card
Residence permit
A Comprehensive Guide to Legalizing Your Stay in Poland
Legalizing your stay in Poland can be a complicated process, especially for those who are not familiar with the Polish legal system. In this article, we will present a comprehensive guide to help you understand how to go through this process step by step. We will discuss the basics of legalizing your stay, types of residence permits, the legalization process, and special cases of legalizing your stay. With this guide, you will be able to better understand how to obtain legal residence in Poland and avoid potential problems related to illegal residence.
Basic Information on Legalizing Your Stay
Legal stay is a situation in which a foreigner stays in Poland in accordance with applicable law. Legalizing your stay involves obtaining an appropriate residence permit that allows you to legally stay in the country. In the case of legalization of illegal stay, a foreigner who is on the territory of Poland without the appropriate permit must take appropriate steps to regulate their legal situation.
What is legalization of a foreigner's stay?
Legalization of a foreigner's stay is a process by which a person who does not have Polish citizenship obtains a permit to stay on the territory of Poland. This process may include various types of permits, such as a temporary, permanent or long-term resident permit in the European Union. The place of residence of the foreigner may affect the legalization process, because some permits are granted in connection with a specific purpose of stay, such as work, study or family.
The difference between legal and illegal stay
Legal stay means that the foreigner is on the territory of Poland in accordance with applicable law, has an appropriate residence permit and meets all the requirements related to obtaining it. In the case of legalization of illegal stay, the foreigner is staying in Poland without the appropriate permission, which may lead to legal consequences, such as financial penalties, expulsion from the country or a ban on entry for a specified period.
The importance of having a residence permit
A residence permit is a document that allows a foreigner to legally stay in Poland. Having a residence permit is essential for foreigners who want to live, work or study in Poland. Having a residence permit brings many benefits, such as the possibility of legal work, access to health care, education or the possibility of applying for loans and credits. In addition, having a residence permit may facilitate the process of obtaining Polish citizenship in the future.
Types of residence permits
In Poland, there are different types of residence permits that allow foreigners to legally stay in the country. These include: permanent residence permit, temporary residence, tolerated residence and long-term resident residence. It is worth noting that each of these types of permits has its own specific requirements and conditions for granting.
Permanent residence permit: when and how to obtain it?
Permanent residence permit is granted to foreigners who meet certain criteria, such as length of stay in Poland, having Polish origins or being married to a Polish citizen. To obtain a permanent residence permit, you must submit an appropriate application to the provincial office. It is also worth mentioning long-term residence in the European Union, which allows for free movement and residence in other EU member states.
Temporary residence: for whom and for how long?
Temporary residence is intended for foreigners who want to stay in Poland for a specified period of time, e.g. for work, study or family purposes. The length of temporary residence can range from several months to several years, depending on the purpose of the stay. A day of stay is counted as each day the foreigner stays on the territory of Poland, and its sum affects the length of the temporary stay and any extension of the permit.
Tolerated stay: when is it granted?
Tolerated stay is granted to foreigners who cannot leave Poland for humanitarian reasons, e.g. due to a threat to life or health. Tolerated stay is usually granted for a period of up to one year, with the possibility of extension.
Long-term resident status in the European Union
Long-term resident status in the European Union is a status thatNon EU citizens once in Poland can apply for a residence card.
This card allows you to travel around the Schengen countries without visa.
The validity of the card is one year, than it can be prolongated if you’ll be working or having family in Poland. The prolongation must be done in due time. In case of not fulfilling this condition the applicant will have to leave the territory of Poland and return to his homeland to get a work-visa in the Polish embassy.
The card is not allowing you to work in other Schengen country than Poland.
To work in another country you need a work permit from this country.
More detailed information in the Information/Residence permit section
allows foreigners to move freely and reside in other EU member states. To obtain long-term resident status, certain criteria must be met, such as the length of legal residence in Poland, having stable and regular means of subsistence, or health insurance. The process of obtaining long-term resident status involves submitting an application to the Voivodeship Office and meeting the required conditions.
