Temporary residency permits in Poland

Returning to immigrations issues…

Another legal instrument to legitimize a foreign national’s stay in Poland is the temporary residency permit.

The temporary residency permit may be issued to a foreign national whose expected period of stay in Poland exceeds 3 months. Legal grounds justifying issue of the temporary residency permit are various and include, apart from employment, e.g. business activity, artistic engagements, vocational training, or matrimony to a Polish citizen.

In order to obtain the temporary residency permit for purposes of employment, the applicant must present the work permit or, if it is not required, a promise of employment from his or her prospective employer.

The temporary residency permit for purposes of employment is granted for no longer than 2 years and may be renewed for further periods not exceeding 2 years each. The application for renewal must be filed no later than 45 days before lapse of the period of stay defined in the preceding permit. There is no limit on the number of temporary residency permits to be held by the same individual nor the cumulative duration of stay in Poland based on that instrument. Also, it is not required that the temporary residency permit be preceded by a visa – it is possible to apply for the permit forthwith.

The temporary residency permit is granted by the provincial governor where the foreign national is staying or intends to stay.

A foreign national holding the temporary residency permit is issued a residency card valid for the duration of the permit. The residency card entitles the foreign national to cross Polish borders without the need of a visa.

Work permits in Poland and the residency instruments

As I have written in my initial entry on work permits in Poland, whether or not a foreign national needs a work permit depends on the legal instrument he or she holds to legitimize the stay in Poland.

The idea is that with some residency instruments you are not required to obtain a work permit even if you do qualifying work.

Examples of these instruments include:

  • a settlement permit;
  • a European Communities long-term residency permit;
  • some instruments based of the refugee or asylum status.
  • temporary residency permit issued to a spouse of a Polish citizen in connection with the matrimony.

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