business days of the discontinuation of employment. If the foreigner has notified the Voivode in writing of the discontinuation of employment within the stipulated period, then his temporary residence and work permit may not be withdrawn within 30 days starting from the date of discontinuation of employment. If the foreigner does not find another job within 30 days of the moment of discontinuation of employment and notification of the Voivode of this fact, then his temporary residence and work permit may be withdrawn, i.e. cancelled. If the foreigner finds a new employer and obtains a new temporary residence and work permit, then he may legally continue his stay in Poland.

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More information about employment of foreigners in Poland is available here ->

Work Permit

What is a work permit

A work permit is a document that authorizes a foreigner to work legally in Poland. The permit indicates the company that entrusts the execution of work to the foreigner and the position or the type of work which the foreigner is to perform. The work is therefore regarded as legal only if the foreigner performs the work identified in the permit. This means that if the foreigner wants to change jobs (i.e. change employer and / or position and / or industry) in which he is employed, he has to obtain a new permit. However, there are some circumstances in which the permit remains valid despite a change in the circumstances for which it has been issued. The permit is valid for the period for which it was issued. The term of validity of the permit is indicated on the document. A work permit is required both for taking up employment on the basis of an employment contract as well as civil law contracts - more information on contracts is available here ->

The entity entrusting the foreigner with the execution of work applies for a work permit for the foreigner – what is an entity entrusting a foreigner with the performance of work? -> In the following sections, the entity entrusting the foreigner with the performance of work is referred to as the "employer". The permit is issued by the Voivode competent for the seat / place of residence of the employer.

Who requires a work permit in Poland?

A foreigner who is not a nation of an EU Member State is entitled to perform work in the Republic of Poland on the basis of a work permit if he legally resides in Poland on the basis of:
  • 1 - a visa (exceptions to this principle apply– they are discussed here -> );
  • 2 - a Schengen visa or another residence document issued by another Schengen Area member state;
  • 3 - a temporary residence permit (exceptions to this principle apply and are listed below);
  • 4 - on the basis of visa-free travel if the provisions of an agreement concerning visa-free travel foresee the performance of work by foreigners (nationals of which counties can enter Polish territory under visa-free travel arrangements?->).

Who may work in Poland without a work permit?

A foreigner entitled to work in Poland without a work permit is a person who:
  • 1 - has refugee status granted to them in the Republic of Poland;;
  • 2 - has received subsidiary protection in the Republic of Poland;
  • 3 - possesses a permanent residence permit issued by the Republic of Poland
  • 4 - holds an EU long-term resident permit issued in the Republic of Poland or in special cases issued in another EU country
  • 5 - has been granted tolerated stay in the Republic of Poland;
  • 6 - benefits from temporary protection in Poland;
  • 7 - benefits from humanitarian protection in Poland;
  • 8 - is a national of a European Union Member State or of a member state of the EEA or a family member of such national;
  • 9 - is a victim of human trafficking (assuming the fufilment of additional requirements) – more information on this subject is available here ->
  • 10 - has a temporary residence permit or any other legal document that allows for residence in Poland acquired in conjunction with a marriage to a Polish citizen or a foreigner holding refugee status, a person benefiting from supplementary protection, possessing a permanent residence permit or a long term EU-resident permit, permit for tolerated stay or temporary protection granted to him in Poland;
  • 11 - whose family situation (death or divorce with a spouse who was an EU citizen) has retained the right to stay in Poland on the basis of a residence permit;
  • 12 - who has submitted an application in a timely manner for extension of a temporary residence permit, if he was entitled to take up employment without a work permit immediately before the submission of the application;
  • 13 - has a valid Pole's Card - what is a Pole's Card? - >
  • 14 - is providing training or taking part in vocational training and internships, or participates in a scheme carried out within the framework of European Union programmes or another international aid scheme;
  • 15 - is a foreign language teacher;
  • 16 - performs artistic or scientific activity for up to 30 days a year;
  • 17 - is a student of full-time tertiary studies inPoland studying on the basis of a visa - what are full-time studies? ->
  • 18 - 18. is a student of full-time studies in Poland studying on the basis of a residence permit issued for the purpose of continuing tertiary education in Poland for the full year;
  • 19 - is a graduate of Polish secondary schools, or has completed full time studies (tertiary education), or full-time doctoral studies at Polish universities and scientific and research institutions;
  • 20 - is entitled on the basis of the Association Agreement between the European Economic Community and Turkey;
  • 21 - belongs to other groups (foreign language teachers who are delegated to work in cultural institutions, members of the armed forces, permanent correspondents of mass media, athletes, clergymen.

The above list presents the basic principles related to the right to take up work on Polish territory without a work permit by certain categories and groups of foreigners.

Attention: For more detailed information, contact the competent Voivodship Office!

When is a work permit granted and what are the types of work permits

A work permit is required when a foreigner:
  • 1 - carries out work in the Republic of Poland under an employment contact or a civil law contract with an employer whose seat / residence is on the territory of the Republic of Poland – in this case the foreigner is issued a type A work permit;
  • 2 - in relation to performance of the function of board member of a company if he resides in the Republic of Poland for a total period exceeding 6 months within a period of 12 subsequent months - the foreigner is then issued a type B work permit;
  • 3 - performs work for a foreign employer and is delegated to the territory of the Republic of Poland for a period exceeding 30 days in a calendar year to a branch or plant belonging to the foreign employer – the foreigner is then issued a type C work permit;
  • 4 - performs work for a foreign employer that does not have a branch, plant or other organized form of business activity in the Republic of Poland and is delegated to the Republic of Poland in order to engage in export, i.e. a temporary and occasional service - the foreigner is then issued a type D work permit;
  • 5 - 5. The type E work permit is the rarest, and applies to all situations which do not fall under the provisions for types A-D work permits listed above.

How to apply for a work permit?

A permit is issued by the Voivode competent for the seat / place of residence of the employer.

Addresses of Voivodship Offices are available here ->

The employer applies for a work permit for a foreigner.

Documents attached to the application should be submitted in the original or officially certified for compliance with the originals (with the exception of the identity card and passport).

Documents in a foreign language should be translated into Polish by a sworn translator.

During the proceedings the office may invite the applicant, ie. the employer, to provide additional documents or information. Regardless of the type of work permit, the employer must submit:
  • 1 - application for a work permit for a foreigner - the application form is available here->
  • 2 - copy of pages of the travel document belonging to the foreigner whom the application concerns with complete personal data,
  • 3 - if other legal provisions require a permit to work in a given profession from an appropriate institution - a copy of documents confirming that the foreigner has met such requirements (for example, regulated professions – what are regulated professions? ->);
  • 4 - copies of documents confirming that the foreigner:
      in the 3 years preceding submission of the application for a work permit graduated from a school or college with its seat in the Republic of Poland or in another country of the European Economic Area or Swiss Confederation,
      for 3 years preceding submission of the application for the residence permit issue has stayed legally in the Republic of Poland.
  • 5 - copies of documents confirming that the requirements provided for in separate regulations necessary for the application to be processed have been met;
  • 6 - If the employer does not submit the application in person - original power of attorney or authorization for the person submitting the application;
  • 7 - copy of confirmation of payment of stamp duty for the work permit, containing the following information:
      the name and registered seat of the employer;
      whether the employer is seeking to obtain or extend a work permit, and
      the name and surname of the foreigner on whose behalf the application for a work permit has been submitted.
Other documents that must be submitted in order to obtain a work permit for a foreigner depend on the type of permit the application concerns.
  • if the employer is:
      a legal person (what is a legal person? ->) - an up-to-date extract from the National Court Register (what is the National Court Register? ->), commercial activity register or another appropriate register
      a natural person - a copy of that person's ID card or a copy of the completed personal data pages of that person's travel document (e.g. a passport),
      a limited liability company in organisation - articles of association (what is a limited liability company? ->)
      a joint stock company in organisation - a copy of notarial deeds of company establishment - what is a joint stock company? ->
information from the county commissioner on the results of the labour market test – what is a labour market test? ->

Attention: The amount of remuneration specified in the contract with the foreigner can not be lower than the salaries of other employees performing work of comparable type or in a similar position.

In the case of a foreigner employed under a contract of employment for full-time work, his remuneration shall not be less than the minimum wage - what is the minimum wage? ->

In case an employer intends to employ a foreigner on a basis other than a contract of employment for full-time work, the amount of remuneration:

- in the case of contracts of employment for part-time work must be proportional to the working hours, or

- in the case of civil law contracts must be proportional to the expected period of performance of the foreigner’s obligations under the contract - more information on the types of contracts is availablehere->

Type B work permit
  • if the employer is:
      a legal person (what is a legal person? ->) - an up-to-date extract from the National Court Register (what is the National Court Register? ->), commercial activity register or another appropriate register
      a natural person - a copy of that person's ID card or a copy of the completed personal data pages of that person's travel document (e.g. a passport),
      o a limited liability company in organisation - articles of association (what is a limited liability company? ->)
      a joint stock company in organisation - a copy of notarial deeds of company establishment - what is a joint stock company? ->
  • in case of legal persons:
      copy of a statement on the amount of profit obtained (incurred loss) by the employer as a taxpayer of corporate income tax in the tax year preceding submission of the application
      information on the number of persons employed during the year preceding submission of the application–the form is available here ->
For the Voivode to issue a type B work permit, the employer must meet the following conditions:
  • 1 - in the tax year preceding the application it generated an income of no less than 12 times the average monthly wage in a given voivodship in the third quarter of the year preceding the application - information about the specific amount can be obtained from the Voivodship Office;
  • 2 - has employed at least two employees who do not require a work permit (such as Polish citizens) under a full-time contract concluded for an indefinite period for at least 1 year prior to application;
  • 3 - demonstrates possession of resources or performance of activities permitting it to meet the conditions set out in points 1 and 2 in the future, in particular by performing activities which contribute to the growth of investment, technology transfer, introduction of beneficial innovations or job creation.

Attention: in cases justified by the situation on the labor market, the Voivode may limit in a type B work permit the range of tasks performed by the foreigner to management and representation activities.

Type C work permit
  • 1 - a document from an appropriate register confirming the legal status as well as the form and nature of the business operated by a foreign employer (i.e. a foreign equivalent of a National Court Register excerpt);
  • 2 - an up-to-date excerpt from the National Court Register or another appropriate register or entry into the register of commercial activity concerning the branch or plant of the foreign entity, its subsidiary or affiliate bound to a foreign employer with a long-term contract of cooperation – what is the National Court Register? ->
  • 3 - a letter of delegation issued by the foreign employer, specifying the name and surname of the employee assigned to work in Poland with an indication of his position and place of work in Poland;
  • 4 - a copy of a long-term cooperation agreement of the Polish employer with the foreign employer.
Type D work permit
  • 1 - a document from an appropriate register confirming the legal status as well as the form and nature of the business operated by the foreign employer (i.e. a foreign equivalent of the National Court Register excerpt);
  • 3 - a letter of delegation issued by the foreign employer, specifying the name and surname of the employee assigned to work in Poland with an indication of his position and place of work in Poland;
  • 3 - a copy of a contract pursuant to which a service is provided in the Republic of Poland or an excerpt from such contract which defines the scope of the foreign employer's obligations (if the employer does not want to reveal other conditions of the contract and they are not relevant for the procedure of issuing the work permit) or, if such contract has not been signed yet, a declaration by the foreign employer defining such scope - a copy of the relevant fragment of the contract must be submitted by the employer promptly after conclusion of such contract in writing;
  • 4 - a list of foreigners who are to perform an export service with their full names, passport numbers and job descriptions in Poland;
  • 5 - an attachment to the application for a permit concerning the Polish Classification of Activity (PKD) and the number of people employed - what is the Polish Classification of Activity (PKD?) ->
Type E work permit
  • 1 - an attachment to the application for a permit concerning the Polish Classification of Activity (PKD) and the number of people employed - what is the Polish Classification of Activity (PKD?) ->
  • 2 - document from an appropriate register confirming the legal status as well as the form and nature of the buisness run by the foreign employer (i.e. a foreign equivalent of the National Court Register excerpt);
For the Voivode to issue a type C, D or E work permit, the employer must meet the following conditions:
  • 1 - the conditions of employment are no less favorable than under the provisions of the Labour Code and other legislation governing the rights and duties of employees,
  • 2 - the amount of remuneration which shall be paid to foreigners for the performance of work will not be lower than the average monthly wage in the given voivodship by more than 30%, as announced by the Central Statistical Office (this information can be obtained from the Voivodship Office)
  • 3 -the foreign employer has indicated a person staying in Poland in possession of documents proving the fulfillment of the obligations set out in paragraphs 1 and 2 and authorized to represent the employer before the Voivode and other bodies such as the Labour Inspectorate if the period of the foreigner's posting in Poland exceeds 30 days in a calendar year.

In what form is a work permit issued?

A work permit is issued in three copies: one remains in the Voivodship Office, two are transferred to the employer who is required to provide one copy to the foreigner for whom it is issued.

Validity periods of work permits

A work permit is issued for a fixed period of time, however, for not longer than 3 years. In the case of foreigners who perform work as members of boards of companies employing more than 25 people at the time of application for a permit, the Voivode may issue a permit for a period not longer than 5 years.

Although the law indicates for what period of time a work permit may be granted, the Voivode may shorten the period for which work permits in the voivodship are issued. The validity of the permit to work may therefore vary between voivodships.

In Mazovia voivodship, type A permits are usually issued for a period of 12 months, and extensions are given for a period not longer than 2 years (exceptions to this rule apply).

