What is the “Temporary Residence and Work Permit”? This permit is granted to foreigners who come to Poland to work and plan to stay longer than 3 months. It can be used by citizens of countries outside the European Union; based on the permit, they will receive a temporary residence card.
How to obtain a temporary residence and work permit?
The procedure for obtaining a uniform permit is extremely convenient because all formalities related to the legalization of stay and employment take place within one administrative procedure. Therefore, a foreigner is exempt from separately applying for a residence permit. The permit gives its holder the right to reside in Poland and to perform work in accordance with the regulations, under the conditions specified in the permit.
The voivode who granted the uniform permit will automatically issue the interested party with a residence card, valid for a specified period of time (from 1 to 3 years), confirming the holder’s identity and entitling him, after presenting it together with a travel document, to freely cross the Polish border without a visa.
What conditions must be met to obtain a single permit?
The voivode may grant a permit to a foreigner who plans to stay in Poland for more than 3 months and take up work. He should provide confirmation of health insurance, covering the costs of treatment in Poland financed from public funds (National Health Fund) or private funds (insurance policy).
An employer who intends to employ a foreigner must guarantee that the remuneration of the foreign employee will not be lower than the remuneration of other employees performing comparable duties or in a similar position for the same period of time.
He cannot earn less than the minimum wage, regardless of the working time and the category of the legal relationship under which he will be employed. Even if it is a part-time job, the salary cannot be less than the monthly minimum wage. This requirement is considered met if the foreign employee is employed by more than one employer and the sum of income obtained is not less than the minimum wage.
If, on the basis of a permit, a foreigner wants to work in a regulated profession, it will be necessary for him to meet the requirements specified for this profession in the regulations and confirm his professional qualifications, for example as a forklift operator, driver or doctor.
From January 29, 2022, an additional reason why it is worth obtaining a uniform permit is the possibility of a foreigner who has appropriate professional competences to work in a profession desirable for the Polish economy. In such a case, there is no need to confirm that the employer is unable to find suitable employees on the local labor market (starosta’s opinion).
Is it possible to withdraw the permit?
Consult our specialists to determine whether in your situation the voivode may withdraw the issued uniform permit. The reason for such a situation may be, for example, a change in the job position or the purpose of stay indicated in the permit. You also need to be aware of how long you can look for a new employer after your previous employment ends. Please remember that the foreigner is obliged to leave Poland within 30 days after the final decision to withdraw the permit is issued.
How to apply for a temporary residence permit for a foreigner’s child?
Due to the specificity of the situation in which a foreigner’s child needs consent to stay in Poland, it will be important to present all circumstances confirming existing family ties and providing care for the child. If the child’s parents are legally resident in Poland, they must provide documents proving their current status, such as a residence card or visa.
When applying for a temporary residence permit for a child, it is best to use the help of experienced specialists who will help you prepare the application and complete the required documentation. Thanks to this, the process of obtaining a permit will be faster and more effective, and the child will be able to enjoy all the rights and freedoms that every child is entitled to, regardless of his or her origin or citizenship.
Permission for temporary residence for the purpose of family reunification may also be granted to a direct relative or an adult person caring for a foreign minor who has been granted refugee status or subsidiary protection and who remains in Poland without supervision.
What about a temporary residence permit for a student or graduate?
Granting a permit to students and graduates depends on various factors, such as country of origin, education, as well as the specific nature of the studies or work they intend to perform in Poland. MAGFIN employees have already helped hundreds of people in the process of issuing a temporary residence card.
Such a permit is valid for a period depending on the specific situation. In the case of students, the card is usually valid throughout their studies, and in the case of graduates, for one year after graduation. After this time, you can apply for a card extension or another residence permit.
How to obtain a permit for the spouse of a Polish citizen?
The necessary documents vary depending on the situation, but in most cases you must present a marriage certificate issued no earlier than three months before submitting the application, proof of identity and confirmation that you have the financial resources necessary to support yourself in Poland.
If the spouse of a Polish citizen comes from outside the EU, it is necessary to present documents confirming the legality of stay in Poland (e.g. visa, work permits). After obtaining the permit, the spouse of a Polish citizen has the right to work and use public services in Poland.
What steps should you take when starting to try?
In order to obtain a uniform permit, the interested party submits an appropriate application, in person or electronically, no later than on the last day of lawful stay in Poland, to the voivode competent for the place of residence. At the same time, he/she submits fingerprints and shows a valid passport. The permit will be valid from 3 months to 3 years, with an option to extend.
What documents do you need to obtain a temporary residence card?
It is extremely important to assemble a comprehensive set of documents necessary for the official process, including an application in several copies, a sufficient number of photos in the appropriate format, copies of passports (those pages with visas or stamps) or other IDs you have, as well as proof of any required fees. The most important certificates obtained from other institutions include: information from the starosta (if required), confirmation of earnings, insurance confirmation, contracts for renting an apartment or other premises, tax and ZUS certificates and many others.
After granting a residence and work permit for a specified period, a residence card is issued, which confirms the employee’s identity and entitles him, when presented together with a travel document, to freely cross the border without a visa.
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How much does it cost to obtain a temporary residence card?
- When submitting the application, you must pay a stamp duty of PLN 440
- Uniform permit for a foreigner holding a position on the management board of a limited liability company or joint-stock company whose shares or does not have shares PLN 340
- Residence permit for a family member of a Polish citizen PLN 340
- Issuing a residence card PLN 100 (when receiving the decision)
Additional obligations of a foreigner after obtaining a permit:
- If you have lost your job with one of the employers, you must notify the office that granted your previous permit within 15 business days in writing.
- If you intend to change the employer indicated in your permit, you will need a new temporary residence and employment permit or an application for a change to the currently applicable decision.
- If you want to work in a different position or under conditions different from those described in the permit or with another employer user (if you are a temporary employee), you will have to apply for a change to the currently applicable decision.
ATTENTION! - Replacing a civil law contract indicated in the permit with an employment contract does not require notifying the voivode, changing it or granting a new temporary residence and work permit.
Is there a risk of a negative decision in the case of a temporary residence permit?
Yes!
Nobody wants to receive a negative decision. In this case, it is worth being aware of the possible reasons for the refusal and what steps you can take to appeal the decision. First of all, remember that Polish migration law is complex and requires compliance with many procedures. If you apply on your own and do not provide the required documents or do not meet other conditions, there is a huge risk of rejection. Such risk is minimized when the application is prepared by MAGFIN employees. We have extensive experience, dating back to 2011, we understand Polish legislation and follow its changes.
Therefore, if the applicant decided to take the risk, tried to obtain a permit himself and was refused, and is convinced that he meets all the requirements, it is worth consulting our specialists familiar with legalization issues and able to communicate in foreign languages.
It is worth remembering that the refusal of a residence permit by the office does not mean that you will not be able to stay in Poland. If the refusal concerns temporary residence, there are other ways to apply for a permit. It may also be worth appealing this decision. Our experts will carefully analyze your situation and choose the best option.
In any case, it is extremely important that the applicant remains calm and acts only in accordance with the law. A negative decision of the office does not have to mean the end of dreams of living in Poland, but it requires taking appropriate actions and remaining optimistic. Call us now! Or fill out the online form on the website!
MAGFIN makes every effort to make it easier for our customers to obtain a card “Temporary Residence and Work Permit”.
