Temporary residence permit for trainee

Decision

After reviewing the evidence and its possible supplementation, the voivode decides by means of an administrative decision on granting the permit, if they find that there are no obstacles to its granting, including assessing that the requirements for the permit have been met.

A foreigner who has obtained a permit is issued with a residence permit (more in the tab: "Residence card").

The Voivode will issue an administrative decision refusing to grant a temporary residence permit to a foreigner if it finds that there is a basis for refusing to grant a permit, which:

- in relation to a foreigner 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 existence of justified doubts as to the credibility of the statements made by the foreigner regarding the purpose of their stay on the territory of the Republic of Poland due to the evidence available to the authority or objective circumstances indicating that the purpose of the foreigner's stay could be different from the declared one.

- as regards the organiser of the traineeship, may be linked to a statement that:

• acts mainly to facilitate illegal entry or residence of trainees on the territory of the Republic of Poland

• is managed or controlled by a natural person legally:

- punished for the offence referred to in Article 120(1) of the Act of 20 April 2004, on promotion of employment and on labour market institutions, which within 2 years of being punished was again punished for a similar offence, or

- punished for offences referred to in Article 120(3)-(5) of the Act of 20 April 2004, on promotion of employment and on labour market institutions, or

- convicted of an offence referred to in Articles 218-221 of the Criminal Code,

• does not comply with the obligation to pay social security contributions,

• is in arrears with the payment of taxes, except in cases where it has obtained the exemption provided for by law, postponement, spreading into instalments overdue payments or suspending in full the implementation of the decision of the competent authority,

• does not run a business, and the internship is directly related to such activity,

• it has been declared bankrupt or it is being liquidated.

Moreover, the voivode refuses another temporary residence permit for the trainee:

• where, the circumstances of the case show that the preceding temporary residence permit was used for a purpose other than that for which it was granted.

The decision to refuse to grant a permit is appealed to the Head of the Office for Foreigners (more in the tab: "Appeal").