When can a work permit be revoked?

In the following situations the Voivode may revoke a work permit:

  • 1 - the circumstances or evidence on whose basis the permit was granted have changed and the Voivode was not informed thereof;
  • 2 - the reason for the work permit to be granted no longer exists (e.g. the employment contract with the foreigner has been terminated, the employer has gone bankrupt);
  • 3 - the Voivode has been notified that the foreigner did not take up work within 3 months of the beginning of the validity of the work permit, or the work was completed earlier than 3 months before the expiration of the work permit without consulting the employer;
  • 4 - the employer has not fulfilled the obligations incumbent on him related to applying for a work permit for a foreigner and employment of a;
  • 5 - in the absence of permission/consent from another institution required for the foreigner to be able to perform work in a given profession or position;
  • 6 - the Voivode has been informed that the foreigner is listed in the register of foreigners whose stay on the territory of Poland is undesirable.
Obligations of the employer in the procedure of legalization of a foreigner’s work in Poland and the consequences of violations

There are several obligations incumbent upon an employer applying for a work permit for a foreigner. These include:

  • 1 - informing the foreigner about the steps undertaken to issue a work permit and other events affecting the said procedure;
  • 2 - exercising due diligence in conducting the procedure for issuing and extending the validity of the work permit;
  • 3 - implementing the conditions of the contract with the foreigner as described in the application for a work permit;
  • 4 - the contract should be concluded in writing and translated into a language understandable for the foreigner before being signed;
  • 5 - providing 1 copy of the work permit and other documents related to employment to the employee;
  • 6 - informing the Voivode about the foreigner not taking up work within 3 months of the date of the beginning of the work permit validity and about the completion of the work earlier than 3 months before the expiration of the work permit.
  • 7 - the employer is also responsible for informing the Voivode about any changes in the foreigner’s job description listed on the work permit - the form for submitting such information is available here ->

If the employer is found to be in breach of these obligations, he is obliged to take corrective action without delay.

Note : the law provides for penalties for employers not fulfilling the obligations incumbent on them stemming from the procedures related to the employment of foreigners (between 3,000 and 5,000 PLN)!

When can a work permit be refused by the Voivode?

The Voivode shall refuse to issue a work permit if the employer:

  • 1 - submitted false information or used a false document in the application, attested to a falsehood or concealed the truth therein;
  • 2 - has not met the requirements provided for by law for the permit to be issued:
      a final court verdict has found him guilty of contravention related to illegal foreigner employment or it is a repeat offence
      has committed a crime against the rights of persons performing remunerated work,
      has committed crime against the credibility of documents,
      has committed a crime of human trafficking,
  • 3 - the employer has not fulfilled the obligations incumbent on him related to applying for a work permit for a foreigner and foreigner employment,
  • 4 - The employer applied for a work permit for a foreigner who:
      does not meet the qualification requirements or other requirements in case of a regulated profession – what is a regulated profession? ->
      in relation to the procedure for issuing a work permit he/she has been punished for a crime against credibility of documents,
      in cases when a foreigner has been included in the register of foreigners whose stay on the territory of Poland is undesirable– more information on the subject is available here ->

When does a work permit remain valid?

A work permit remains valid:

  • 1 - when the employer has the intention of entrusting the foreigner with performance of work of a different type or in a different position than specified in the work permit for a period not exceeding 30 days in a calendar year,
  • ATTENTION: A change in position for a period longer than 30 days in a calendar year requires the submission of a new application for a work permit!

  • 2 - in the event of a change in the seat or place of residence or a change in the name or legal form of the employer, as well as its takeover in whole or in part by another employer,
  • 3 - transfer of the employing establishment or a part thereof to another employer,
  • 4 -change in the person indicated as representing the employer in Poland in possession of documents proving the fulfillment of the obligations set out in paragraphs 1 and 2 and authorized to represent the employer before the Voivode and other bodies such as the Labour Inspectorate, if the period of the foreigner's posting in Poland exceeds 30 days per calendar year.
  • 5 - reduction of working hours stipulated in the contract with the foreigner for a period not longer than 6 months and to not more than half-time, with a proportional reduction in salary;
  • 7 - if the foreigner does not take up work in the first 3 months of the validity of the permit or cannot not perform work for a period of up to 3 months, provided that such a break stems from justified causes and is agreed with the employer.

In all of the above cases the employer shall immediately notify the Voidode who issued the permit of the changes in writing. The conditions necessary for issuing the work permit must remain fulfilled – the form for such notification is available here ->

How to extend a work permit?

The employer applies for an extension of the work permit for the foreign employee. Such an application must be submitted not later than 30 days before the expiry of the previous work permit. The application form for a work permit extension is available here ->

The following must be attached to the application for extension of a foreigner's work permit:

  • 1 - documents necessary to obtain a new permit, provided that the circumstances that justified the granting of the previous work permit have changed;
  • 2 - proof of payment;
  • 3 - the employment contract under which the work was performed during the validity period of the previous permit.

If the employer decides that the foreigner should be promoted, then in order to receive another type A permit the county commissioner's opinion is needed concerning the new position which the foreigner will take up - what is the labour market test? ->

Deadlines

A permit should be issued within 1 month.

In particularly complicated cases it should be issued not later than 2 months from the commencement of the procedure.

How much does a work permit cost?

PLN 50 - in the case of a permit for up to 3 months PLN 100 - in the case of a permit for a period longer than 3 months PLN 200 - in the case of a foreigner delegated to Poland for performing an export service An application for a work permit extension requires the payment of a fee equivalent to half of the fees given above.

Appeal procedure

The decision may be appealed within 14 days of its receipt via the competent Voivode to the Minister of Labour and Social Policy.

Legal basis

Act of April 20, 2004 on promotion of employment and labour market institutions (OJ L 2008 No. 69 item. 415, with amendments)

Regulation of the Minister of Labour and Social Policy of January 29, 2009 on issuing a work permit for a foreigner (OJ L 2009, No. 16, item. 84);

Regulation of the Minister of Labour and Social Policy of August 20, 2011 on cases where foreigners’ work in Poland is permitted without the necessity of obtaining a work permit (OJ L 2011, No 155, item 919);

DECLARATION ON ENTRUSTING WORK TO A FOREIGNER

Who is it for?

The declaration on entrusting work to a foreigner is entered into the declaration registry by the Poviat Labour Office appropriate for the location of the office or place of permanent residence of the employer, if:

  • 1 - the foreigner is a citizen of a country stated in the Regulation of the Minister of Labour and Social Policy on the citizens of countries that are subject to certain provisions concerning a seasonal work permit as well as provisions concerning the declaration on entrusting work to a foreigner
  • 2 - the foreigner’s work is not related to the entity activities stated in the regulation of the Minister of Family, Labour and Social Policy of the 8th of December 2017 - regulations concerning seasonal work
  • 3 - the period of performing work stated in the submitted declaration on entrusting work to a foreigner, as well as the periods of work performed on the basis of declarations entered into the declaration registry, amount to no more than 6 months during the subsequent 12-month period regardless of the number of entities entrusting a job to this given foreigner

In cases that do not require an investigation procedure, the Poviat Labour Office enters the declaration on entrusting work to a foreigner into the declaration registry, or the starost decides to refuse to make the entry into the declaration registry no later than 7 working days from the date of receiving the declaration, and in cases that require an investigation procedure – no later than within 30 days from the date of receiving the declaration.

How to acquire the declaration?

In the declaration on entrusting work to a foreigner, which is subject to entry into the declaration registry, the employer must include:

    information concerning the entity commissioning the foreigner to perform a given job:

  • A -name (names) and surname,
  • B - address of permanent residence or address of office,
  • C - phone or fax number,
  • D -NIP and REGON identification numbers – in the case of an entity running a business, or a PESEL number – in the case of a natural person,
  • E - entry no. in the registry of entities running a recruitment agency – in the case of an entity entrusting a job to a foreigner, which is running an employment agency providing temporary job services,
  • F - PKD symbol and description of the activity related to the foreigner’s job,
  • G - declaration submitted under the penalties of perjury stating if there are any circumstances present that are described in art. 88z, section 5, pt. 1-6 of the act on the promotion of employment and labour market institutions (the party submitting the declaration is obliged to include the following clause: “I am aware of the criminal responsibility for false representation”; this clause substitutes the authority’s admonishment on the criminal responsibility for false representation),
  • H - declaration of the acknowledgement of regulations on entrusting a job to foreigners;
  • information concerning the foreigner:

  • A - name (names) and surname,
  • B - sex,
  • C- date of birth,
  • D - nationality
  • E - name, series, number, issue date and expiry date of travel document,
  • F - visa or residence card number as well as the expiry date of the document, if the foreigner is residing in the territory of the Republic of Poland,
  • data concerning the legal basis for the stay in the territory of the Republic of Poland as well as the assumed manner of making use of the declaration entered into the declaration registry;
  • data concerning the job offered to the foreigner:

  • A - name of profession, subclass of activity according to the PKD qualification,
  • B - position or type of work,
  • C - location of work,
  • D - period or periods of work denoted by dates,
  • E - type of agreement comprising the basis of performing the job,
  • F - the lowest remuneration that the foreigner can be awarded, determined by an hourly or a monthly rate,
  • G - working hours during a week or a month;
  • data concerning the user’s employer, if the declaration concerns a foreigner working as a temporary worker:

  • A - name (names) and surname,
  • B - address of permanent residence or address of office

SEASONAL WORK PERMIT

Who is it for?

The permit is acquired by an employer who is planning to employ a foreigner in the scope of activities stated in the regulation of the Minister of Family, Labour and Social Policy of the 8th of December 2017. The seasonal work permit is issued for a temporary period, which cannot exceed 9 months during one calendar year.

In the case when a foreigner, who entered the territory of the Republic of Poland on the basis of a visa issued for the purpose of performing seasonal work or as part of visa-free travel on account of an application for a seasonal work permit entered into the application registry, this period starts on the day of the foreigner’s first entry into the Schengen zone in the given calendar year.

If the application for the issue of a seasonal work permit concerns a foreigner who is staying in the territory of the Republic of Poland on a different basis, which may be related to a work permit, the permit may be issued for a period of legal stay no longer than 9 months during one calendar year, also counting periods that have been stated in seasonal work permits, which were previously issued for the benefit of this given foreigner.

How to acquire the permit?

The seasonal work permit is issued by a starost relevant to the office or place of residence of the entity commissioning the foreigner to perform given work.

The process of acquiring a work permit differs depending on if the foreigner is in Poland or abroad.

In the case when the foreigner is staying in Poland on a basis, which can be related a work permit, the employer submits an application for the issue of a seasonal work permit to a starost relevant to the office or place of residence of the entity commissioning the foreigner to perform given work, and the starost renders a decision within 7 to 30 days if an investigation procedure is required.

In the case when the foreigner is staying abroad and will be applying for the issue of a visa for the purpose of performing seasonal work, or attempt to enter the territory of the Republic of Poland as part of visa-free travel, the employer submits an application to a starost relevant to the office or place of residence of the entity commissioning the foreigner to perform the given work, and the starost enters the application into the application registry concerning seasonal work and issues a certificate of application entry within 7 to 30 days. Next, the employer forwards the certificate to the foreigner and the foreigner acquires a visa issued for the purpose of performing seasonal work or enters the territory of Poland as part of visa-free travel as a result of the application for the issue of a seasonal work permit that has been entered into the application registry. The foreigner may commence work on the day that the employer presents the following to the appropriate starost:

  • 1 - a copy of a document authorising the foreigner to stay in the territory of the Republic of Poland;
  • 2 - information on the foreigner’s address of accommodation during their stay in the territory of the Republic of Poland.

Permit extension

If the foreigner has entered the territory of the Republic of Poland on the basis of a visa issued for the purpose of seasonal work or as part of visa-free travel on account of an application for a seasonal work permit entered into the application registry regarding seasonal work, the starost may issue an extension of the seasonal work permit in order to allow the foreigner to continue the seasonal work for the benefit of the same employment entity or in order to allow the foreigner to continue the seasonal work for the benefit of a different employment entity.

In the case when the foreigner is staying in the territory of the Republic of Poland on the basis of a document other than a visa issued for the purpose of performing seasonal work or as part of visa-free travel, which are not related to the application entered into the application registry concerning seasonal work, the starost will refuse to initiate proceedings that concern granting a seasonal work permit extension.

The extension of the seasonal work permit is issued for a period, which, together with the foreigner’s stay for the purpose of performing seasonal work starting on the day of the foreigner’s first entry into the Schengen zone in the given calendar year, is no longer than 9 months during one calendar year.

    A seasonal work permit is issued when:

  • 1 - the remuneration stated in the agreement between the foreigner and the employer is not lower than the remuneration of employees working for the same number of hours, performing a job of a similar type or working in a comparable position;
  • 2 - the entity commissioning the foreigner to perform given work has attached to the application for the issue of a seasonal work permit the starost’s information stating that it is not possible to fulfil the employer’s staff requirements basing on registries on the unemployed and people seeking employment, as well as information on the negative results of recruitment organised for the employer.
  • The information issued by the starost is not required when:

  • 1 - The foreigner graduated from a university located within the territory of Poland or other EEA country or the Swiss Confederation within 3 years preceding the application for the issue of a work permit, or is participating in doctoral studies taking place in Poland;
  • 2 - The foreigner stayed in Poland for a period of 3 years preceding the application for the issue of a work permit, and the stay was uninterrupted;
  • 3 - the foreigner is a citizen of one of the following countries: Armenia, Belarus, Georgia, Moldova, Russia or Ukraine.

