Enabling legal residence and confirming the identity of foreigners in Poland is a task carried out by the residence card. It also allows for multiple border crossings without the need for a visa, making it a practical solution for those intending to stay in Poland for an extended period.
If you encounter difficulties obtaining a residence card in Warsaw or anywhere else in Poland, we invite you to contact us. As a team of experienced specialists, we offer professional support in the process of applying for this document.
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What is a residence card?
This document is crucial for foreigners wishing to work, study, or live in Poland for an extended period. It serves as official confirmation of the right to legally reside in Poland for citizens of selected countries. Unlike visas, which are issued by the Polish consulate abroad, the residence card is granted by the appropriate voivode in Poland.
With a residence card, you can gain the right to:
long-term EU resident status,
residence for humanitarian reasons,
international protection.
Temporary residence,
permanent residence,
What documents do you need and what procedures must you go through?
Applying for a residence card requires candidates to meet specific criteria and submit certain documents, including a passport, an application form, proof of sufficient financial means, and others. The rules and requirements for the application process may vary depending on the type of permit and the applicant’s personal circumstances. Typically, after submitting all the required documents, the applicant must undergo a fingerprint registration process, and upon its completion, they will receive the residence card.
What are the benefits?
Having a residence card entitles you to legally reside in Poland for a period ranging from six months to three years, depending on its type. The holder also gains the right to employment, access to free education, and healthcare services. Moreover, this card allows for travel within the Schengen area without the need for an additional visa.
What is the significance and function?
A residence card certifies the legality of residing and working in Poland, allowing the holder to obtain additional documents such as a driver’s license or open a bank account. This grants the cardholder access to a wide range of public and private services. The card authorizes residence for a specified period, opening up new opportunities for the holder.
A Schengen residence permit allows travel within its member countries for up to 90 days in any six-month period, provided specific criteria are met. These include having valid travel documents, being able to prove the purpose of the visit and conditions of stay, having sufficient financial means for maintenance or the ability to obtain them legally, and not posing a threat to public order, public health, or international relations. It is also important not to be registered in databases as a person whose entry may be prohibited.
We also provide an individualized approach to each client, considering the specifics of their situation. Although difficulties may arise in the process of applying for a residence permit, such as the lack of appropriate documents or insufficient financial means, we offer assistance in resolving these issues, tailoring solutions to the client’s needs.
Features of applying for citizens of certain countries.
For citizens from non-European Union countries, additional documents may be required. For example, Russian citizens must provide a criminal record certificate, and Ukrainians need proof of a stable economic situation. Additional security checks may also be necessary. Problems that may arise include the lack of appropriate documents, financial instability, criminal convictions, or errors in the application. However, you don’t have to worry – our experienced specialists are here to help you gather all the required documents and safely guide you through the entire process. One of the main challenges for foreigners is limited knowledge of the Polish language and a lack of understanding of the procedures related to documentation. Thanks to our specialists who speak Ukrainian, English, and Russian, and our consultants familiar with formalization procedures, we can help bypass these difficulties, speed up the process, and minimize the risk of receiving a negative decision.
How to easily obtain a residence card in Poland (for an adult)?
The basis for residence in Poland that is easy to prove and obtain, based on which to obtain:
Studies, vocational courses, or school education.
Employment under an employment contract or a mandate contract.
Establishing a limited liability company or registering a business in Poland.
Marriage to a Polish citizen or a person with the right to reside in Poland.
Possession of a Polish Card or Polish ancestors (Polish origin).
When can the residence card be exchanged?
Temporary residence – This document is only valid during its current validity period. When it is nearing expiration, it is necessary to submit a new application to extend this type of residence.
Permanent residence or EU long-term resident status – For these permits, issuing a new card does not require submitting a new application, even if the previous card has expired. The key is that the decision granting the residence permit, issued earlier, remains valid.
Consider the first issue: refusal to accept documents.