The process of legalizing your stay
How to extend your stay in Poland?
Extending your stay in Poland is possible by submitting an appropriate application for a temporary or permanent residence permit. In the case of extension by operation of law, the foreigner's stay is automatically extended if the application for a residence permit was submitted before the expiry of the previous permit. It is worth remembering that the extension of stay by operation of law is valid only until the provincial office issues a decision.
Documents issued to foreigners during the legalization process
During the legalization process, foreigners are issued various documents, such as a residence card, travel document or document confirming the legalization of stay. It is important to have a travel document valid for the duration of your stay and appropriate permits that confirm the legality of your stay in Poland.
Permit validity period: what to do when it ends?
When the permit validity period is coming to an end, the foreigner should submit an application to extend their stay. If the application is submitted before the permit expires, the foreigner's stay will be extended by operation of law until the provincial office issues a decision. If the permit is not extended, the foreigner may be required to leave the territory of Poland.
How to obtain a visa and work permit?
Obtaining a visa to Poland requires submitting an application to a Polish consulate or embassy abroad. The visa allows for legal residence in Poland for a specified period of time, but does not entitle the foreigner to take up employment. In order to work legally, the foreigner must obtain a work permit, which is issued by the voivodeship office on the basis of an employment contract with a Polish employer. Legalization of employment is crucial to avoiding problems related to illegal employment and possible legal consequences.
Special cases of legalization of stay
Refugee status and legalization of stay
Refugee status and international protection affect the process of legalizing stay in Poland. People who have been granted refugee status or international protection have the right to legally reside in Poland. In the case of obtaining refugee status, the person receives a permanent residence permit, while international protection entitles them to temporary residence. In both cases, the person may apply for an extension of residence and gain access to the labor market.
Legalization of residence of Ukrainian citizens
Citizens of Ukraine can legalize their stay in Poland by obtaining an appropriate temporary or permanent residence permit. An important aspect of legalizing residence is access to work, which can be obtained by concluding an employment contract with a Polish employer and obtaining a work permit. It is worth remembering that Ukrainian citizens can also benefit from a simplified employment system, which allows for legal employment without the need to obtain a work permit.
Legalization of residence for family members of non-European Union citizens
Family members of non-European Union citizens also have the right to legalize their stay in Poland. To do this, you must apply for a temporary or permanent residence permit. If a citizen of a country outside the European Union has a residence permit in Poland, their family members may apply for a residence permit under the family reunification procedure. It is worth remembering that family members also have the right to access the labor market and use the education and health care system.
Legalization of stay with the Pole's Card
People with the Pole's Card have a simplified process of legalizing their stay in Poland. The Pole's Card confirms Polish origin and ties with Poland, which entitles them to apply for a temporary or permanent residence permit. It is worth noting that having the Pole's Card is not equivalent to Polish citizenship, but it facilitates the process of legalizing your stay and access to the labor market.
Summary
Legalization of stay in Poland is a process that includes various types of residence permits, such as permanent residence, temporary residence, tolerated residence and long-term resident residence in the European Union. This process may vary depending on the foreigner's situation, such as refugee status, Ukrainian citizenship, family membership of a non-EU citizen or possession of the Polish Card.
An important element of legalizing residence is access to the labor market, which can be obtained by concluding an employment contract with a Polish employer and obtaining a work permit. Foreigners also have the right to use the education and health care system in Poland.
The process of legalizing residence also includes extending the stay and obtaining a visa and work permit. In the case of special cases, such as refugee status or possession of the Polish Card, this process may be simplified.
To sum up, legalizing residence in Poland is a complex process that depends on the individual situation of the foreigner. It is important to know your rights and prepare appropriately for the legalization process in order to enjoy legal residence and take advantage of the opportunities available in Poland.