The fee for submitting the application and issuing a seasonal work permit is 30 PLN.

LABOUR MARKET TEST

The labour market test is the procedure for acquiring information about the situation on the local labour market; such procedure should confirm the lack of eligible Polish nationals or EU nationals who could be employed in a given position.

This means that a foreigner may be granted a work permit for a specific employer in Poland only under condition that among the job seekers registered at the labour office there are none who would meet the job requirements.

    The procedure is as follows:

  • 1 - An employer submits notification of a vacancy to the County Labour Office. Codes and names of occupations can be found at www.praca.gov.pl;
  • 2 - The Labour Office analyses the records of unemployed persons and job seekers;
  • 3 - If the analysis reveals an adequate number of persons meeting the requirements in the job description, the Labour Office conducts recruitment among the unemployed and job seekers;
  • 4 - The Labour Office compares the remuneration proposed by the employer with the remuneration that can be obtained in the same or similar position or for performance of similar work - these sums should be similar;
  • 5 - The County Commissioner issues the relevant decision:
      if there is no person who can be recruited from among the unemployed and job seekers - within 14 days from the date of submiting the offer to the Labour Office;
      if recruitment among those registered at the Labour Office is possible, this period amounts to 21 days from the date of submitting the offer to the labour office;
  • 6 - Such decision issued by the governor is passed to the employer who attaches it to an application for a work permit or pass it to a foreigner who applies for a temporary residence permit and work permit.
Please note that exaggerated or understated job requirements in comparison with the normal scope of work to be performed in a given position by a foreigner are not taken into account during the procedure.

    Not every job requires a labour market test to be run by the Labour Office.

  • 1- the work to be done is enumerated in the list of occupations which are in great demand, as provided for in the regulation of the local Voivode
  • 2 - the validity of the work permit is to be extended for the same foreigenr for the same job;
  • 3 - the foreigner is a citizen of a country bordering Poland or a country with which Poland cooperates on labour migration and who intends to work as a domestic worker or a care-giver;
  • 4 - the foreigner is a citizen of a country bordering Poland or a country with which Poland cooperates on labour migration and who, in the period immediately preceding the application, performed work for the same entity for at least 3 months on the basis of a declaration of intention to entrust a job to a foreigner;
  • 5 - the foreigner is undertaking employment in a household.

CONTROL OF LEGALITY OF A FOREIGNER'S WORK IN POLAND

What is illegal employment?

    Illegal performance of work by a foreigner is the performance of work by a foreigner:

  • 1 - who does not have a valid visa or other document authorizing him to stay in Poland;
  • 2 - whose basis of residence in Poland does not allow for performance of work;
  • 3 - who works without a work permit in cases where one is required;
  • 4 - who works under different conditions or in a position different than that specified in the work permit;
  • 5 - works without having concluded the required employment contract or civil law contracts.

Who has the right to conduct control activities?

    The following agencies have the right to carry out controls of legality of a foreigner’s work in Poland:

  • 1 - Border Guard Service (BG);
  • 2 - National Labour Inspectorate (PIP).

The Border Guard Service can also carry out inspections of companies, households and individuals employing foreigners, as well as foreigners running their own businesses in Poland. The Labour Inspectorate (PIP) is authorized to review the legality of employment resulting from the conclusion of contracts of employment.

During such controls, the legality of the foreigner's stay in Poland is also checked - more information on this topic is available here ->

What does a control consist of?

Control activities are carried out by at least two officers who possess the relevant authorizations containing indication of the legal basis, identification of the control agency, date and place of issue, name and surname of officer authorized to perform the inspection and number of his badge, as well as the name and address of the company to be controlled, the extent of the control, the date of commencement and the anticipated date of completion of the inspection, the signature of the person granting the authorization stating their position or function, and instructions on the rights and duties of the controlled entity.

Attention: In case of the necessity to carry out an on-the-spot inspection, officers may do so while showing their badges only.

What documents should be presented during a control?

The controlled entity, at the request of the officers, shall submit documents relating to the legality of the foreigner’s work, business run by a foreign national or the foreigner performing delegated work not later than within 7 days.

These documents include in particular:

    These documents include in particular:

  • 1 - a work permit;
  • 2 - a declaration of intention to entrust a job to a foreigner,
  • 3 - employment contracts or civil law contracts;
  • 4 - documents proving a foreigner running a business has been entered in the Central Register and Information on Economic Activity.

The character of the foreigner’s work and whether the conditions for its exercise are consistent with the description placed in the permit / declaration are also subject to inspection.

In case of any discrepancy or lack of documentation, the case may be directed to court.

What penalties are foreseen for illegal employment of a foreigner?

An employer who employs a foreigner illegally may be subject to a fine of 3000 to 5000 PLN. A foreigner working in violation of Polish law may incur a penalty of 1000 to 5000 PLN. Such a person may also receive a decision obliging him to leave Poland (more information about the obligation to leave Polish territory is available here->) or a deportation order may be issued against him (what does deportation mean?->). In this case, the costs of expulsion shall be borne by the employer.

Also, according to the law, employers must make sure before hiring non-EU citizens that the foreigner has a valid residence permit and inform the appropriate authorities of the employment of such a person. For entrusting a job to a foreigner without the right of residence, the employer will incur a fine, and will also be obliged to pay the salary arrears due to the illegally employed foreigner (a presumption of existence of an employment relationship for a period of 3 months shall apply) and related benefits (social security contributions, tax), and to cover the cost of the foreigner's return to his country of origin. In addition, such employers will be banned from benefiting from public subsidies, including EU funds.

Legal basis

Act of 13 April 2007 on the National Labour Inspectorate

CONTRACTS
EMPLOYMENT CONTRACTS

There are some very specific requirements that a contract of employment must fulfill. In addition to indicating the parties (i.e. employer and employee), the type of contract and the date of its conclusion, an employment contract should include the following elements:

  • 1 - type of work (job title, function, and description of responsibilities of the employee),
  • 2 - place of work,
  • 3 - remuneration corresponding to the type of work performed :
      the remuneration provided for in the contract is shown in its gross amount - what is gross remuneration? ->
      the remuneration specified in a contract with a person who is employed for full-time work may not be less than the minimum wage - what is the minimum wage? ->
  • 4 - start date - if not specified in the contract, it is assumed that this is the day the contract is signed,
  • 5 - working time – full or part-time etc
  • In drawing up the contract of employment, a few rules must be observed:

  • 1 - an employment contract may not contain terms less favorable than those specified in the labor code;
  • 2 - a contract of employment gives the employee rights which can not be conferred by a civil law contract, that is:
      right to paid holiday leave,
      opportunities for further training,
      sick pay,
      increase in the length of employment used as the basis for future entitlements,
      rules for contract termination,
      principles of remuneration for overtime work – work over the number of hours provided for in the labor code - what is the working time in Poland? ->

For these contracts, even if the employee is a foreigner, social insurance contributions are collected (more information on social security is available here ->) as well as health insurance contributions (more information on health care is available here ->), and an advance on income tax (more information about taxes is available here ->). Consequently, all employees are entitled to the same employee benefits, and the period of employment under a fixed-term contract is included in their employment length (seniority) used as the basis for future entitlements.

The employer is obliged to register a new employee with ZUS (Social Security Institution) within 7 days of the start of his employment (what is the Social Security Institution (ZUS)? -[gt]) and direct him to a preliminary medical examination. The employer must also comply with working time provisions - what is the working time of an employee in Poland? ->

The Labour Code is the legal basis regulating the employment relationship resulting from a contract of employment.The agreement must be concluded in writing not later than on the date of commencement of work. The contract of employment places certain responsibilities on the employee and the employer - more information is available here ->

    The most common employment contracts are:

  • 1 - fixed-term contract;
  • 2 - contract for an indefinite duration.

Fixed-term contract

A fixed-term contract is concluded for a predetermined time indicated by the employer and employee, which means that it is an agreement valid temporarily, for a specified period. In a situation where the employer has concluded two consecutive fixed-term contracts with the same employee, the third contract is treated on par with a contract for indefinite duration if the interval between the second and third contract does not exceed 1 month.

A fixed-term contract can be terminated by mutual agreement between the parties and also if the contract is for a period longer than six months and includes a clause on the possibility of its termination. In this case, the notice period is 2 weeks. In this event, the notice shall be in writing and the party has no obligation to state the reasons for terminating the contract.

An employment contract for a fixed period imposes certain obligations on both the employee and employer - more information is available here ->

Contract for an indefinite period

This is the most advantageous contract form from the point of view of the employee, as it is characterized by the absence of a predetermined duration of employment. The employment contract of indefinite duration can be resolved by mutual agreement of the parties at such date as the parties decide upon. If an employee or an employer wish to terminate this type of agreement, notice must be given to the other party in writing. The employer is also required to provide causes for the termination of the contract.

    The notice period for termination of an indefinite duration contract depends on the length of employment with a given employer. The notice period is:

  • 1 - 2 weeks if the employee has been employed for less than 6 months,
  • 2 - 1 month if the employee has been employed over 6 months,
  • 3 - 3 months if the employee has been employed for a minimum of 3 years.

Termination of employment is in some cases impermissible – e.g. during pregnancy, during sick leave, during other justified absences from work. An employment contract for indefinite period imposes certain obligations on both the employee and employer - more information is available here ->

Legal basis

The Labour Code of 26 June 1964 (OJ L 1974, No 24, item 141 as amended – OJ L 1998, No 21, item 94 with further amendments)

CIVIL LAW CONTRACTS

Civil law contracts are different legal forms from a contract of employment on whose basis work can be performed, and they are governed by the provisions of the Civil Code.

Civil law contracts are commonly used when the employer does not plan to employ a worker under an employment contract, but requires the performance of certain activities or for some specified work to be completed.

Basic features of performance of work under civil law contracts that set it apart from the work performed under a contract of employment:

  • 1 - in case of civil law contracts there is greater freedom of taking up employment by the person providing the service/work, and the refusal to carry out orders does not constitute a breach of contractual obligations - more information on the duties of an employee is available here ->
  • 2 - in case of civil law contracts it is admissible to subcontract work;
  • 3 - in case of civil law contracts the place and time of work may be specified, but it is not necessary; the completion of the job counts more that the details of its performance;
  • 4 - in case of civil law contracts there is no obligation to collect all social security contributions and grant leave to the employee.

Attention: To work under a contract of mandate or contract for specific work to be performed, the foreigner must also obtain a work permit - more information on work permits is available here ->

    The most common civil law contracts are:

  • 1 - contract of mandate
  • 2 - contract for specific work.

Contract of mandate

A contract of mandate consists in an agreement to perform certain work within a specified period as commissioned by the principal, in return for fixed remuneration. In this framework, the contractor undertakes to perform certain activities for the principal. A contract of mandate is therefore a due diligence contract. The contracting parties in the contract determine the nature of the activity, its scope, organizational framework and remuneration - the amount listed in the contract is the gross remuneration - what is gross remuneration? ->

Attention: Please remember that this type of contract does not fall under the minimum wage requirement! - what is the minimum wage? ->

The terms of settlement for the contract depend on whether the contractor has other income resulting from an employment contract, or it is his only source of income. If the contract of mandate is the sole source of income from work, it is mandatory to pay all social insurance contributions (what is social security ->) (which also means that for the duration of the contract the contractor is covered by health insurance) and tax advances. If the contract of mandate is simply an additional source of income of the employee and the remuneration under the contract of employment is at least minimum wage - with social security contributions deducted by the employer - the contributions for such contracts of mandate are voluntary and the salary is only subject to income tax - what is income tax? ->

The principal is not obliged to grant leave, severance pay or pay the employee for periods of illness nor any other additional benefits. A contractor may enter into multiple contracts of mandate with one employer.

Contract for specific work

A contract for specific work is a contract relating to completion of a specific, clearly-defined task, as a result of which a certain product is created. Thus, a contract for specific work is an agreement of result. The work (product) must be clearly identified and be of at least a partly tangible nature.

The person completing the task must receive financial remuneration - the agreement lists gross remuneration - what is gross remuneration? ->

Attention: Please remember that this type contract does not fall under the minimum wage requirement! - what is minimum wage? ->

The contract usually specifies a time limit for completion of the work. The contractor is responsible for the result of his work. This agreement is advantageous from the point of view of the contractor if he has another job, and work under this type of contract provides an additional source of income. This is due to the fact that although the contract for specific work does not guarantee social security and health insurance coverage, income tax under this contract is lower than for all other contracts - what is income tax? ->

Legal basis

The Civil Code of 23 April 1964

WRITTEN CONTRACTS

An employment contract should be concluded in writing. In the case of foreigners, a written employment contract is particularly important - it is examined during employment legality inspections - what is control of legality of a foreigner’s employment? ->

  • 1 - With respect to foreigners who are required to have a work permit - the contract under which the performance of work in Poland is entrusted to them must be in writing. This is one of the conditions for recognition of their work as legal.
  • 2 - In the case of foreigners working in Poland on the basis of a declaration of intention to entrust a job to a foreigner – the contracts must be concluded in writing. This is one of the conditions for recognition of their work as legal.
  • 3 - In relation to foreigners for whom a work permit is not required – lack of a written contract of employment does not result in the recognition of their employment as illegal, although lack of written confirmation of the contract terms is an offense against the rights of employees (more information about the rights of employees is available here ->). In the case of entrusting such a foreigner with performance of work under civil law contracts – on the same principles as for Polish citizens - the written form is not required.

