Temporary residence permit for the purpose of studies

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").

A fee of PLN 100 is charged for issuing a residence permit.

Granting a temporary residence permit for the purpose of studying at university creates rights and obligations towards the foreigner, including in particular:

• Rights in the sphere of access to the labour market - after obtaining a permit, a foreigner can perform work in Poland without the need to have a work permit.

• Rights in the sphere of economic activity - a foreigner may undertake and perform business activity on the territory of Polish on the same terms as Polish citizens.

• Rights in the sphere of legal stay and travel - during its validity, a foreigner is entitled to legal stay in Poland and cross the border Polish without the need for a visa. They may also cross the internal borders of the Schengen area and stay in other Schengen States for a period of 90 days in any period of 180 days, provided that the entry and residence requirements are respected.

• The obligation to notify in writing the voivode who granted the permit or who ruled in the case in the first instance about the cessation of the reason for granting the permit (i.e., e.g., about removal from the list of students or abandonment of studies) – which should be carried out by the foreigner within 15 days.

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.

• there are reasonable doubts as to the credibility of the statements made 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

• the preceding temporary residence permit for the purpose of study education, as agreed, was used for a purpose other than the purpose for which it was granted - in the case of re-applying for the first permit or applying for a further permit,

• removal from the list of students or doctoral students - in the case of re-applying for the first permit or applying for another permit (refusal on this basis is optional, i.e., dependent on the recognition of the voivode).

- in relation to the university, it may be related to:

• establishing that it acts mainly for the purpose of facilitating unlawful entry or stay of students or doctoral students on the territory of the Republic of Poland

The Voivode may refuse the permit also in the event of non-compliance by the foreigner with the obligation to notify about the cessation of the reason for granting the previous permit. Refusal on this basis will be justified only if the next application is submitted by the foreigner within 1 year from the expiry of the validity of the previous temporary residence permit or from the date on which the decision to withdraw this permit became final.

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