Permit for temporary residence in Poland

Підготовано Фундацією Інститут верховенства права на замовлення Данської ради у справах біженців 10 липня 2023 р. / Prepared by the Rule of Law Institute Foundation on behalf of the Danish Refugee Council 10 July 2023

General Information

Ukrainian citizens with a PESEL number marked with UKR and who are under temporary protection in the Republic of Poland have the opportunity to apply for a temporary residence permit, but only for specific purposes. Detailed conditions and procedures for specific types of permits, as well as information useful for those interested in applying for these residence permits, are provided below.

A temporary residence permit is a form of authorization that allows foreigners to legally stay in Poland for a specified period. It is an official document that grants the foreigner the right to reside in Poland. On the other hand, a residence card (karta pobytu) is an official document issued to foreigners who have a temporary residence permit or another status granting the right to stay in Poland, such as a permanent residence permit, a long-term EU resident permit, additional protection, humanitarian residence permit, or refugee status in Poland. The residence card confirms the legal status of stay for the period it was issued. Additionally, during its validity, it verifies the foreigner’s identity while residing in Poland and allows multiple border crossings with a travel document without the need for a visa. Furthermore, the residence card (karta pobytu) is a document that allows travel to other Schengen Zone countries for up to 90 days within every 180 days. Visually, the residence card (karta pobytu) appears as a plastic card containing the holder's basic information.

Starting from April 1, 2023, Ukrainian citizens with a PESEL number marked with UKR can apply for a temporary residence permit in Poland only for the purposes of:

• Employment
• Performing work in a high-skilled profession (i.e., Blue Card)
• Conducting business activities

These issues are regulated by the provisions of the Act of January 13, 2023, which introduces amendments to the Act on Assistance to Ukrainian Citizens in Connection with Armed Conflict in the Territory of the Country and Some Other Laws (known as the Special Act).

Other reasons do not entitle Ukrainian citizens under temporary protection (such as students or retirees) to apply for a temporary residence permit. If such an application is submitted, it will be left unprocessed. This means that currently, Ukrainian citizens under temporary protection can only apply for a temporary residence permit for the three aforementioned purposes. Those with other reasons for staying in Poland (which are generally classified as other grounds for a residence permit) should refrain from applying for a temporary residence permit.

Important! Ukrainian citizens who arrived in Poland before February 24, 2022, and who are NOT under temporary protection, can apply for a temporary residence permit for any purpose under the same conditions as before February 24, 2022. This could include a temporary residence permit for continuing education or for living with a foreigner (family reunification).

Legality of Stay

Ukrainian citizens who arrived in Poland after February 24, 2022, have the option to apply for the aforementioned temporary residence permit, but this is not mandatory. Those who choose not to apply can still legally reside in Poland under temporary protection. It is worth noting that currently, the legality of stay for all Ukrainian citizens under temporary protection, regardless of the grounds for their stay, is extended until March 4, 2024.

Assessment of the Necessity to Apply for a Temporary Residence Permit

Obtaining a positive decision on a temporary residence permit results in the cessation of temporary protection and the application of the provisions of the so-called Special Act to the foreigner. Therefore, applying for this permit is advantageous for those who wish to stay and settle in Poland. In this context, foreigners must assess themselves whether it is better to obtain a temporary residence permit in Poland or to retain their temporary protection status. Additionally, it should be considered that the so-called Special Act takes into account that not every Ukrainian citizen may meet the requirements for obtaining a temporary residence permit (e.g., minimum salary when applying for a temporary residence permit for work or required income and employment for business activities). This means that Ukrainian citizens who do not meet these criteria, such as earning below the minimum wage, have the possibility of obtaining a temporary residence permit for 1 year due to the simplifications described below, or they may receive a temporary residence permit for up to 3 years if they meet the requirements.

Options for Applying for a Temporary Residence Permit

A foreigner intending to stay in Poland for more than 3 months and whose purpose is employment may apply for a temporary residence permit for work, provided the following conditions are met:

• The foreigner has medical insurance as defined by the Act of August 27, 2004, on Medical Services Financed from Public Funds, or proof that the insurer covers medical expenses in the Republic of Poland;
• The salary stated in the application for the residence permit is not less than the salary of employees working similar hours or performing similar work or in a comparable position;
• The monthly salary mentioned in point 2 is not lower than the minimum wage, regardless of the working hours and the type of legal relationship under which the foreigner is employed.