Important Alert

The source of this information is this website http://www.migrant.info.pl/residence-card.html

RESIDENCE CARD

What is a residence card?

A residence card is a document confirming the identity of a foreigner during his stay in Poland. This document, together with a valid passport, confirms the right to stay in Poland and entitles the foreigner to cross the Polish national border numerous times without the need to have a visa. When crossing the border, the residence card should be presented to the Border Guard Service officials, together with a valid foreign passport.

    The residence card contains the following information:

  • 1- name(s) and surname of the holder and parents' names;
  • 2- date, place and country of birth of the foreigner;
  • 3- address of registered permanent or temporary residence;
  • 4- information about citizenship;
  • 5- information about sex;
  • 6- information about height (in cm) and eye colour;
  • 7- PESEL number ⦁ (what is a PESEL number?) if one has been assigned;
  • 8- information about the type of permit granted;
  • 9- annotation "scientist" if the temporary residence permit was issued for the purpose of conducting academic research;
  • 10- annotation "EU Blue Card" if the temporary residence permit was issued for the purpose of employment of highly skilled workers;
  • 11- annotation "access to labour market" – in the case of a permit granted to a foreigner who is entitled to perform work in Poland or is exempt from the obligation to have a work permit;
  • 12- “seasonal work” annotations, if the temporary residence permit was issued for the purpose of seasonal work;
  • 13- fingerprints;
  • 14- name of the authority issuing the card;
  • 15- date of issue;
  • 16- date of expiry;
  • 17- photograph of the foreigner;
  • 18- annotation "international protection granted by… (specification of the EU Member State granting protection) on (date of granting international protection) – in the case the foreigner obtained a long term EU residence permit and was at the same time granted international protection in Poland or in another EU Member State.

Residence card:

How to obtain a residence card?

    A residence card is a document issued to foreigners who have been granted:

  • 1- Temporary residence permit;
  • 2- Permanent residence permit
  • 3- Long-term EU-resident permit;
  • 4- Refugee status;
  • 5- Subsidiary protection;
  • 6- Residence permit for humanitarian reasons.
  • 7- Thus, in order to obtain a residence card in Poland, one should first obtain a residence permit.

Replacement or loss of residence card

    A residence card must be replaced if:

  • 1 - data contained in the card have changed;
  • 2 - the appearance of the card holder has changed, which makes it difficult to determine his/her identity;
  • 3 - the card has been damaged;
  • 4 - the card has been lost (eg. it was stolen);
  • 5 - Poland has assumed responsibility for the protection of the holder of a residence card issued pursuant to granting a long-term EU resident permit with the annotation "international protection granted by…" (specification of the EU Member State granting protection);
  • 6 - another EU Member State has assumed the responsibility for protection of the holder of a residence card issued pursuant to granting a long-term EU resident permit;

An application for replacement of a residence card should be filed within 14 days after the grounds for replacement occurred.

An application for issuing a subsequent residence card (in the case of a residence permit granted for humanitarian reasons, permanent residence permit or long-term EU resident permit) should be filed not later than 30 days prior to the expiry of the residence card.

Foreigners who have lost their residence card should report this fact by submitting the relevant form within 3 days of the date of loss (e.g. loss, theft) to the Voivodeship Office that issued the card. The form is available here. Foreigners who report the loss or damage of a residence card shall receive a statement confirming this fact free of charge. Such a statement may be useful in the event of inspection of the legality of the foreigner's stay in Poland. This is why one should always carry the original statement or a copy thereof, in case of an inspection.  Foreigners who have recovered a lost residence card are obliged to notify the Voivode of this fact within 3 days from the date of recovery.  If the foreigner has already received another document issued to replace the lost card, they are obliged to return the recovered document to the Voivodeship Office immediately.

NOTE :Failure to comply with these obligations may lead to a fine.

NOTE : The residence card should be collected in person at the Voivodeship Office. In the case of children aged under 13 the card is collected by the parent or another legal custodian (e.g. court-appointed family guardian).

A new residence card is issued within 1 month of filing the application for replacement of the card. If the Voivodeship Office fails to issue a new card within the period specified above, it shall notify the foreigner of this fact, stating the reasons for the delay and specifying a new deadline for concluding the matter.

Fees

  • 1 - for issuing and replacing a residence card – 50 PLN
  • for replacing a residence card resulting from its loss or destruction for which the foreigner is at fault – 100 PLN
  • 2 - for each subsequent loss or destruction of the residence card for which the foreigner is at fault - 150 PLN
  • The fee for issuing or replacement of the residence card is not charged in the following cases:

  • 3 - issuing the first residence card to a foreigner who was granted in Poland: a). refugee status, b). subsidiary protection, c). residence permit for humanitarian reasons;
  • 4- the first residence card issued for a foreigner who was granted a permanent residence permit in Poland as a member of the closest family of a repatriate;
  • 5- if the issued or replaced document contained technical defects;
  • 6- replacement of a residence card due to Poland assuming responsibility for the protection of the holder of a residence card issued pursuant to granting of a long-term EU resident permit with the annotation "international protection granted by…" (specification of the EU Member State granting protection);
  • 7- replacement of a residence card if another EU Member State has assumed responsibility for the protection of the holder of a residence card issued pursuant to granting of a long-term EU resident permit;

Legal basis

The Foreigners Act of 12 December 2013 (Journal of Laws 2013, No. 0, item 1650).

TEMPORARY RESIDENCE PERMIT

When can a foreigner obtain a temporary residence permit?

Foreigners who are planning to stay in Poland for a period longer than 3 months may apply for a temporary residence permit in Poland. A temporary residence permit is granted for a maximum period of 3 years. However, the validity period of the permit may be shorter if a shorter stay is justified, pursuant to the grounds for application.

NOTE: A temporary residence permit is not automatically prolonged. If the foreigner wishes to prolong his stay in Poland, he must apply for a new permit.

Note: The foreigner should leave Poland prior to the expiry of the temporary residence permit, unless he has obtained another valid document entitling him to stay in Poland legally (e.g. a subsequent temporary residence permit, permanent residence permit, or a EU resident permit).

The procedure of legalisation of temporary residence takes place at the competent Office for Foreigners of the Voivodeship Office in the voivodeship where the foreigner resides.

Addresses of the offices are available here

    In order to obtain a temporary residence permit, the foreigner has to present documented grounds for their stay in Poland. Such grounds may include:

  • 1-Starting or continuing work in Poland;
  • 2-Performance of work in an occupation requiring high skills (what does it mean to perform work in an occupation requiring high skills?
  • 3-Performance of work by a foreigner delegated to Poland by a foreign employer;
  • 4-Conducting business activity in Poland;
  • 5-Starting or continuation of studies in Poland;
  • 6-Completion of a preparatory course prior to starting education in undergraduate, postgraduate or doctoral studies in Polish;
  • 7-Conducting academic research in Poland;
  • 8-Visiting family members by a Polish citizen or family member of a foreigner;
  • 9-Status of victim of human trafficking who resides in Poland, starts co-operation with organs conducting an investigation as part of efforts to combat human trafficking and who has ceased all contacts with persons suspected of human trafficking;
  • 10-Intention of a family member to reunite with a citizen of EU an Member State, EFTA Member State or the Swiss Confederation, residing in Poland;
  • 11-Status of a child (minor) of a foreigner who resides in Poland pursuant to a national visa or temporary residence permit, if the child was born during the validity period of the national visa or temporary residence permit;
  • 12-Status of a child (minor) of a foreigner who is married to a Polish citizen and possesses a temporary residence permit issued for a family member of a Polish citizen;
  • 13-Other important, documented circumstances.
  • Fingerprints are collected from foreigners who apply for a temporary residence permit, in order to include them in the residence card.

Foreigners who cannot apply for a temporary residence permit

    The initiation of proceedings for granting a temporary residence permit to a foreigner is denied in the following cases:

  • 1- The foreigner was granted a permanent residence permit or a long-term EU resident permit,
  • 2- The foreigner resides in Poland pursuant to a Schengen visa entitling him to enter Poland only for humanitarian purposes, due to interest of the state or international commitments,
  • 3- The foreigner resides in Poland pursuant to a temporary residence permit that was issued due to circumstances requiring a short-term stay,
  • 4- The foreigner was granted a tolerated residence permit, residence permit due to humanitarian reasons, asylum, subsidiary or temporary protection or was granted refugee status in Poland,
  • 5- The foreigner is applying for refugee status or seeks asylum,
  • 6- The foreigner is detained, placed in a guarded facility or detainment facility for foreigners or if an order prohibiting him to leave the country has been issued,
  • 7- The foreigner is imprisoned or temporarily arrested,
  • 8- The foreigner was obliged to return and the period of voluntary return specified in the decision obliging the foreigner to return has not expired yet; this also applies in the case of prolongation of such period,
  • 9- The foreigner is obliged to leave Poland within 30 days of the date when the decision of refusal to prolong a visa, grant a residence permit, to grant refugee status or to grant subsidiary protection or the decision to withdraw residence permit for humanitarian reasons became binding,
  • 10- The foreigner resides outside Poland (this does not apply to applications for a residence card for family reunification purposes),
  • 11- The fingerprints of the foreigner were not collected for the purposes of issuing a residence card when filing the application for granting a temporary residence permit.

When can a temporary residence permit be withdrawn?

    A temporary residence permit may be withdrawn, i.e. cancelled, if:

  • 1-the purpose of residence that constituted the basis for issuing the temporary residence permit to the foreigner has ceased to exist,
  • 2-the foreigner ceases to fulfil the requirements for granting a temporary residence permit,
  • 3-the foreigner's personal data have been entered into the register of foreigners whose stay on the Polish territory is undesirable,
  • 4-for reasons of state security or defence or protection of public safety and order,
  • 5-in the course of the proceedings for granting a temporary residence permit: a). the foreigner filed an application containing false personal data or false information or attached documents containing such data or information to the application, or b). the foreigner provided an untrue statement, concealed the truth, forged or altered a document in order to present it as true,
  • 6-the foreigner is in tax arrears, with the exception of cases when they have obtained a lawful exemption, deferral or division of overdue tax payments into instalments or if the decision of the organ responsible for tax collection was suspended in its entirety,
  • 7-a decision obliging the foreigner to return was issued and the foreigner did not reimburse the costs associated with the issuing and execution of such decision, and such costs were covered from the state budget (what is a decision obliging a foreigner to return ->?),
  • 8-the foreigner is subject to compulsory medical treatment and he does not consent to such treatment (individuals suffering from tuberculosis, syphilis and gonorrhoea are subject to compulsory treatment).
  • The above provisions contain a general list of grounds for withdrawal of a temporary residence permit that apply to all temporary residence permits. Additional grounds for withdrawing a temporary residence permit are also foreseen in respect of specific residence permits (e.g. temporary residence and work permit, temporary residence permit for the purpose of undertaking studies, etc.). Information concerning additional grounds for the withdrawal of a temporary residence permit is available below, in the section on types of residence permits.

Procedure of application for a temporary residence permit

A temporary residence permit is issued by the Office for Foreigners of the competent Voivodeship Office for the place of residence of the foreigner.

Addresses of the Voivodeship Offices are available here

Fingerprints are collected from foreigners who apply for a temporary residence permit in order to include them in the residence card (what are fingerprints ->?)

If a foreigner files an application for a temporary residence permit during their legal stay in Poland and if the application is completed in full, the Voivode places a stamp in the travel document of the foreigner confirming that an application for granting a temporary residence permit has been filed. This stamp legalises the stay of the foreigner in Poland (even in the event of expiry of the visa or of the previous residence card) until the date of issuing a decision on the residence card, and in the case of an appeal against a negative decision until the moment when the decision made upon appeal i.e. by the Head of the Office for Foreigners) becomes binding.

Note: The aforementioned stamp does not entitle the foreigner to travel to other Schengen countries or EU Member States. Pursuant to the stamp in the passport the foreigner may leave for their country of origin, although they may not return to Poland with the stamp – in order to re-enter Poland, the foreigner should obtain a visa.

Foreigners applying for a temporary residence permit should file the application for a temporary residence permit in person. If the foreigner does not file the application in person (e.g. if it is filed by an attorney) he will be summoned by the Voivode to appear at the office in person within 7 days (in order for the competent authorities to collect the foreigner's fingerprints). If the foreigner fails to appear at the office, their application shall remain unconsidered, i.e. the procedure for granting a residence card will be discontinued.

    Essential documents required for filing an application for a temporary residence permit:

  • 1- 4 completed copies of the temporary residence permit application (form available here );
  • 2- 3 copies of a valid travel document and the original available for inspection on request – what to do when the foreigner does not possess a valid travel document? ->
  • 3- 4 current, colour photographs - guidelines for the photographs are available here
  • 4- written consent of the individuals who exercise parental authority over a minor foreigner applying for a permit.
  • Additionally, the applicant should submit documents confirming the data included in the application and confirming the purpose of the foreigner's stay in Poland. Submitting the most complete and exhaustive set of documents possible accelerates consideration of the case. Below you can find information concerning the procedures for an application for specific types of temporary residence permits and a list of documents required when applying for the given permit. However, one should bear in mind that the Voivodeship Office may always summon the foreigner to appear in person and present additional documents to confirm the declared purpose of his stay in Poland.

Duration of the procedure

The decision for granting a temporary residence permit should be issued within 1 month, and in particularly complex cases not later than 2 months from the date of submission of documents.