At this stage of the process, refusals can be particularly tricky. This often happens when foreigners send documents by mail. For example, when a person sends documents at the end of their legal stay period, assuming they will be legally staying in the country until a decision on the residence card is received. However, if the office finds grounds to reject the application, and the applicant learns of this after their visa or visa-free period has expired, they lose the opportunity to provide the necessary document supplements and, in many cases, may be deported.
The most common reasons for application rejection are related to insufficient documentation. It is important to remember that regardless of the reason for applying for a residence permit, the required documents can be divided into two main groups:
- Documents Required to Start the Process: These include the application form, photographs, proof of fee payment, and a copy of the passport. If any of these documents are missing or the application is not supplemented within seven days from the date of submission of the original application, this may be grounds for rejecting the application to start the procedure.
- Documents Confirming the Provided Information: The type of these documents depends on the basis of the application and can be submitted at a later date. However, the office may decide to extend the deadline for their submission, which is set individually – usually 7 days, but in some cases, it may be extended to 2-4 weeks.
If the applicant is subject to other regulations regarding residence in Poland, such as a return order, entry ban to Poland or the Schengen area, or is on the list of foreigners banned from staying in the territory of the Republic of Poland, such an application may be rejected or considered negatively.
So, the main reasons for refusing to issue a residence permit can be divided into four broad categories:
This scenario is one of the most common reasons for rejecting an application. It often results from the applicant not providing the appropriate amount of necessary documents for obtaining a residence permit, as well as errors in filling out or submitting them within the designated time.
It is common for the applicant not to respond to a summons, not submit documents on time, not provide appropriate powers of attorney, or not pay the required fees. Staying outside Poland can also be a reason for rejecting the application. Failure to provide the required information after receiving a summons from the office also leads to the interruption of the application process in such circumstances.
Formal errors include:
- Late submission of biometric data (fingerprints).
- Submitting the application for a permit when the foreigner is not in Poland (if the situation does not allow for such a possibility).
- The document contains false, inaccurate, or misleading information.
- Specific grounds for residence at the time of application submission, e.g., travel visa, D05B visa (seasonal work), special short-term stay (e.g., summons, certificate), etc.
It should be noted that the requirement to be present in the territory of the Republic of Poland when submitting an application for a permit applies to all methods of application submission, including sending documents by mail. Exceptions are rare cases where this is allowed.
To begin with, this category includes situations where foreigners are listed in the SIS (Schengen Information System) on the so-called “blacklist.” With such status, obtaining a residence card is excluded.
Additionally, other complications related to security issues may arise during the application review process.
- The applicant has been arrested and placed in a detention facility.
- The applicant has violated the rules of stay in Poland.
- A ban on leaving the Republic of Poland has been issued (this is a sanction for specific crimes).
- The applicant is serving a sentence.
- There is an active threat to public, national, or other security in Poland and/or the European Union.
Not all of these situations lead to forced removal from the country. For example, when a foreigner is serving a sentence in a penal institution, they may receive a special residence permit that prevents the issuance of a new residence card.
Although these are extreme situations, it is crucial to thoroughly understand all details and lift any prohibitions in case of any irregularities. Otherwise, they can negatively impact future international travel opportunities.
This refers to individuals who have received a decision mandating their return to their country of origin or a ban on entering the territory of Poland and other Schengen area countries. These individuals may also be penalized for certain types of violations. If a foreigner applies for a residence card with such status, their application will be rejected. Additionally, if a return order is issued during the application review process, the application will also be rejected.
There are also very specific but quite common grounds for refusal of a permit, which concern:
- residency status,
- grounds for stay in the country,
- purpose of entry.
For example, tourists or individuals holding certain types of humanitarian visas may not be granted a residence permit for a specific purpose. Some of these types of applications are also rejected at the formal stage.
The refusal should be considered depending on the stage of the process:
Refusal to initiate proceedings – the application for a permit was not accepted.
The review of the application has already begun and has been suspended.
Negative decision based on the results of the case review and the submitted documents.
Although the stages differ, the reasons for refusal often overlap and depend only on when they are detected. Therefore, we consider the main reasons. It is best to consult with an expert from VITWORKER to clarify the nuances related to this or another stage of the residence permit application process.