Are you a foreigner who wants to legally stay in Poland?
Are you considering moving to Poland to experience living in a new country?
Poland is a wonderful destination, offering a rich history, vibrant culture, and a growing economy. However, to fully enjoy your stay, it is important to understand the legal requirements for staying in the country.
Making sure you have all the necessary legal documents will help you avoid any legal issues and allow you to focus on settling into your new life in Poland. This guide is here to make that process easier for you.
Legal Stay In Poland – The Basics
The legalization of a foreigner’s stay depends on their country of origin. Those coming to Poland are categorized as:
- European Union (EU) nationals, and their families, or
- third-country nationals.
EU Member States are: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.
For the purposes of immigration regulations, an EU national also includes citizens of Norway, Iceland, Liechtenstein, and Switzerland.
The Schengen Area countries include: Austria, Belgium, Bulgaria, Denmark, Finland, France, Greece, Spain, Luxembourg, the Netherlands, Germany, Portugal, Romania, Sweden, Italy, Estonia, Lithuania, Latvia, Malta, Poland, the Czech Republic, Slovakia, Slovenia, Hungary, Croatia, as well as Liechtenstein, Switzerland, Norway, Iceland.
EU citizens can stay in Poland for up to 3 months without any registration of their stay. Third-country nationals can enter the territory of the Republic of Poland based on a visa or visa-free movement (if they are entitled to it).
From 24 February 2022, Ukrainian citizens who came to Poland due to the war can stay until 30 September 2025, without applying for a residence permit.
If a United Kingdom citizen was legally residing in Poland before the end of the transition period, i.e., before December 31, 2020 and they continue to reside in Poland after December 31, 2020, then they are a beneficiary of the Withdrawal Agreement and have the right to reside in Poland under the same conditions as citizens of EU member states. In this situation, the family members of such a citizen are also beneficiaries of the Withdrawal Agreement. In all other cases, UK citizens are treated, in terms of residence in Poland, as third-country nationals.
The regulations concerning the legalization of foreigners’ stay are particularly burdensome for non-EU citizens.
A residence permit for a foreigner is granted or refused by the voivode competent for the foreigner’s place of residence (for example, a foreigner residing in Warsaw will apply in the Masovian Voivodeship, while a foreigner residing in Gdynia will apply in the Pomeranian Voivodeship).
As a rule, the application must be submitted by the foreigner who is legally residing in Poland, i.e., no later than the last day of their legal stay (there are exceptions to this rule).
The voivode places a stamp in the foreigner’s travel document confirming the submission of the application for a residence permit within the deadline (and without formal deficiencies). Residence in Poland based on the stamp is considered legal (even if the visa or previous residence card expires) until the decision on the residence permit is issued, and in the case of an appeal against a negative decision, until the second-instance decision becomes final.
The stamp (if it is the only basis for staying in Poland) does not permit travel to other Schengen Area countries. With the stamp confirming legal residence, the foreigner can travel to their country of origin, but they will not be able to return to Poland or cross the Schengen Area border on that basis (to re-enter Poland, a visa must be obtained if the foreigner is from a country not covered by the visa-free regime).
EU Nationals
EU citizens and their families can stay in Poland for 3 months without any conditions.
If the stay in Poland exceeds 3 months (or if it exceeds the period for which the long-stay visa was granted), EU citizens must register it. This is not the same as residence registration. Stay registration is handled by the Voivodeship Office, while residence registration is done at the Municipality Office.
The obligation to register residence applies to:
- Citizens of European Union member states
- Citizens of Norway, Liechtenstein, and Iceland
- Citizens of Switzerland – this also applies to the spouse and dependent child of an EU citizen or their spouse, who are joining or residing with them in the territory of the Republic of Poland
- Citizens of the United Kingdom of Great Britain and Northern Ireland that are a beneficiary of the Withdrawal Agreement
- Family members of the above-mentioned citizens who are residing together in the territory of Poland.
The right of residence granted to an EU citizen, as mentioned in points 1 and 2, also extends to their family members who are joining or residing with them in the territory of Poland.
Conditions for stay over 3 months
An EU citizen is entitled to reside in the territory of Poland for a period longer than three months if they meet any of the following conditions:
- They are employed or self-employed in Poland.
- They are covered by public health insurance or have the right to healthcare services and possess sufficient financial resources to support themselves and their family members.