The appeal procedure also lasts for 1 month, starting from the date of receipt of the appeal at the Office for Foreigners. These periods do not include the duration of suspension of the proceedings and periods of delay for which the foreigner is at fault or to reasons beyond the control of the Office for Foreigners.

However, the procedure may be prolonged. This results from the fact that the Voivode is obliged to check whether the entry and stay of the foreigner in Poland does not constitute a threat to national defence, public safety and order. Institutions which the Voivode contacts in this case have 30 days to provide information. Moreover, as each case is considered on an individual basis, the procedure may be prolonged until all important circumstances of the case are clarified.

Appeal procedure

A foreigner who is dissatisfied with the decision of the Voivode may appeal to the Head of the Office for Foreigners (UdsC) in Warsaw, via the Voivode who issued the decision. A written appeal should be filed within 14 days of the date of receipt of the decision.

The foreigner may file an appeal against the decision of the Head of the Office for Foreigners in an administrative court within 30 days of the date of receipt of the decision.

Important: filing an appeal in an administrative court does not legalise the stay. This means that unless the foreigner has another valid document authorising them to stay in Poland, they should leave Poland.

Fees

The stamp duty for consideration of granting a temporary residence permit is PLN 340. This fee is reimbursed in the case of a negative decision, at request of the applicant.

The stamp duty for consideration of granting a temporary residence and work permit is PLN 440.

If a positive decision is issued, an additional fee of PLN 50 must be paid for issuing a residence card.

These amounts can be paid at the cash desk of the Voivodeship Office where the case is being considered, or by bank transfer to the account of the Municipal Office. The bank account number can be received at the relevant Voivodeship Office.

Legal grounds

The Foreigner's Act of 12 December 2013 (OJ L 2013, No. 0, item 1650)

PERMANENT RESIDENCE PERMIT

A decision on granting a permanent residence permit is issued for an indefinite period. A residence card remains valid for 10 years, which means that it should be replaced every 10 years.

A permanent residence permit issued in Poland does not entitle the foreigner to take up work in another country.

A permanent residence permit entitles the foreigner to travel to other Schengen Area countries for up to 90 days in a 180-day period for tourism purposes (which countries belong to the Schengen Area ->?).

Circumstances for granting a permanent residence permit

    A permanent residence permit may be granted to a foreigner who:

  • 1- is a child of a foreigner who has a permanent residence permit in Poland or a long-tern EU resident permit, remaining in the parental custody of the foreigner, and:
      a ) was born after the parent was granted a permanent residence permit in Poland or a long-term EU resident permit, or
      b ) was born during the period of validity of the temporary residence permit granted to his parent,
  • 2- is a child of a Polish citizen in parental custody of the citizen,
  • 3- is a person of Polish origin (who is deemed as a person of Polish origin ->?) and intends to settle in Poland permanently,
  • 4- has been married to a Polish citizen in a marriage recognized by Polish law for at least 3 years prior to filing the application for a permanent residence permit and has stayed in Poland without interruption immediately before filing the application (what is an uninterrupted stay ->?) for at least 2 years pursuant to a temporary residence permit issued pursuant to marriage with a Polish citizen or to obtaining refugee status, subsidiary protection or consent for stay issued due to humanitarian reasons,
  • 5- is a victim of human trafficking and: a). lived in Poland immediately before filing the application for a period of at least 1 year pursuant to a temporary residence permit issued to foreigners who are victims of human trafficking, b). has co-operated with law enforcement organs in criminal proceedings; c). has justified concerns regarding the return to the country of origin, confirmed by the prosecutor conducting proceedings in the particular case,
  • 6- has stayed in Poland uninterruptedly immediately before filing an application for a permanent residence permit (what is an uninterrupted stay ->?) for at least 5 years pursuant to refugee status, subsidiary protection or consent for stay issued due to humanitarian reasons,
  • 7- has stayed in Poland uninterruptedly immediately before filing an application for a permanent residence permit (what is an uninterrupted stay ->?) for at least 10 years in the case of a tolerated residence permit granted in the following cases:
      a ) if an obligation of the foreigner to return (what is an obligation of the foreigner to return ->?) may only apply to a country where:
        the foreigner's right to life, freedom and personal safety would be threatened, or
        the foreigner may be subjected to torture or inhuman or degrading treatment or punishment, or
        the foreigner may be forced to work, or
        the foreigner may be deprived of the right to fair judicial proceedings or be punished without legal grounds,
      b ) the foreigner may be obliged to return only to a country to which it is impermissible to extradite the foreigner pursuant to a court decision or to a judgment of the Minister of Justice refusing to extradite the foreigner,
  • 8- has been granted asylum in Poland, or
  • 9- has a valid Pole's Card and intends to settle in Poland permanently.

Procedure of legalisation of stay pursuant to a permanent residence permit

The procedure of legalisation of permanent residence takes place at the competent Office for Foreigners of the Voivodeship Office in the voivodeship where the foreigner resides.

Addresses of VOivodeship Offices are available here

The foreigner should file the application for a permanent residence permit in person during his legal stay in Poland.

    The basic set of documents required for filing a complete application for a permanent residence permit:

  • 1- completed application for a permanent residence permit (the form is available here );
  • 2- 4 current photographs (guidelines concerning photographs are available here );
  • 3- a valid foreign passport for visual inspection purposes;
  • 4- documents necessary to confirm the information contained in the application and the circumstances justifying the application for a permanent residence permit;
  • 5- proof confirming payment of stamp duty.
  • Additionally, the following documents must be presented:

  • 6- in the case of the minor who is a child of a foreigner in Poland who has a permanent residence permit or long-term EU resident permit, who remains under his parental custody and who was born after his parent was granted the permanent residence permit or long-term EU resident permit: - a copy of the birth certificate; - a copy of the decision of granting a permanent residence permit or long-term EU resident permit to his legal representative (e.g. parent)
  • 7- in the case of a child of a Polish citizen who remains under his parental custody: - a copy of the birth certificate - a copy of the identity card of the legal representative (e.g. parent)
  • 8- in the case of a foreigner of Polish origin: - originals of the documents confirming Polish descent of at least one of his parents, grandparents or two great grandparents; - documents confirming the relationship to the person of Polish origin (in the case of copies of documents confirming Polish origin, the documents should be appended with an apostille clause)
  • 9- in the case of the marriage to a Polish citizen: - a current copy of the marriage certificate (not older than 3 months); - a copy of the spouse's identity card; - a copy of their children’s birth certificates; - a certificate of discharge of fiscal obligations due to the Treasury issued by the tax office with jurisdiction over the foreigner's place of residence - what is a certificate of discharge of fiscal obligations due to the Treasury? ->
  • 10- in the case of the victims of human trafficking: - documents confirming cooperation with law enforcement authorities in the criminal proceeding related to the offence of human trafficking and legitimate concerns regarding return to the country of origin, confirmed by the prosecutor conducting criminal proceedings;
  • 11- in the case of residing in Poland legally and continuously for a period not shorter than 5 years on the basis of refugee status, supplementary protection or residence for humanitarian reasons directly before submitting the application: documents confirming the required 5 year residence in Poland
  • 12- in the case of residing legally and continuously for a period not shorter than 10 years directly before submitting the application on the basis of tolerated stay: documents confirming the required 10 year residence in Poland
  • 13- in the case of asylum in Poland: documents certifying the receipt asylum in Poland
  • 14- in the case of having a valid Pole's Card: copy of the valid Pole's Card and its original for inspection.

Fingerprints are collected from foreigners applying for a permanent residence permit, in order to include them in the residence card.

If a foreigner files an application for a permanent residence permit during his legal stay in Poland, the Voivode places a stamp in the foreign passport of the foreigner confirming the submission of the application for a permanent residence permit. The foreigner's stay in Poland pursuant to such a stamp is legal (even if the visa or preceding residence card expires) until the date of issuing the decision on the residence card, and in the case of appeal against a negative decision of the Voivode until the date when the decision issued in the 2nd instance becomes binding.

Note! The stamp in the passport does not entitle the foreigner to travel to other Schengen Area countries. The foreigner may leave for their country of origin pursuant to the stamp, but they will not be able to re-enter Poland (in order to re-enter Poland, a valid visa or residence card is required).

Note! A permanent residence permit issued in Poland does not entitle the holder to undertake work in any other country in the Schengen Area. Pursuant to a permanent residence permit issued in Poland, the foreigner has the right to travel to other countries in the Schengen Area (which countries belong to the Schengen Area ->?) for up to 90 days in a period of 180 days, for tourism purposes only. In order to be able to travel to other countries in the Schengen Area, a valid foreign passport and health insurance covering the costs of medical treatment in the given Schengen Area country are required, along with a valid residence card.

Period of validity of a permanent residence permit

A permanent residence permit is valid for an indefinite period, although the residence card has to be replaced every 10 years. Application for a subsequent residence card should be filed not later than 30 days before the expiry of the current residence card.

Duration of the procedure

A case should be considered within 1 month.

If the Voivodeship Office fails to consider the case within the period specified above, it shall notify the foreigner of this fact, stating the reasons for the delay and specifying a new deadline for resolving the issue.

Appeal procedure

A foreigner who is dissatisfied with the decision of the Voivode may appeal to the Head of the Office for Foreigners (UdsC) in Warsaw, via the Voivode who issued the decision. A written appeal should be filed within 14 days of the date of receipt of the decision.

The foreigner may file an appeal against the decision of the Head of the Office for Foreigners in an administrative court within 30 days of the date of receipt of the decision.

Important: filing an appeal in an administrative court does not legalise the stay. This means that unless the foreigner has another valid document authorising them to stay in Poland, they should leave Poland.

Fees

Stamp duty for initiating the procedure of granting a permanent residence permit is 640 PLN. This amount is reimbursed in the case of a negative decision, upon written request of the applicant. If a positive decision is issued, an additional 50 PLN must be paid for issuing a residence card.

These amounts can be paid at the cash desk of the Voivodeship Office where the case is being considered, or by bank transfer to the account of the Municipal Office. The bank account number can be received at the relevant Voivodeship Office.

Refusal to initiate proceedings for granting a permanent residence permit

    A foreigner will not be granted a permanent residence permit in Poland if:

  • 1- he is staying in Poland: - without documents authorising him to stay; or - pursuant to a Schengen visa authorising him to enter and stay in Poland, if such a visa was issued due to humanitarian reasons; - pursuant to a temporary residence permit due to circumstances requiring a short-term stay in Poland (some exceptions from this rule apply to persons who apply for a residence card pursuant to their Polish origin); - pursuant to a long-term EU resident permit, or;
  • 2- he is detained, he is staying in a guarded facility or detainment facility for foreigners or if an order prohibiting him to leave the country has been issued,
  • 3- he is imprisoned or temporarily arrested,
  • 4- he has been obliged to return and the period of voluntary return specified in the decision obliging the foreigner to return has not yet expired; this also applies in the case of prolongation of such a period;
  • 5- he is obliged to leave Poland;
  • 6- he is staying outside Poland;
  • 7- he did not submit their fingerprints in order to receive a residence card.

Withdrawal of a permanent residence permit

    The foreigner will receive a decision refusing a permanent residence permit if:

  • 1- he does meet the requirements for granting a permanent residence permit,
  • 2- he is entered into the register of foreigners who are undesirable in the Republic of Poland (what is the register of foreigners who are undesirable in the Republic of Poland ->?),
  • 3- his data are entered in the Schengen Information System for the purposes of refusal of entry (what is the Schengen Information System ->?),
  • 4- it is required for reasons of state security or defence or protection of public safety and order,
  • 5- it is required due to the interests of the Republic of Poland,
  • 6- the application for granting a permanent residence permit is based on the fact that the foreigner has entered into a marriage with a Polish citizen and the marriage was entered into in order to get around legal regulations,
  • 7- in the course of the procedure for granting a permanent residence permit the foreigner filed an application containing false personal data or false information, made false statements or concealed the truth or forged a document and presented it as authentic,
  • 8- he is in tax arrears, with the exception of cases where he has obtained a lawful exemption, deferral or division of overdue tax payments into instalments or if the decision of the organ responsible for tax collection has been suspended in its entirety,
  • 9- he did not repay costs resulting from the issuing and execution of a decision obliging him to return, and the costs were covered from the state budget.

A permanent residence permit may also be withdrawn, i.e. cancelled.

    This takes place in the following cases:

  • 1- it is required due to reasons of state security or defence or protection of public safety and order,
  • 2- it is required due to the interests of the Republic of Poland,
  • 3-the application for the permit or the attached documents contained false personal data, forged documents or documents presenting false information,
  • 4-in the course of the procedure for granting a permanent residence permit the foreigner made false statements or concealed the truth or forged a document and presented it as authentic,
  • 5-if the foreigner has been convicted in Poland of a wilful offence and sentenced to at least 3 years of imprisonment,
  • 6-he has left Poland for a period longer than 6 years.
  • If the permanent residence permit was granted pursuant to a marriage with a Polish citizen, the permit may be withdrawn if the foreigner divorces within 2 years of the date of granting the permanent residence permit.

Legal grounds

The Foreigner's Act of 12 December 2013 (OJ L 2013, No. 0, item 1650

LONG-TERM EU-RESIDENT PERMIT

What is the long-term EU resident permit?

The long-term EU resident permit is a permit entitling the holder to stay in Poland permanently. The decision on granting such a residence permit is issued for an indefinite period. The residence card remains valid for 5 years, which means that it should be replaced every 5 years. The foreigner is not entitled to take up work in a country other than Poland pursuant to a long-term EU resident permit issued in Poland. The long-term EU-resident permit entitles the foreigner to travel to other Schengen Area countries for up to 3 months in a half-year period for tourism purposes (which countries belong to the Schengen Area ->?).