Temporary Residence Permit for Highly Qualified Employment

A foreigner intending to stay in Poland for more than 3 months can apply for a temporary residence permit for employment in a high-skilled profession if the following requirements are met:

• The purpose of their stay in Poland is employment in a high-skilled profession;
• The foreigner has signed an employment contract, a contract for remote work, or a civil law contract for a period of at least 1 year, under which they will perform work, provide services, or be in an employment relationship;
• The foreigner has verified qualifications and meets other conditions necessary for working in a regulated profession;
• The foreigner has higher professional qualifications;
• The annual gross salary specified in the contract is not less than the equivalent of 150% of the average annual salary from the year preceding the contract, as announced by the Chief Statistical Office. In the first quarter of 2023, the average salary was 7,124.26 PLN.

Temporary Residence Permit for Business Activities

A foreigner intending to stay in Poland for more than 3 months and whose primary purpose is to engage in business activities and/or to perform functions in the management of a limited liability company or joint-stock company that they have founded or in which they hold shares or stocks can apply for a temporary residence permit for business activities.

Simplified Procedures for Ukrainian Citizens

According to Article 42a § 1 of the so-called Special Act: "If a Ukrainian citizen does not meet the requirements for a temporary residence permit related to the stated purpose of stay, or the circumstances which justify the application for this permit do not justify their stay in the Republic of Poland for more than 3 months, or the circumstances that justify refusal of the temporary residence permit are different from those specified in Article 100 § 1 points 2)-5) or Article 165 § 1 of the Act of December 12, 2013, on Foreigners, until March 4, 2024, they will be issued a temporary residence permit for a period of 1 year from the date of the decision." This means that if a Ukrainian citizen receives a salary lower than the minimum wage and applies for a temporary residence permit for work, they will be granted a permit for 1 year under this provision.

Important: For all Ukrainian citizens applying or who will apply for a temporary residence permit for business activities after April 1, 2023, there is no temporary requirement to prove sufficient income from the tax year preceding the application for the residence permit, nor is there a requirement to employ at least 2 employees or to conduct activities that will generate the necessary income in the future. These requirements are temporarily suspended until March 4, 2024.

The discussed aspects significantly simplify the process of obtaining a temporary residence permit for Ukrainian citizens. It is important to note that the new provisions apply not only to individuals under temporary protection but also to all Ukrainian citizens. The amendments make the entire procedure for obtaining a temporary residence permit more flexible and accessible for Ukrainian citizens.

Procedure for Issuing a Temporary Residence Permit

A temporary residence permit is issued for a maximum period of up to 3 years. When applying for a temporary residence permit, the foreigner’s fingerprints are taken and will be included in the residence card (karta pobytu). This is a standard procedure aimed at unambiguous identification of the individual applying for the permit.

If fingerprints have already been taken when registering the application for the PESEL number with the UKR status, re-submission of fingerprints is not mandatory. However, the Voivode may require the applicant's personal presence to present the original identification document. Additionally, in the case of a positive decision on granting the permit, the Voivode may also require the submission of fingerprints if the previously taken fingerprints were not stored in a separate database.

The legalization process is handled by the Department of Foreigners at the relevant Voivodeship Office (government office). The application should be submitted to the Voivode at the place of residence/stay of the foreigner applying for the permit. For example, if the foreigner resides in Lublin, the application should be submitted to the Lublin Voivodeship Office. A list of Voivodeship Offices can be found on the official website: https://www.gov.pl/web/gov/uw 

Submission of the Application for a Temporary Residence Permit

The application for a temporary residence permit can be submitted in two ways:

1. By Mail or at the Voivodeship Office:

• Submission Date: The date of submission is considered to be either the date when the application was received by the government or the date indicated on the postal stamp.
• Procedure: In this method, fingerprints are not taken, and the submitted documents are not checked against the originals. Consequently, it is not possible to obtain a stamp in the passport confirming the submission of the application. After submitting the application by mail, the foreigner will receive a call to address formal deficiencies, such as providing fingerprints and verifying original documents. The process will only begin after these steps are completed, which means that addressing formal deficiencies is necessary for the application to be processed. The waiting time for the first call can vary from a few weeks to several months, depending on the number of applications awaiting registration, which also increases the overall decision-making time.

