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Residence - general information

Conditions I have to meet - TRC

BASIC INFORMATION:

 

  • You submit an application for a temporary residence permit in person, not later than on the last day of Your legal stay on the territory of the Republic of Poland;
  • you can collect your residence card in person only;
  • you  will be fingerprinted to issue a residence card;
  • documents ought to be submitted in the Polish language in originals or in photocopies together with originals for inspection;
  • translations into the Polish language made by a Polish sworn translator ought to be prepared for documents in a foreign language.

 

A REFUSAL TO INITIATE PROCEEDINGS  

 

An application will meet with a refusal to initiate proceedings, i.e. a case will not be  conducted, when:

  • you are not fingerprinted while submitting an application for the purpose of issuing a residence card,
  • you are staying in Poland on the basis of the following titles of residence:

 a permanent residence permit or the residence permit of a long-term EU resident,

 a Schengen visa authorizing entry into this territory only issued for the purpose of arriving for humanitarian reasons, due to the interest of the state or international obligations,

 a temporary residence permit due to circumstances requiring a short-term stay,

 consent for a tolerated stay, consent for a stay for humanitarian reasons, asylum, subsidiary protection or temporary protection or a decision on granting the refugee status in the Republic of Poland;

  • when you apply for the refugee status or for granting asylum,
  • you are detained, placed in a guarded centre or in custody for foreigners or a preventive measure is applied to you in the form of a ban on leaving the country,
  • you serve a prison sentence or you are held on remand,
  • you have been obliged to return and the period of voluntary return specified in the decision obliging the foreigner to return has not expired yet, even in the case of extending this term,
  • you are obliged to leave the territory of the Republic of Poland within 30 days from the date on which the decision on a refusal to renew a Schengen visa, a national visa, a temporary residence permit, a permanent residence permit, the residence permit of a long-term EU resident, the refusal, the remission or the deprivation of the refugee status or subsidiary protection, the withdrawal of consent  for a tolerated stay – has become final; and  from the day on which the final decision has been delivered in the case of a decision issued by a higher authority,
  • you are staying outside the borders of the Republic of Poland (unless you apply for a temporary residence permit in order to join the family).

 

A STAMP IN THE PASSPORT

 

  • If an application for a temporary residence permit has been submitted during a foreigner's legal stay and the application has not contained formal deficiencies or formal deficiencies have been completed within the term, the province governor places a stamp in the travel document of a foreigner confirming the submission of the application;
  • A foreigner's stay is considered to be legal from the day of submitting an application to the day on which the decision on granting a temporary residence permit becomes final;
  • Placing a stamp in a travel document does not entitle a foreigner to travel within the territory of other Schengen countries, while a foreigner may leave for the country of origin directly, but in order to return to Poland they ought to obtain a visa, if they come from a country with a visa requirement;
  • Detailed information on the rules of submitting an application and how to obtain a stamp is available on the website: https://mazowieckie.pl/en/for-foreigners-1/residence/residence-general-infor/1112,Where-can-I-submit-an-application.html?sid=d175ef28cb6e987cad1b6325737a742f 

 

 INFORMATION OBLIGATIONS CONNECTED WITH OBTAINING A PERMIT 

  • A foreigner who has been granted a temporary residence permit in accordance with art. 113 of the Foreigners Act notifies the province governor  who has granted the permit about the cessation of the reason for granting the permit within 15 working days (if the permit has been granted by the Head of the Office for Foreigners in the 2nd instance, the notification is addressed to the province governor  who has ruled in the case at the 1st instance);
  • Information ought to be submitted in the written form through the Registry Office or by post;
  • A failure to comply with this obligation may result in the refusal to grant another temporary residence permit.

 

THE OBLIGATION OF LEAVING  POLAND AFTER THE REFUSAL, A DISMISSAL OR WITHDRAWAL OF A PERMIT  

 

• A foreigner is obliged to leave the territory of the Republic of Poland within 30 days from the date on which the decision to refuse them a temporary residence permit or the decision to withdraw their permit has become final (i.e. the term for lodging an appeal has expired, and a foreigner has not submitted an appeal or if they have waived the right to appeal), and from the date on which the final decision has been served to a foreigner in the case of issuing a decision by a superior authority, unless they are entitled to stay on the territory of Poland on a different basis.

THE RIGHT TO PERFORM WORK 

  • Detailed information on the possibility of performing work is described at the website:

https://mazowieckie.pl/pl/dla-klienta/cudzoziemcy/zezwolenia-na-prace-dl-1/cudzoziemcy-zwolnieni-z/32662,Cudzoziemcy-zwolnieni-z-obowiazku-posiadania-zezwolenia-na-prace.html

 

WITHDRAWING A RESIDENCE PERMIT

 

  • A temporary residence permit may be withdrawn by the province governor. Circumstances justifying the withdrawal of a permit occur when:
  1. the purpose of the stay which has been the reason for granting a temporary residence permit has ceased to exist, or
  2. they have ceased to fulfil the requirements for granting a temporary residence permit because of the declared purpose of the stay, or
  3. the entry of a foreigner’s data into the list of foreigners whose stay is undesirable in the territory of the Republic of Poland applies, or
  4. the reasons of national defence or security or the protection of public safety and order or the obligations resulting from the provisions of ratified international agreements binding the Republic of Poland require it, or
  5. in the proceedings for granting them a temporary residence permit:
     

a) they have submitted an application including untrue personal data or false  information or they have attached documents including such data or information to it, or

b) they have testified untruth  or  concealed the truth or falsified or altered a document to use it as an authentic one or they have used such a document as an authentic one, or

  1. they are in arrears with paying taxes with the exception of the cases when they have obtained  an exemption, postponement, spreading out overdue payments or suspending wholly  a decision of the right authority provided for by the law, or
  2. they have not refunded the costs related to the issuance and implementation of the decision on a foreigner's obligation to return which have been covered from the state budget, or
  3. being subject to a treatment obligation on the basis of art. 40 para. 1 of the Act on Prevention and Counteracting Infectious Diseases in People of 5 December 2008, they do not agree on this treatment.  

On the day when a foreigner obtains a residence permit of long-term EU resident, a  temporary residence permit expires by virtue of the law. A temporary residence permit expires by law as of the date of acquiring the Polish citizenship.

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Published by Marcin Olechowski, 06.08.2019, Number of hits: 1387, Change Log