What Is The Long-Term EU Resident Permit?

    A long-term EU-resident permit may be granted to a foreigner who:

  • 1- has been staying in Poland legally and uninterruptedly for at least 5 years (what is an uninterrupted stay?);
  • 2- has maintained a stable and regular source of income (what is the stable income condition ->?) for the 3 years of their stay in Poland immediately preceding the submission of the application (in the case of Blue Card holders (what is a Blue Card ->?) a 2-year period of stable income is required);
  • 3- has health insurance (documents confirming the possession of health insurance ->);
  • 4- has a place of residence in Poland;
  • 5- presents a temporary residence address certificate – what is the residence address certificate? -> or a declaration of inability to obtain such a certificate.

Procedure of application for a long-term EU resident permit

The procedure of application for a long-term EU resident permit is conducted at the Office for Foreigners of the competent Voivodeship Office for the place of residence of the foreigner.

Addresses of Voivodeship Offices are available here

The application must be filed by a foreigner who is legally staying in Poland.

    In order to apply for a long-term EU resident permit the following documents must be filed:

  • 1- application for a long-term EU-resident permit completed in Polish (form available here ->);
  • 2- a foreign passport for visual inspection (what to do if you do not possess a valid travel document ->?);
  • 3- 4 current photographs (guidelines concerning photographs are available here ->);
  • 4- documents necessary to confirm the information contained in the application and the circumstances justifying the application for a long-term EU resident permit;
  • 5- a guaranteed place of residence in Poland (what is a guaranteed place of residence ->?);
  • 6- an official certificate of Polish language competence. Note: Polish language skills must be documented at not lover than the level of communicative. Documents certifying Polish language skills are, among others, a school-leaving certificate obtained in Poland, a school-leaving certificate obtained from a school abroad with Polish as the language of instruction, or a certificate issued by the State Commission for the Certification of Proficiency in Polish as a Foreign Language.

When a foreigner files an application for a long-term EU resident permit during his legal stay in Poland, the Voivode places a stamp in the travel document of the foreigner confirming that the application for a long-term EU resident permit was filed. The stay in Poland pursuant to such a stamp is legal (even in the event the visa or preceding residence card expires) until the date of issuing the decision on the residence card, and in the case of appeal against negative decision of the Voivode until the date when the decision issued in the 2nd instance becomes binding.

Note! The stamp in the passport does not entitle the foreigner to travel to other Schengen Area countries. The foreigner may leave for their country of origin pursuant to the stamp, but they will not be able to re-enter Poland (in order to re-enter Poland, a valid visa or residence card is required).

Fees

Stamp duty for initiating the procedure of granting a long-term EU resident permit is 640 PLN. This amount is reimbursed in the case of a negative decision, upon request of the applicant. If a positive decision is issued, an additional 50 PLN must be paid for issuing a residence card.

These amounts can be paid at the cash desk of the Voivodeship Office where the case is being considered, or by bank transfer to the account of the Municipal Office. The bank account number can be received at the relevant Voivodeship Office.

Duration of the procedure

The case should be considered within 3 months.

If the Voivodeship Office fails to consider the case within the period specified above, it shall notify the foreigner of this fact, stating the reasons for the delay and specifying a new deadline for resolving the matter.

Period of validity of a long-term EU resident permit

A long-term EU resident permit is valid for an indefinite period, although the residence card has to be replaced every 5 years. Application for a subsequent residence card should be filed not later than 30 days before the expiry of the current residence card.

Appeal procedure

A foreigner who is dissatisfied with the decision of the Voivode may appeal to the Head of the Office for Foreigners (UdsC) in Warsaw, via the Voivode who issued the decision. A written appeal should be filed within 14 days of the date of receipt of the decision. The case on appeal should be considered within 2 months.

The foreigner may file an appeal against the decision of the Head of the Office for Foreigners in an administrative court within 30 days of the date of receipt of the decision.

Important: filing an appeal in an administrative court does not legalise the stay. This means that unless the foreigner has another valid document authorising them to stay in Poland, they should leave Poland.

Refusal to initiate proceedings for granting a long-term EU resident permit

    A foreigner may not initiate the procedure of applying for a long-term EU resident permit, nor be granted such permit if:

  • 1 - he is staying in Poland:
      - without documents entitling him to stay; or
      - pursuant to a Schengen visa authorising him only to enter and stay in Poland, if the visa was issued due to humanitarian reasons;
      - for the purposes of participation in a course of study or vocational training;
      - for the purposes of starting or continuation education in Poland,
      - pursuant to consent to stay due to humanitarian reasons, tolerated stay, asylum or temporary protection,
      - pursuant to a temporary residence permit that was issued due to circumstances requiring a short-term stay,
      - pursuant to a permit to cross the border under the local border traffic regime,
  • 2 - he is an employee delegated by a service provider for the purpose of providing cross-border services or is a service provider providing cross-border services (a cross-border service means that a service provider who owns a business established in one Member State may temporarily render a service in another EU Member State);
  • 3 - he is staying in a guarded facility or detainment facility for foreigners or if an order prohibiting him to leave the country has been issued;
  • 4 - he is imprisoned or under arrest;
  • 5 - he was obliged to return and the period of voluntary return specified in the decision obliging the foreigner to return has not yet expired; this also applies in the case of prolongation of such a period;
  • 6 -he is obliged to leave Poland;
  • 7 -he is staying outside the borders of Poland;
  • 8 -he did not submit his fingerprints in order to receive a residence card.

Refusal to grant a long-term EU resident permit

    The foreigner will not be granted a long-term EU-resident permit if:

  • 1 - they do not meet the requirements specified above;
  • 2 - it is required for considerations of public security and order or the interests of the Republic of Poland.

Withdrawal of a long-term EU resident permit

A long-term EU resident permit may be withdrawn, i.e. cancelled.

    This takes place in the following cases:

  • 1 - the long-term EU resident permit was obtained illegally;
  • 2 -the foreigner constitutes a threat to state security or defence or to the protection of public safety and order;
  • 3 -the foreigner has left Poland for a period longer than 6 years;
  • 4- the foreigner has left the territory of the European Union for a continual period of:
      a ) 12 months;
      b ) 24 months if they held a temporary residence permit issued for the purpose of employment of high-skilled workers or if they are family members of a foreigner who had such a permit;
  • 5 -the foreigner has obtained a long-term EU resident permit in another EU Member State,
  • 6 -the foreigner's refugee status or subsidiary protection was withdrawn pursuant to legal regulations, if the long-term EU resident permit was granted in connection with their stay in Poland pursuant to refugee status or subsidiary protection.

Legal grounds

The Foreigners' Act of 12 December 2013 (OJ L 2013, No. 0, item 1650)

B) POLISH CITIZENSHIP

HOW TO OBTAIN POLISH CITIZENSHIP?

    Polish citizenship can be obtained:

  • 1 - By virtue of law
  • 2 - By granting Polish citizenship
  • 3 - By recognition of a Polish citizen
  • 4 - By restoration of Polish citizenship

By virtue of law

    By virtue of law, a minor acquires Polish citizenship if:

  • 1 - at least one of the parents holds Polish nationality at the moment of the child’s birth (right of blood), or
  • 2 - he was born on the territory of the Republic of Poland and his parents are unknown, hold no citizenship or their nationality is undefined (right of soil)

A child acquires Polish citizenship if found in the territory of Republic of Poland and his parents are unknown.

If a minor foreigner before reaching the age of sixteen is adopted by a person or persons holding Polish citizenship, it is assumed that the foreigner acquired Polish citizenship on the day of his birth.

Granting of citizenship

Polish citizenship is granted by the President of the Republic of Poland. The President shall not be restricted by any conditions that must be met by a foreigner to grant him Polish citizenship. This means that the President can grant Polish citizenship to any foreigner, regardless of how long he has stayed in Poland.

Granting Polish citizenship takes place at the request of the foreigner. The application for granting Polish citizenship to a person residing legally in Poland shall be submitted to the President via the Voivode competent for the place of residence of the applicant. If the foreigner lives abroad, the application shall be filled via the competent consul. Addresses to the Provincial Offices and to consular departments of the Republic of Poland are available here

The application shall be filed in person or by mail. Documents issued in a foreign language shall be submitted with their translation into the Polish language drawn up by a sworn translator or by a Polish consul.

An application for Polish citizenship is available here

It should be remembered that the procedure for granting citizenship by the President may take time as the provisions of the Code of Administrative Proedure do not apply in such cases. This means that even if the case could be resolved on the basis of evidence presented by the applicant, it does not have to be resolved immediately, as is the case for the procedure of recognition as a Polish citizen. An applicant for citizenship is obliged to justify his application and to present an important reason for granting him Polish citizenship.

Refusal to grant Polish citizenship does not require justification and is not contestable.

Recognition as a Polish citizen

A foreigner can be recognized as a Polish citizen.

    Recognition as a Polish citizen shall be granted to:

  • 1-a foreigner residing continuously in Poland (what is an uninterrupted stay?->) for at least 3 years on the basis of a permanent residence permit -> or a long-term EU resident permit -> and who has a stable and regular source of income in Poland and legal title to the occupied dwelling->;
  • 2-a foreigner residing continuously in Poland (what is an uninterrupted stay?->) for at least 2 years on the basis of a permanent residence permit -> or a long-term EU resident permit -> and who has been married to a Polish citizen for at least three years or holds no citizenship;
  • 3-a foreigner residing continuously in Poland (what is an uninterrupted stay?->) for at least 2 years on the basis of a permanent residence permit -> which was obtained in connection with refugee status granted in Poland;
  • 4-a minor foreigner with one parent who is a Polish citizen residing in Poland on the basis of a permanent residence permit -> or a long-term EU resident permit ->, and the other parent who does not hold Polish citizenship has agreed to this recognition;
  • 5-a minor foreigner with at least one parent whose Polish citizenship has been restored, if the minor resides in Poland on the basis of a permanent residence permit -> or a long-term EU resident permit -[gt] and the other parent who does not have Polish citizenship has agreed to this recognition;
  • 6-a foreigner residing continuously and legally in Poland for at least 10 years (what is an uninterrupted stay?->) who meets all of the following conditions:
  • 7- has a permanent residence permit -> or a long-term EU resident permit ->,
  • 8-and has a stable and regular source of income in Poland along with legal title to the occupied dwelling;

(Unlike point 1, it is not specified on what basis a foreigner should reside in Poland for at least 10 years. It may be a visa or a temporary residence card. This means that upon submission of the application for recognition as a Polish citizen, the foreigner must have a permit to settle or a long-term EU resident permit. For example: a foreigner was residing legally and continuously in Poland for 9 years on the basis of a temporary residence card; after 9 years, the foreigner received a long-term EU resident permit and has lived in Poland for 1 year - in this case the foreigner may submit a request for recognition as a Polish citizen)

  • 7 - a foreigner residing continuously in Poland for at least 2 years on the basis of a permanent residence permit -> which was obtained in connection with the foreigner's Polish ancestry.

Recognition as a Polish citizen takes place at the request of the applicant. An application for recognition as a Polish citizen shall be submitted to the Voivode with jurisdiction over the foreigner’s place of residence (i.e. the place where the foreigner’s primary life interests are focused), not necessarily in the foreigner’s registered place of residence. Consequently, a foreigner is obliged to indicate in his application the place of residence where his primary life interests are centered, and not the registered place of residence. Addresses of Voivodeship authorities are available here-> A decision on recognition of a foreigner as a Polish citizen is issued by the Voivode with jurisdiction over the foreigner's place of residence.

Important: to be able to be recognized as a citizen of Poland - except for a foreigner referred to in section 1 points 4 and 5 - the foreigner is obliged to have a command of Polish language. Language proficiency must be confirmed with an official certificate obtained after passing a State examination, a school-leaving certificate (e. g., elementary, secondary or tertiary school) in Poland or a school-leaving certificate obtained from a school abroad with Polish as the language of instruction.

Certificates for Polish language skills are issued by the State Commission for the Certification of Proficiency in Polish as a Foreign Language. Currently, to receive a certificate the applicant must pass an exam organized by the Commission at the basic communication level (level B1).