1. In-Person Appointment:

• Procedure: To submit the application in person, the foreigner must make a prior appointment with the relevant department or delegation of the Voivodeship Office. During the visit, the official will verify the documents (copies are certified as true copies of the originals) and accept the application along with its attachments. Fingerprints will be taken, and a stamp will be placed in the passport (provided the application is submitted within the legal stay period and there are no doubts about the legality of the foreigner's stay in Poland).
• Important Note: It is crucial to submit the application for the temporary residence permit before the last day of legal stay in Poland to avoid illegal stay and potential consequences related to migration law violations. Generally, the decision-making time for a temporary residence permit is shorter when submitting the application in person.

Choosing the Submission Method:

• Mail or Office Submission: This method may be more convenient if you cannot schedule an appointment and need to submit the application within certain deadlines. Each administration has its own guidelines for scheduling an appointment to submit the application. This can include phone registration, online registration via the website, or registration on a special platform. Methods for registration can be checked on the official website of each Voivodeship Office.

In summary, while submitting an application by mail or at the office is feasible, making an appointment and submitting in person usually ensures a quicker processing time and provides immediate confirmation of the application: https://www.gov.pl/web/gov/uw

Requirements

Depending on the voivodeship where the foreigner applies for a temporary residence permit and the purpose of their stay, there may be differences in the requirements for the documents to be submitted to the administration. It is recommended to check the document requirements on the website of the relevant voivodeship government according to the purpose of stay before submitting the application.

Among the main documents required from Ukrainian citizens applying for a temporary residence permit, besides the completed and personally signed application form for temporary residence in Poland, are:

• 4 Recent Photographs:
• Undamaged, colored, with good clarity; size 35 mm × 45 mm.
• Taken no earlier than 6 months before the date of application.
• The photograph must show the face from the top of the head to the top of the shoulders, with the face occupying 70-80% of the photograph, against a plain light background, with the foreigner looking directly at the camera, with open eyes (not covered by hair), with a natural facial expression and closed mouth, showing the natural skin color, with clear depiction of the eyes, especially the pupils. The eye line should be parallel to the top edge of the photograph.
• Copy of a Valid Travel Document:
• In a particularly justified case, if the foreigner does not have a valid travel document and cannot obtain one, they may present another document that confirms their identity and does not raise doubts.
• Proof of Payment of the Stamp Duty:
• Document confirming payment of the stamp duty.
• Power of Attorney (if represented by an authorized person):
• Power of attorney along with proof of payment of the stamp duty.
• Required Attachments to the Application, Depending on the Type of Permit:

1. For an Application for a Temporary Residence and Work Permit (General Permit):

• Attachment No. 1: Completed in full by the employer and signed by a person authorized to represent the employer. (Without this, the application will not be processed.) Note that the employment conditions stated in Attachment No. 1 must be valid on the day of permit issuance and must correspond to the conditions specified in other documents, such as the employment contract. Attachment No. 1 is the basis for determining whether the foreigner’s purpose of stay in Poland for more than 3 months is justified, whether the income from work is sufficient, and whether there is medical insurance (in the case of an employment contract or mandate agreement).
• Copy of the Employment Contract: Or a copy of the mandate agreement with invoices for the last 3 months, or a copy of the subcontracting agreement.
• Copy of Medical Insurance: Contributions to the Social Insurance Institution (ZUS) for the last 3 months.
• Certificate of No Tax Arrears: Some administrations require this additional document when applying based on a subcontracting agreement.

Requirements

1. For an Application for a Temporary Residence Permit for Employment in a Profession Requiring High Qualification:

• Attachment No. 1: Completed in full by the employer and signed by a person authorized to represent the employer. (Without this, the application will not be processed.) Note that the employment conditions specified in Attachment No. 1 must be valid on the day of permit issuance and must correspond to the conditions stated in other documents, such as the employment contract.
• Attachment No. 2: Fully completed by the foreigner. (Without this, the application will not be processed.)
• Copy of Employment Contract: Or a copy of a mandate agreement, or a civil law contract concluded for at least 1 year, which serves as the basis for performing work in Poland in a profession requiring high qualification.
• Document Confirming Higher Professional Qualification: Such as a diploma, certificate, or other document proving higher education, or a document confirming at least 5 years of professional experience required for the job specified in the contract that forms the basis of employment (e.g., certificates of previous employment, employment contracts).
• Copy of Medical Insurance: Contributions to the Social Insurance Institution (ZUS) for the last 3 months.
• Certificate of No Tax Arrears: Some administrations require this additional document when applying based on a subcontracting agreement.