- They are studying or undergoing vocational training, are covered by public health insurance or have the right to healthcare services, and possess sufficient financial resources to support themselves and their family members without relying on social assistance.
- They are married to a Polish citizen.
Despite the obligation to register the residence of an EU citizen for stays in Poland longer than 3 months, the right of an EU citizen to reside in Poland for more than 3 months is based on meeting the aforementioned residence conditions, not on the registration itself. Failure to fulfill the registration requirement does not negate an EU citizen’s right to reside in the territory.
The certificate of residence registration for an EU citizen is valid for a period of 10 years.
Family Members
Non-EU family members of an EU citizen must obtain a residence card for an EU citizen’s family member.
An individual is recognized as a family member of an EU citizen if they are:
- The spouse of an EU citizen;
- The child of an EU citizen or the child of their spouse (stepchild) under 21 years old;
- The child of an EU citizen or the child of their spouse (stepchild) who is dependent on the EU citizen or their spouse;
- The parent of an EU citizen or the parent of the EU citizen’s spouse (parent-in-law) who is dependent on the EU citizen or their spouse;
- The parent of a minor EU citizen who is the actual caregiver of the minor and on whom the minor EU citizen depends for support.
The residence card of a family member of an EU citizen is valid for 5 years.
Permanent Stay
EU citizens obtain the right to permanent residence after staying in Poland for at least 5 continuous years. This means living in Poland for at least 6 months each year. Exceptions are for military service and significant personal reasons (e.g., pregnancy, illness, studies). Absence should not exceed 12 consecutive months.
In some cases, a foreigner may be eligible for permanent residency in Poland after a shorter period of continuous residence.
The document confirming the right of permanent residence and the permanent residence card of a family member of an EU citizen are valid for 10 years.
Third-country Nationals
Temporary Stay Up to 3 Months
Non-EU citizens can stay in Poland (and other Schengen countries) for up to 90 days under visa-free movement. This applies to nationals from countries with which Poland has an international agreement. For example, U.S. citizens with biometric passports can travel visa-free.
Temporary Stay Over 3 Months
To stay in Poland for more than 3 months (or if it exceeds the period for which the long-stay visa was granted), a foreigner must obtain a temporary residence permit, justifying the need to stay in Poland. The residence permit can be based on for example:
- Work
- Business
- Education or studies
- Graduating from a university
- Scientific research
- Family life
- Internship
- Volunteering
- Delegation
- Seasonal work
- Other circumstances
A foreigner applying for a temporary residence permit must present i.a.:
- Documents confirming their reason for stay in Poland
- Health insurance
- Financial means for staying in Poland.
A temporary residence permit is issued for a minimum of 3 months and maximum of 3 years. The foreigner should apply no later than the last day of their legal stay in Poland. The stay is considered legal from the application date until the decision is made.
After approval, the foreigner receives a residence card valid for a maximum of 3 years.
If a foreigner holds a Polish residence card, they can travel visa-free to other Schengen Area member states for a period not exceeding 90 days within any 180-day period. When traveling within the Schengen Area, they should always carry a valid residence card, a valid passport, and proof of health insurance.
Temporary residence permits cannot be extended (the law does not provide for a procedure to extend a temporary residence permit). If a foreigner wishes to stay in Poland, they must apply for a new permit.
A foreigner should leave Poland before the temporary residence permit expires, unless they have obtained another valid document allowing them to stay legally in Poland (e.g., another temporary residence permit, a permanent residence permit, or an EU long-term residence permit).
Legalization of Ukrainian Citizens' Stay
On March 12, 2022, the law on assistance to Ukrainian citizens due to the armed conflict came into force. It exempts Ukrainian citizens from needing a residence permit if they entered Poland after February 24, 2022. Regardless of the document used to cross the border, every Ukrainian citizen can stay legally in Poland until 30 September, 2025.
The law also covers:
- Extending the legality of stay based on a temporary residence permit and national visa until June 30, 2024, if the permit/visa expires after February 24
- Extending visa-free stay and Schengen visa validity until June 30, 2024, if the person was in Poland when the war started, and the document expires after that date.
The law does not apply to those who had an EU long-term resident permit, refugee status, subsidiary protection, tolerated stay, or applied for international protection before the war started.
Permanent Stay
A permanent residence permit is the right to reside in Poland for an indefinite period granted to a third-country national or stateless person, upon their application, in specific cases.