For detailed information about the exam, dates and current fees, contact the State Commission for the Certification of Proficiency in Polish as a Foreign Language.

buwiwm.edu.pl (website only in Polish). Important information about the exams are available on the website www.certyfikatpolski.pl

    The application for recognizing a foreigner as a Polish citizen shall include:

  • 1-a completed application for recognition as a citizen of Polish drawn up in Polish - the application form is available here->
  • 2-1 photograph - photo guidelines are available here->
  • 3-the original or a certified copy of the applicant’s birth certificate. There is no obligation to submit a copy of a Polish civil register act. Foreign acts shall be submitted together with a sworn translation into Polish.
  • 4-a certified copy of a document confirming the foreigner's identity and citizenship (foreign passport, travel document)
  • 5-a certified copy of a permanent residence card in Poland, settlement permit or residence permit for a long-term EU resident
  • 6-a certified copy of a permanent resident card issued by a Voivode,
  • 7-an official certificate of Polish language competence Note: Polish language skills must be documented at not lover than the level of communicative. Documents certifying Polish language skills are, among others, a school-leaving certificate obtained in Poland, a school-leaving certificate obtained from a school abroad with Polish as the language of instruction, or a certificate issued by the State Commission for the Certification of Proficiency in Polish as a Foreign Language,
  • 8-a statement concerning the dates of departures from and returns to Poland as well as places of residence abroad during the required periods of uninterrupted stay (i.e. 10, 3 or 2 years, depending on what basis the foreigner is applying for recognition as a citizen of Poland) together with documents confirming the uninterrupted stay in Poland (e.g. passport with stamps, tickets). If the applicant does not remember the specific dates of departure from Poland and there is no possibility of obtaining such information (for example, currently in Ukraine and Belarus citizens do not receive entry and exit stamps when crossing Polish boarder), he may submit a statement that he does not remember the specific dates of the departures and can provide only approximate dates. The application form for a statement of uninterrupted stay is available here->
  • 9-documents confirming professional achievements (e.g. scientific or professional degrees and titles) or pursued political and social activity,
  • 10-a document confirming the citizenship of the foreigner’s spouse (e.g. passport),
  • 11-documents confirming the foreigner held Polish citizenship in the past, or has applied for it,
  • 12-proof of payment of stamp duty for issuing the decision on recognition as a Polish citizen, A foreigner applying for recognition as a Polish citizen on the basis of points 1 and 6 (read above) shall additionally submit:
  • 13-evidence of a stable and regular source of income in Poland (e.g. certificate of employment, a PIT form for the previous year, a certificate of owning a farm with information about its size from the municipal office, a decision concerning the granting of a pension),
  • 14-evidence of legal title to residential premises ->

Fees

Stamp duty for the decision on acquiring Polish citizenship is 219 PLN. In the case an application is refused, the payment shall be refunded at the request of the applicant.

Duration of the procedure

If it can be concluded on the basis of the evidence presented by the applicant, the case should be resolved immediately, If a case requires an investigation, it shall be dealt not later than within a month. If the case is particularly complicated, a decision should be delivered within two months (the aforementioned deadlines do not include the periods of delays arising from the fault of the applicant or for reasons beyond the control of the authorities).

Appeal procedure

An appeal against a decision of the Voivode can be submitted to the Minister of the Interior, via the Voivode, within 14 days of the date on which the negative decision is served.

An appeal against a decision of the Minister, however, may be filed at the Provincial Administrative Court in Warsaw.

Restoration of Polish citizenship

Foreigners who previously held Polish citizenship but lost it before 1 January 1999 can apply for restoration of Polish citizenship. The foreigner must submit an appropriate application to the Minister of the Interior.

A foreigner residing outside Polish territory shall submit an application for restoration of Polish citizenship via the consul appropriate for the foreigner’s place of residence.

The application for restoration of Polish citizenship must contain, among other information, the foreigner’s personal data, address of residence, statement on holding Polish citizenship in the past, information about the circumstances of its loss, and also a resume.

    The application for the restoration of Polish citizenship shall be accompanied by:

  • 1-documents proving the foreigner's identity and citizenship;
  • 2-documents confirming a change of name and surname, if such occurred;
  • 3-documents proving the loss of Polish citizenship;
  • 4-a photograph of the applicant.

Applications, statements and documents drawn up in a foreign language shall be submitted with their Polish translation drawn up or certified by a sworn translator or by a consul.

The acquisition of Polish citizenship shall happen on the day on which the decision restoring Polish citizenship has become final.

Duration of the procedure

If it can be concluded on the basis of the evidence presented by the applicant, the case should be resolved immediately, If a case requires an investigation, it shall be dealt not later than within a month. If the case is particularly complicated, a decision should be delivered within two months (the aforementioned deadlines do not include the periods of delays arising from the fault of the applicant or for reasons beyond the control of the authorities).

Fees

Stamp duty for submitting an application in Warsaw to the Minister of Interior is PLN 219. Stamp duty for submitting an application at a Polish consulate depends on the country of submission. For information about the fee, please contact the consulate with jurisdiction over the foreigner’s place of residence.

Appeal procedure

As a part of an appeal against a negative decision from the Minister of Interior, a request for reconsideration by the same authority can be submitted. The application must be submitted within 14 days of the date of notification of the decision and refusal to restore Polish citizenship.

ACQUIRING POLISH CITIZENSHIP ON THE BASIS OF MARRIAGE

A foreigner entering into a marriage with a Polish citizen does not automatically obtain Polish citizenship.

A foreigner who resides permanently in Poland (what is an uninterrupted stay?->) for at least 2 years on the basis of a permanent residence permit -> or a long-term EU resident permit -> and who remains married for at least 3 years to a person holding Polish citizenship may apply for recognition as a Polish citizen.

C) MARRIAGE TO A POLISH CITIZEN

TYPES OF MARRIAGES IN POLAND

    In Poland, a marriage can be contracted in:

  • 1-The civil registry office – USC, as a “civil ceremony” Addresses of civil registry offices (USC) can be found here:
  • Attention: For a marriage to be recognized by law in Poland, it must be registered at the USC. The USC (registry office) draws up a marriage certificate confirming the validity of the union.

  • 2-A place of worship (eg. in a Catholic or Orthodox church)

    In Poland, the marriage rite conducted according to the traditions of some religions can be recognized and registered by the civil registry office (USC) without having to enter into a separate civil marriage. This is the so-called concordat marriage. The following churches and religious associations can conduct valid concordat marriages:

      1- The Catholic Church, including the Roman Catholic, Greek Orthodox, Uniate and Neo-Uniate and Armenian Churches,
      2- The Polish Autocephalous Orthodox Church,
      3- The Lutheran Church,
      4- The Reformed Church,
      5- The Evangelical Methodist Church in Poland,
      6- The Baptist Church,
      7- The Seventh Day Adventist Church,
      8- The Mariavite Church,
      9- The Pentecostal Church,
      10- The Polish Catholic Church,
      11- The Union of Jewish Communes.

    The following churches and religious organizations operating in Poland have no right to carry out concordat marriage rites (which means that although a marriage in these rites is valid for the particular religion, it is not recognized by the USC, and as a result, for the marriage to be considered valid under the provisions of Polish law a separate civil ceremony at the civil registry office is required):

      1- The Muslim Religious Union
      2- The Karaim Religious Union
      3- The Old-Rite Eastern Church

DOCUMENTS REQUIRED FOR A MARRIAGE

Marriage at the USC – the Civil Registry Office

    In order to contract a marriage at the USC – the Civil Registry Office – the following documents must be presented to the Director of the USC:

  • 1-Documents confirming the identity of the persons intending to get married, with photographs;
  • 2-Copies of birth certificates of the above persons. If a copy is drawn up in a foreign language, a sworn translation into Polish by one of the sworn translators on the list published by the Polish Ministry of Justice or the Polish consul should be attached.
  • 3-Persons who have previously been married are required to attach documents certifying their current civil status and full capacity to get married:
      o An abridged copy of the marriage certificate with an entry on divorce or a copy of the final court divorce decree. If the divorce occurred abroad, you must submit the original copy of the judgment (decree) together with an official translation into Polish made by a sworn translator from the list published on the website of the Ministry of Foreign Affairs or by a consul of the Republic of Poland. In the event when separate recognition of the judgment is required for it to be effective (valid) on Polish territory, you must also attach the final order of the Polish court recognizing the decree. People who have taken a divorce within the European Union are required to attach a divorce certificate with an official translation, issued by the competent authorities in accordance with the Annex to art. 39 of the Council Regulation (EC) No 2201/2003;
      o An abridged copy of the marriage certificate with an entry on annulment, or a copy of the final annulment decree of the court;
      o An abridged copy of the death certificate of the spouse (for widowers and widows)
  • 4-In addition, foreigners wishing to get married in Poland need to submit a document certifying they are free to marry, issued in their country of origin, along with a sworn translation into the Polish language (the said document certifies that under the law of his or her country of citizenship, the foreign national is permitted to contract a marriage in Poland. To obtain such a document, the foreigner should apply to the competent authorities in the country of origin). If the foreigner cannot provide such a document (e.g. his country does not issue such documents), he should submit a court judgement relieving him of this obligation. Such judgements are issued by District Courts in non-litigious proceedings upon the foreigner’s request.
    Non-litigious proceedings mean that the procedure is not related to the commencement of the formal court proceedings. To obtain a permit exempting the foreigner from the obligation to submit the document described above, the person concerned must submit an application to the District Court having jurisdiction over the place of the foreigner's residence, requesting an exemption from the obligation to submit said document to the USC. The application should indicate the reasons for which a given person can not obtain the document in his country of origin.
  • 5-PProof of payment of stamp duty, in cash to the cashier or to the bank account of the registry office where the ceremony will be held, in the amount of 84 PLN.

Concordat marriage

    In the case of a concordat marriage, the people intending to get married must submit at the place of worship the documents required to conduct the marriage rites according to the traditions of a given church or religious association (such as a baptism certificate, a certificate of completion of premarital education classes, confirmation of attendance of family counseling meetings etc.), as well as the certificate of no impediment from the Civil Registry Office. To obtain such a certificate, the couple should go to the Civil Registry Office competent for the place of residence of one of the parties wishing to marry and submit the following documents:

  • 1-Documents confirming the identity of the people intending to get married, with photographs;
  • 2- of birth certificates of the aforementioned persons. If the copy is drawn up in a foreign language, a sworn translation into the Polish language by one of the sworn translators on the list published by the Polish Ministry of Justice or the Polish consul should be attached.
  • 3-Divorcees: an abridged copy of the marriage certificate with an entry noting the divorce or a copy of the final court divorce decree. If the divorce occurred abroad, you must submit the original copy of the judgment (decree) together with an official translation into Polish made by a sworn translator from the list published on the website of the Ministry of Justice or by the consul of the Republic of Poland. In the event separate recognition of the judgment is required for it to be effective (valid) in Poland, you must also attach the final order of the Polish court recognizing the decree. People who have taken a divorce within the European Union are required to attach a divorce certificate with an official translation, issued by the competent authorities in accordance with the Annex to art. 39 of the Council Regulation (EC) No 2201/2003;
  • 4-An abridged copy of the marriage certificate with an entry on annulment, or a copy of the final annulment decree of the court;
  • 5-An abridged copy of the death certificate of the spouse (for widowers and widows)
  • 6-In addition, foreigners wishing to get married in Poland need to submit a document certifying they are free to marry, issued in their country of origin, along with a sworn translation into the Polish language (the said document certifies that under the law of his or her country of citizenship, the foreign national is permitted to contract a marriage in Poland. To obtain such a document, the foreigner should apply to the competent authorities in the country of origin). If the foreigner cannot provide such a document (e.g. his country does not issue such documents), he should submit a court judgement relieving him of this obligation. Such judgements are issued by District Courts in non-litigious proceedings upon the foreigner’s request.
  • 7-Non-litigious proceedings mean that the procedure is not related to the commencement of the formal court proceedings. To obtain a permit exempting the foreigner from the obligation to submit the document described above, the person concerned must submit an application to the District Court having jurisdiction over the place of the foreigner's residence, requesting an exemption from the obligation to submit said document to the USC. The application should indicate the reasons for which a given person can not obtain the document in his country of origin,
  • 8-A written declaration of no impediment to the marriage,
  • 9-Foreigners are required to submit a document stating they are free to marry according to the law in their country of origin, and a copy of their birth certificate. Only a court can exempt a foreigner from this obligation (see above);
  • 10-Proof of payment of stamp duty, in cash to the cashier or to the bank account of the civil registry office where the ceremony will be held, in the amount of 84 PLN.
  • Within 5 days of the date of the marriage the religious celebrant is obliged to present a completed marriage certificate, signed by the celebrant, the bride and groom and witnesses to the Civil Registry Office competent for the location of the marriage ceremony in order for the USC to produce a formal marriage certificate that is legally binding in Poland. Abridged copies of the marriage certificate can be retrieved at the USC usually within 2 weeks of the date of the ceremony. Either of the spouses can obtain the relevant copies upon presentation of an identity card.

THE MARRIAGE PROCEDURE

The first step to getting married at the Civil Registry Office (USC) or at a place of worship authorized to carry out concordat marriage rites is the submission of the set of documents required by law to the Director of the Civil Registry Office Head, followed signing of the certificate of no impediment to the marriage, as well as declarations on the names of the spouses and their children after the wedding.

A marriage can not be concluded at the USC before one month passes from the date of submission of the documents. In appropriate cases, the couple intending to marry may apply to the Director of the USC to shorten the waiting period before marriage.

On the wedding day, the newlyweds must make their wedding vows in the presene of two adult witnesses. Anyone who has full legal capacity can act as a witness and confirm that the marriage has been concluded. A person who does not have Polish citizenship may also act as witness, but as a general rule, he should know Polish (if he does not speak Polish, he will need to be accompanied by a sworn interpreter). A person acting as a witness will be required to present a valid identity document on the day of the ceremony.

As a general rule, a foreigner who does not speak Polish needs to complete all the formalities (including the ceremony itself) accompanied by a sworn interpreter of a language they speak fluently.

The civil ceremony takes place in the Civil Registry Office. In appropriate cases, the Director of the USC may agree to conclude a marriage outside the Civil Registry Office premises. Concordat marriages take place in a selected place of worship.

A marriage certificate for marriages concluded before the Director of the Civil Registry Office is drawn up immediately after the ceremony. The basis of preparation of the marriage certificate for ceremonies concluded before a religious celebrant is presentation by the celebrant to the Director of the USC competent for the location where the ceremony was held of the document (certificate) stating that no circumstances constituting an impediment to the marriage exist, signed by the celebrant, spouses and witnesses. This certificate (document) needs to be delivered to the USC within five days of the day of the marriage. The marriage certificate is drawn up promptly, not later than on the next business day after the day on which the USC received the aforementioned document.