1. For an Application for a Temporary Residence Permit for Business Activity:

• Attachment No. 1: If the foreigner is requesting a permit for temporary residence to perform functions in the board of directors of a limited liability company or joint-stock company that they have created or in which they have acquired or obtained shares, or to manage a limited partnership or limited joint-stock partnership as a general partner, or to act as a procurator.
• Copy of Document Confirming a Stable and Regular Source of Income.
• Copy of Medical Insurance: Contributions to the Social Insurance Institution (ZUS) for the last 3 months.
• Copy of Document Confirming a Place of Residence in Poland.
• Documents Confirming the Income Earned by the Entrepreneur: Or documents confirming the employment of at least 2 employees on a permanent basis and full-time for at least 1 year prior to the application, or documents proving the possession of funds that will allow fulfilling the above conditions in the future (this requirement does not apply until March 4, 2024).

It is important to note that the absence of any of these documents can significantly delay the processing of the application. The authorized body reviewing the application may request the foreigner to submit the missing documents. Before submitting the application, it is crucial to carefully check that all required documents are included.

Stamp Duty

The amount of stamp duty varies depending on the type of permit:

• 440 PLN: For a temporary residence permit and work permit, as well as for a temporary residence permit for employment in a profession requiring high qualifications.
• 340 PLN: For a temporary residence permit for business activities.

When submitting an application for a temporary residence permit in Poland, it is necessary to confirm the payment of the stamp duty. The amount can be paid at the cashier of the voivodeship administration where the procedure is conducted or transferred to the local government’s bank account. If a proxy is appointed for the case, an additional stamp duty of 17 PLN is charged. Payment is not required if the proxy is the spouse of the foreigner, or in the case of the foreigner’s parents, children, or siblings.

After receiving the decision, a stamp duty of 100 PLN must be paid for the residence card (karta pobytu).

Next Steps

After submitting the application, you need to wait for the decision from the relevant authority. It is important to regularly check the correspondence you receive from the voivodeship office handling your application. If you change your correspondence address, you must notify the office of this change. If the application contains errors or is missing documents, the voivodeship office will contact you to correct or supplement the application. The temporary residence permit is issued in the form of an administrative decision (paper copy). After receiving the decision, you need to check it for errors, ensuring that all information is correct, including the name and surname of the applicant. If errors are found, such as incorrect names or dates of birth, you should request corrections. After verifying the decision, follow the instructions to pay the fee for issuing the residence card (karta pobytu) and complete the formalities related to its receipt according to the procedure of the relevant authority.

Deadlines

The time to decide on a residence permit may depend on individual circumstances, the location of the application, and the workload of the relevant office. Generally, the processing time for a temporary residence permit in Poland is several months or more. However, these timelines are only approximate and may change. When submitting the application, it is important to carefully fill out all documents and provide all necessary information and attachments, which will certainly expedite the processing of the case.

Final Remarks

Thus, Ukrainian citizens benefiting from temporary protection should carefully assess their situation and decide whether obtaining a temporary residence permit is more advantageous than continuing to benefit from temporary protection. If the decision is made to apply for such a permit, the following guidelines should be followed:

• Schedule an Appointment: Arrange a personal visit to the voivodeship office to submit the application for a temporary residence permit.
• Complete the Application: Fill out the application form and prepare the necessary documents and attachments.
• Attend the Appointment: Visit the voivodeship office at the scheduled time to submit the application and provide fingerprinting.
• Notify the Authorities: Inform the office of any changes, such as changes to the correspondence address or place of employment.
• Comply with Requests: If called upon by the relevant authority, fulfill the requirements within the specified time.
• Await the Decision: Wait for the decision to be made.
• Complete Formalities: If the decision is favorable, complete the formalities for obtaining the residence card (karta pobytu).