Persons eligible for permanent residence permits are:
- Minor children of Polish citizens
- Minor children of foreigners with permanent or long-term EU resident permits
- Spouses of Polish citizens meeting certain conditions
- Foreigners of Polish origin planning to settle in Poland
- Holders of a valid Pole Card and/or is a person of Polish origin
- Victims of human trafficking
- A person who has been granted asylum in Poland
- Foreigners residing in Poland for at least 5 years on refugee status or 10 years on tolerated stay
- Citizens of the United Kingdom of Great Britain and Northern Ireland that are a beneficiary of the Withdrawal Agreement meeting certain conditions.
The stay of a foreigner, which forms the basis for granting a permanent residence permit, is considered uninterrupted if none of the absences lasted longer than 6 months and the total of all absences did not exceed 10 months, unless the absence was due to certain personal situation (e.g. work, studies, health).
The decision regarding the issuance of a permanent residence permit is granted for an indefinite period. However, the residence card itself is valid for 10 years, meaning that the card must be renewed every 10 years through a card renewal procedure. There is no need to reapply for the permit or go through the application process again.
A permanent residence permit (permanent residence card) allows for travel to other Schengen Area countries. However, the stay based on this permit cannot exceed 90 days within a 180-day period. If the foreigner intends to stay in a particular country for longer than the specified limit, they should regularize their stay according to the regulations in that country.
Long-Term EU Residence Permit
The EU long-term residence permit is a permit that grants the right to reside permanently in Poland.
A foreigner can obtain an EU long-term residence permit if they:
- Have legally and continuously resided in Poland for at least 5 years
- Have a stable and regular source of income for the 3 years of residence in Poland immediately prior to submitting the application (for those holding a Blue Card, stable income is required for 2 years)
- Have health insurance
- Have guaranteed access to accommodation
- Provide a document confirming temporary residence registration or a certificate stating the inability to obtain such registration
- Demonstrate proficiency in the Polish language (at least at level B1).
A foreigner’s stay is considered uninterrupted if none of the absences exceeded 6 months and all absences in total did not exceed 10 months within a 5-year period. The period in Poland is still considered uninterrupted if the absence was due to a certain personal situation (e.g., work, studies, health).
For the 5-year residence period in Poland, only half of the time spent by the foreigner is counted if they resided based on a visa or temporary residence permit issued for the purpose of completing studies or vocational training or during an asylum procedure.
Certain periods are not included in the 5-year residence period in Poland, for example: if a foreigner is a posted worker, holds a visa issued for humanitarian reasons, or during the procedure for granting refugee status.
Documents confirming knowledge of the Polish language, as explained in the Requirements stage, may include:
- A certificate of Polish language proficiency at least at level B1, issued by the State Commission for the Certification of Polish Language Proficiency [more information: certyfikatpolski.pl].
- A certificate of completion of a school in Poland, including primary, secondary, or post-secondary school, where Polish was the language of instruction.
- A diploma from a university in Poland where Polish was the language of instruction.
- A school leaving certificate or university diploma from an institution abroad where Polish was the language of instruction.
The decision to issue this permit is given for an indefinite period. However, the residence card itself is valid for 5 years, which means it must be renewed every 5 years through a card renewal process. There is no need to reapply for the permit or go through the initial application process again.
An EU long-term residence permit issued by Poland allows for travel to other Schengen Area countries. However, the stay based on this permit cannot exceed 90 days within a 180-day period. If the foreigner intends to stay in a particular country longer than the allowed limit, they should regularize their stay according to the regulations of that country.
Conclusion
Poland presents a welcoming environment for those seeking new opportunities, whether for work, study, or simply experiencing a new culture. However, understanding and complying with the legal requirements for staying and working in the country is crucial.
Adwisen specializes in providing expert assistance with the process of obtaining residence permits and related matters for both entrepreneurs and private individuals. With a deep understanding of immigration law and extensive experience, we ensure that all formalities are handled efficiently. Our expertise will guide you through the complex process of legalizing your stay smoothly and without legal complications.
Sources:
- Act on Foreigners
- Act on the Entry into, Stay in, and Exit from the Territory of the Republic of Poland of Citizens of European Union Member States and Their Family Members
- Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community
- Act on Assistance to Ukrainian Citizens in Connection with the Armed Conflict on the Territory of Ukraine
