Temporary residence and work permit

Decision

After reviewing the evidence and supplementing it, if necessary, the voivode makes an administrative decision on granting the permit, unless there are obstacles to granting it, including the assessment that the requirements for the permit have been met.

A foreigner who has obtained a permit is issued a residence card (more information in: “Residence card”).

The decision on granting the permit may specify the requirements for the foreigner to perform work in Poland, including the entity entrusting the performance of paid activity (possibly also the user employer) and, inter alia, position and the lowest level of remuneration received. Performing work that does not comply with the requirements, if they have been specified in the decision and have not been changed subsequently, is inconsistent with the provisions and may result in the issue of a decision on a return decision or criminal liability.

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Decision on refusal to grant a permit

The voivode will issue an administrative decision refusing to grant a temporary residence permit to a foreigner if they find that there are grounds for refusing to grant a permit, which:

- in relation to a foreigner, it may be related to:

• a failure to meet the requirements for a temporary residence permit due to the declared purpose of stay or finding that the circumstances that are the basis for applying for this permit do not justify the foreigner's stay on the territory of the Republic of Poland for a period longer than 3 months, or

• the foreigner's data being entered into the list of foreigners whose stay on the territory of the Republic of Poland is undesirable, or the foreigner's data being entered in the Schengen Information System for the purposes of refusing entry, or

• state defense or security or protection of public safety and order or obligations resulting from the provisions of ratified international agreements binding for the Republic of Poland, or

• submitting an application in the proceedings for granting a temporary residence permit containing false personal data or false information or attaching documents containing such data or information to the applications, or declaring untruth or concealing the truth, or forging or altering a document in order to use it as authentic or using such a document as authentic, or

• arrears in paying taxes, except in cases when they obtained a legal exemption, deferral, distribution of overdue payments into instalments or suspension of the entire execution of a decision of a competent authority, or

• a failure to reimburse costs related to the issuance and execution of a decision obliging the foreigner to return, as were covered by the state budget, or

• no consent to treatment, in a situation of being subject to the obligation of treatment pursuant to Art. 40 par. 1 of the Act of 5 December 2008 on the prevention and combating of infections and infectious diseases in humans,

• submitting the application during illegal stay on the territory of the Republic of Poland or illegal stay on this territory on the date of issuing the decision,

• the foreigner's failure to have formal qualifications or failure to meet other conditions that are required in the event of the intention to entrust them with work in a regulated profession, or

• a final conviction for a crime referred to in art. 270-275 of the Criminal Code, committed in connection with the proceedings on the issue of a work permit or granting them a temporary residence and work permit, or

• failure to meet the requirements of the entity entrusting the performance of paid activity to a foreigner specified in the information from the starost on the impossibility of satisfying the staffing needs of the entity;

- in relation to the entity entrusting the performance of paid activity or the entity controlling or managing it, it may be related to:

• legally binding punishment for the offense referred to in art. 120 par. 1 of the Act of 20 April 2004, on promotion of employment and on labour market institutions, and within 2 years of being punished, being again punished for a similar offense, or

• legally binding punishment for the offenses referred to in art. 120 par. 3-5 of the Act of April 20, 2004, on promotion of employment and on labour market institutions, or

• (in the case of a natural person) with a final and binding sentence for a crime referred to in Art. 218-221 of the "Criminal Code", or

• (in the case of a natural person) with a final and binding sentence for a crime referred to in Art. 270-275 of the Criminal Code, committed in connection with the proceedings on the issue of a work permit, or

• (in the case of a natural person) with a final and binding sentence for a crime referred to in Art. 9 or Art. 10 of the Act of 15 June 2012 on the effects of entrusting paid activity to foreigners residing on the territory of the Republic of Poland in violation of the provisions, or

• a legally binding punishment for the offense referred to in art. 11 of the Act of 15 June 2012 on the effects of entrusting paid activity to foreigners residing on the territory of the Republic of Poland in violation of the provisions.

In addition, the voivode may refuse a temporary residence and work permit in a situation when the entity entrusting paid activity to a foreigner:

• does not have financial means or sources of income necessary to cover the obligations arising from entrusting them with paid activity or

• they do not conduct actual economic / agricultural / statutory activity justifying entrusting paid activity to a foreigner in a given period, in particular if they have suspended their activity or have been removed from the relevant register or their activity are under liquidation.

The voivode may also refuse this permit if:

• in a given calendar year, the limit of temporary residence and work permits has been reached.

It should be remembered that determining such an amount is optional and depends on the assessment of the situation on the labour market. So far, no regulations relevant for accepting such an amount have been adopted, so the voivode cannot refuse to grant a permit on this basis.

The decision to refuse a permit may be appealed against to the Head of the Office for Foreigners (more in: “Appeal").

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Remember!

• Appealing against the voivode's decision regarding the permit is your right, not an obligation.

• If the permit will not be granted to you and you do not have a basis for further stay in Poland, and you do not submit a timely appeal against the voivode's decision, you should leave the territory of Poland within 30 days of the date on which the voivode's decision became final. If you do not leave, a decision obliging you to leave our country may be issued against you (go to "Obligation to leave Poland and re-entry ban" for more information).

• If a subsequent application for a temporary residence permit or a permit of indefinite duration (i.e., for a permanent residence or for a long-term EU resident) is submitted within this deadline, this application will not be considered. This is because the legislation provides for a refusal to initiate proceedings in such a case. The refusal to initiate proceedings takes the form of a decision, which can be appealed against.

• If the permit is not granted to you and the decision has become final, you may apply for reimbursement of your stamp duty. Detailed information on the procedure can be found here.

• Watch the instructional video to find out more.

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Special permit for Ukrainian citizens

If, during the procedure for granting a temporary residence permit, the voivode will determine that the Ukrainian citizen:

• does not meet the requirements for granting the temporary residence permit he/she is applying for, or

• there are circumstances justifying the refusal to grant this permit (other than those listed in Article 100, Section 1, Items 2-5 of the Act on Foreigners)

- and therefore, the granting of a temporary residence permit under the ordinary procedure is not possible, then a temporary residence permit will be granted based on Article 42a of the Special Act. Such permit is granted for a period of 1 year. The decision to grant it must be issued before 4 March 2024.

A temporary residence permit under Article 42a, Section 1 of the Special Act will not be granted to the Ukrainian citizen in the following cases:

• his/her data are in the registers for refusal of entry and stay,

• it is required for reasons of state defence or security, or protection of public security and order, or obligations arising from the provisions of ratified international agreements binding on the Republic of Poland,

• he/she has submitted an application containing false personal data or fals information or has enclosed documents containing such data or information, or he/she has given false testimony or withheld the truth or has falsified or counterfeited a document to use it as authentic or has used such a document as authentic.

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