For both civil marriages and concordat marriages a stamp duty in the amount of 84 PLN is charged for the preparation of the marriage certificate. After the ceremony and completion of the certificate at the USC, the spouses receive a copy of the marriage certificate.

Note: The marriage certificate is an important document confirming the marriage and it is necessary for different types of formalities, for example relating to the legalization of the stay of a foreigner - spouse of a Polish citizen - in Poland.

CHANGE OF NAME

In the case of a marriage, the couple must also decide about the names that they will use after the wedding, as well as about the names of their children. In Poland, a woman can take her husband's surname, keep her maiden surname or have two surnames (the maiden one joined with the husband’s surname). Also, a man may take his wife's surname, keep his surname or have two names (one of them the wife’s). A foreigner contracting a marriage submits a relevant statement on surnames under the law of his or her country of origin. The declaration may be made directly after the marriage ceremony or before the drawing up by the Director of the Civil Registry Office of the certificate of no impediment to marriage. In case of failure to submit a declaration on surnames, each spouse retains their current surname.

Attention: A name change makes it necessary to exchange all personal documents, such as identity card, driving license, passport, proof of vehicle registration.

If you decide to change your name after the marriage ceremony, you may use the new surname when the USC has prepared the marriage certificate.

If the couple choses a surname they will use, and then after some time one spouse wants to change his surname, he may do so by submitting a duly motivated request to the USC competent for their place of residence. This procedure is applicable in the case of Polish citizens and foreigners without citizenship of any country, as well as refugees with the above status.

If parents get married following the birth of their child, the mother’s surname is written on the birth certificate. If paternity is established by recognition (acknowledgement) of the child by the father, the child will bear the surname indicated in statements made by both parents, filed simultaneously with the declarations necessary to establish paternity. The parents may indicate one of their surnames, or a surname formed by combining the surnames of the mother and the father. If the parents have not made identical statements about the child's surname, the child will bear a surname consisting of the mother’s surname with the father’s surname added at the end of it. To change the name of a child who is already thirteen years old at the time of recognition (acknowledgement) by the father , the child’s consent is needed. If paternity has not been established, the child uses his mother’s surname. More about the procedure of recognition of a child by the father can be found here ->

MARRIAGE TO A POLISH CITIZEN ABROAD

If a foreigner plans to legalize his stay in Poland on the basis of marriage to a Polish citizen abroad, he should remember to register the marriage in Poland at the USC competent for his place of residence, confirmed by the appropriate official document. USC addresses are available here ->

    In order to register a marriage concluded abroad, you must submit an application to the USC asking for the foreign marriage certificate to entered into into Polish civil status records, and attach the following documents to the application:

  • 1- copy of the civil status records (certificates) drawn up abroad with a sworn translation into Polish made by a sworn translator from the list published on the website of the Ministry of Justice or the consul of the Republic of Poland;
  • 2-identity cards or passports of the spouses;
  • 3-if the foreign act does not contain all of the data required of such acts by Polish law, it is possible to supplement it on the basis of copies of birth certificates of the spouses (in each case of submission of foreign documents that are to be used as the basis of an entry into the Polish civil status register, you must submit them along with a sworn translation - as described in the previous point);
  • of payment of stamp duty.

In the case of registration of a foreign civil status act in the Polish Civil Registry Office, the stamp duty is 50 PLN, while for supplementing the document it is 39 PLN.

Attention: Information on the names of spouses and children born of the marriage is entered into the civil register act completed on the basis of the foreign documents. If this data are not included in the foreign act, the information is included on the basis of other documents.

Attention: Only Polish citizens may get married in a Polish consulate abroad.

Important Alert

The source of this information is this website http://www.migrant.info.pl/residence-card.html

LIVE IN POLAND

LIVING EXPENSES IN POLAND

Living costs in Poland vary. They tend to be highest in Warsaw and other large urban areas (Kraków, Łódź, Wrocław, Poznań, Gdańsk).

Generally the costs of food, public transportation and housing are somewhat lower in Poland than in Western Europe. Nonetheless, they increase every year.

    Approximate prices of staple food items in Poland in PLN (January, 2015)

  • 1- Bread: 3-5
  • 2- Margerine, 500 g: 4-6
  • 3- Milk 2%, 1l: 2-4
  • 4- Eggs (10 pieces): 4-8
  • 5- Cream 18%, 200 g: 1.2-2
  • 6- White sugar, 1 kg, 3-5
  • 7- Chicken breasts, 1 kg: 15-20
  • 8- Boneless pork, 1 kg: 13-18
  • 9- Spaghetti: 3-4
  • 10- Domestic apples, 1 kg: 1-3
  • 11- Carrots, 1 kg: 0.4-1.5
  • 12- Potatos, 1kg: 1-3
  • 13- Tomatoes, 1 kg: 4-9
  • 14- Orange juice: 3-5
  • 15- Washing detergent: 4-7

COMMUNICATION

Cell phone

You may pay for cell phone communication either on contract or pay-as-you-go.

The contract is a good option if you plan to use your cell phone frequently. Pay-as-you-go is for those who are residing in Poland on a temporary basis (e.g. tourist visa) or plan to use the phone sparingly.

Cell phone contracts will bind you for at least 12 months. They must be paid every month. In order to sign a contract you will need to stop at a cell phone shop, where you will be asked to show your passport, student ID, residence card, work permit, valid credit card or a phone bill. If you use a temporary residence card to sign a contact, your contract will expire simultaneously with your permit.

    You may find out more about cell phone deals comparing the following websites:

  • 1- T-Mobile
  • 2- Orange Polska
  • 3- Play
  • 4- Plus
  • You may reduce your cell phone bill cost if you and the people you communicate with use the same operator.

Internet

Internet fees in Poland tend to vary between 50 and 100 PLN a month. You may check Internet charges here ->. In order to set up internet at home you will need to sign a contract, usually for at least 12 months. Often internet and cable TV deals are lumped together.

Increasingly more cities in Poland feature „hot spots”, i.e. places where you can access free wireless internet as long as you have an appropriate device with you (laptop, cell phone, tablet etc.).

If you do not have an internet-ready device and do not plan to the use internet frequently, you may still go on-line by visiting cyber-cafes. Internet costs in such cafes tend to oscillate around 3 PLN an hour.

HOUSING

Rental

    Monthly housing rental costs differ by region. For a flat between 30 and 50 square meters you will pay:

  • 1-Dolnośląskie - 1 900
  • 2- Kujawsko-pomorskie – 1 250
  • 3- Lubelskie – 1 850
  • 4- Lubuskie – 1 100
  • 5- Łódzkie – 1 700
  • 6- Małopolskie – 1 950
  • 7- Mazowieckie – 3 000
  • 8- Opolskie – 1 550
  • 9- Podkarpackie – 1 500
  • 10- Pomorskie – 1 700
  • 11- Śląskie – 1 500
  • 12- Świętokrzyskie – 1 200
  • 13- Warmińsko-mazurskie – 1 250
  • 13- Wielkopolskie – 1 650
  • 13- Zachodniopomorskie – 1 450
  • Utility bills vary with usage and the size of your accommodation. A monthly electricity and gas bill for a 30-50 square meter apartment may amount to 150-200 PLN.

Ownership

Housing costs vary with a dwelling's size, quality and location (proximity to public transportation, city centre etc.), and whether you are the first owner or not.

Average housing prices in Poland, in PLN, per m2 by region (September 2014)

    Secondary market / Primary market

  • 1-Warszawa 7 053 / 7 446
  • 2-Gdańsk 5 044 / 5 846
  • 3-Gdynia 4 729 / 6 065
  • 4-Katowice 3 563 / 5 015
  • 5-Kraków 5 930 / 6 202
  • 6-Łódź 3 361 / 4 661
  • 7-Poznań 4 910 / 5 962
  • 8-Szczecin 3 786 / 4 742
  • 9-Wrocław 5 100 / 5 925

TRANSPORTATION

Short-distance public transportation

As the capital,Warsaw enjoys a comprehensive public transportation system consisting of an underground, busses and trams. Most other large cities (e.g. Kraków, Wrocław, Gdańsk, Poznań) have equally good transportation, with the exception of an underground. Even the smallest towns operate bus transportation of some sort.

Consult bus schedules (in English, German and Russian) in Warsaw here ->

Learn about the prices and types of tickets here ->

It is worth keeping in mind that students below 26 years of age are entitled to a 50% discount, based on a valid student ID.

If you are planning to use public transportation in Warsaw frequently, you may purchase your tickets in the form of an electronic card. The card can be obtained and charged at designated ZTM (Warsaw Public Transportation) sale points. Your first card is free. However, if you lose it, you will be charged 14.00 PLN for a replacement.

If you travel around Warsaw with a single-use (paper) ticket, remember to validate it as soon as you enter the bus or tram. Plastic cards need to be validated only once. Transportation of luggage (including bicycles) and animals is included in the price of your ticket.

    Keep in mind that:

  • 1- Ticket validating in Warsaw is based on the honour system. However, inspections are common. If you are caught without a validated ticket, with the wrong ticket or without a document demonstrating your entitlement to a discounted fare, you may incur a fine up to 180 PLN. Controllers go undercover. Once they enter the vehicle, they turn the validating machines off. If fined, you may pay it on the spot, at a ZTM office or via bank transfer. In order to defer the payment you will need to show the controller your ID. If you do not pay your fine by the deadline, ZTM may sue you in court.
  • 2- You may not smoke at bus stops. If caught smoking you may be fined up to 500 PLN.

Taxis

The minimum taxi charge in Warsaw is 8 PLN. All authorized taxis are equipped with a meter. The fares are displayed clearly on the outside of the taxi's back doors. Fares may vary with the time of the day, being most expensive after midnight. You are entitled to a receipt for every taxi journey you make.

    Keep in mind that:

  • 1- in order to avoid complications you should only contract authorized taxis belonging to a specified taxi company
  • 2-• taxi fares in areas frequented by tourists (e.g. airports, railway stations) may be inflated.

Rail transportation

Rail costs in Poland vary depending on the route, the type of train you take and discounts applicable. InterCity (IC) and Express (EX) trains are the fastest, but also the most expensive. Accelerated and TLK trains are cheaper. Regular – regional – trains are the cheapest.

Learn about train promotions here ->). Generally, students below 26 years of age are entitled to a 50% discount. Foreigners holding a Pole's Card are entitled to a 37% discount.

    Approximate ticket fares in PLN:

  • 1-Warszawa - Kraków - 60 - 125
  • 2- Warszawa – Gdańsk - 120 - 170
  • 3- Warszawa – Wrocław – 120 - 170
  • 4- Warszawa – Poznań – 120 - 160
  • 5- Kraków - Gdańsk – 70 -140
  • Consult the train schedule here ->

    You may buy your railway tickets at railway stations or on line ->

Long-distance bus transportation

PKS is a public intercity bus company with offices in all Polish cities. Bus timetables may be consulted at bus stations as well as online. When you use the online booking tool and you need to go to, for example, Białystok, you should type “Białystok” in the search window. You may buy the tickets either at the station or directly from the driver.

Apart from PKS, there are a number of privately-operated bus companies offering both domestic (short and long-distance) and international connections. Their prices vary, so it is worth comparing a few before buying a ticket.

Among private long-distance operators there are: PolskiBus, Agat, Eurolines, Intercars, Sindbad.

Air transportation

Warsaw Chopin Airport is Poland’s largest. You may fly from here to some 50 cities and 30 countries around the world. Gdańsk, Katowice, Łódź, Poznań, Szczecin, Wrocław and Kraków also offer international connections.

    You may consult the website of Poland's international airports here:

  • 1- Gdańsk (Rębiechowo)
  • 2-Katowice (Pyrzowice)
  • 3-Kraków (Balice)
  • 4-Łódź
  • 5-Poznań (Ławica)
  • 6-Szczecin (Goleniów)
  • 6-Warszawa (Okęcie)
  • 6-Wrocław (Strachowice)
  • 6-Szczecin (Goleniów)
  • 6-Szczecin (Goleniów)

Low-cost airlines

    A number of low-cost airlines operate from Polish airports:

  • 1Aer Lingus
  • 2Air Italy
  • 1Click Air
  • 1EasyJet
  • 1Germanwings
  • 1Norwegian
  • 1Ryanair
  • 1Wizz Air

As long as you have a credit or bank card, you may save on travel agency fees by purchasing your tickets online. Here are some of the websites you may want to consult:

SERVICES

Service charges vary according to the city, often (but not always) being the highest in Warsaw. Below are some service charges in Warsaw, in PLN, as of January 2015:

    Post

  • 1 - Economy letter, up to 50g - approx. 2
  • 1 - Economy package, up to 1 kg – approx. 10
  • 1 - Domestic wire for up to 200 PLN - approx. 7
  • Healthcare

  • 1- General practicioner apointment - 80 - 150
  • 2- Dentist - 50 - 100
  • Hairdresser

    Ladies:
  • 1- Short hair - 10 – 35
  • 2- Long hair - 35 - 55
  • Gentlemen:

  • 1- Short hair - 15 – 32
  • 2- Long hair - 17 - 50

ENTERTAINMENT

Cinema ticket – 12-20

Dinner out – 12-30

Monthly fitness club membership – 80-160

Important Alert

The source of this information is this website http://www.migrant.info.pl/residence-card.html