Poland Immigration – Citizenship and Immigration Program

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Are you a non-EU citizen wishing to work as a highly-skilled employee in Poland? You can find information below on the conditions to fulfil and procedures to follow, as well as the rights you can enjoy during your stay.

CONDITIONS

Foreigners, the purpose of whose stay on the territory of the Republic of Poland is performance of work in a profession requiring high qualifications, i.e. in the profession requiring from a foreigner completing university or having at least 5 years of professional experience at the level comparable with the level of qualifications obtained as a result of graduation from a university, necessary for performing this work.

The amount of minimum remuneration required for the purposes of granting the permit is PLN�5675,19 gross monthly.



PROCEDURES

Where and how to apply The foreigner makes the application personally, no later than on the last day of the lawful residence on the territory of the Republic of Poland to the voivode competent with regard to the foreigner’s place of residence.During making the application the foreigner is under obligation to give his/her fingerprints.
Documents required Necessary:

  1. Completed form of the application for temporary residence permit, in accordance with information;
    Note: Foreigner shall fill in the application form and annex No 2. While submitting the application foreigner shall also attached annex No 1, filled in by an entity entrusting performance of a paid activity to the foreigner (by foreigner’s employer).
  2. 4 up-to-date photographs;
  3. Photocopy of a valid travel document (original available for inspection), in particularly justified case if the foreigner does not have a valid travel document and it is not possible to obtain such document, may present another document which confirms his/her identity;
  4. Information from the poviat starost competent with regard to main place of performance of the work by the foreigner on the lack of the possibility to satisfy the employer’s staff needs based on unemployed or job-seekers registers or on negative recruitment result organized for the employer.

Note: This document is issued at the request of the entity which delegate work by District Employment Office (powiatowy urząd pracy) competent for main place of performance of the work by the foreigner. In the case of doubts whether the above information from the poviat starost is required it is advisable to contact proper voivodeship (urząd wojewódzki) organizational unit which is involved in issuing work permits for foreigners.

The document is not required if:

  1. the profession performed or entrusted work is within list of occupations and kinds of work specified by each voivode in relation to which issuing the work permit does not require taking into account the above information of the poviat starost (Article 10 (4), item 1 of the Act of 20 April 2004 on Promotion of Employment and Labour Market Institutions), or
  2. a foreigner, immediately before submitting the application had a permit for work, residence permit and work permit or a temporary stay permit in order to perform work in a profession requiring high qualifications at the same employer on the same post, or
  3. a foreigner had been already legally employed within the territory of the Republic of Poland for the period of 2 years on the basis of a temporary stay permit in order to perform work in a profession requiring high qualifications, or
  4. a foreigner meets the conditions defined in the provisions published on the basis of Article 90 passage 5 of the Act of 20 April 2004 on Promotion of Employment and Labour Market Institutions
  5. a foreigner meets the conditions of an exemption from the obligation of having a work permit, as specified in separate regulations.

Note: Lack of any of the aforementioned documents will result in margin call within 7 days from its delivery, under pain of leaving the application without examination.

Standard documents necessary for examination of the application:

Note: Documents listed below attached to the application may reduce the quantity of official correspondence and shorten the time which is necessary to handle the case.

  1. In the case of meeting the conditions of an exemption from the obligation of having a work permit – a document confirming meeting these conditions (e.g. Polish Card, diploma of graduation from full-time studies on a Polish university, diploma of completing a Polish high school);
  2. contract of employment concluded for a period of at least 1 year, tolling agreement, civil contract on the basis of which work is performed, services provides or work relation is maintained;
  3. document evidencing having university professional qualifications;
  4. document evidencing fulfilment of qualification requirements and other conditions in the case of the intention to perform work in a regulated profession;
  5. permission of the competent authority for holding a specified position, performance of a profession or conducting other operations, when the obligation of its obtaining before entering into the contract is imposed by separate regulations;

documents proving health insurance as defined by the provisions of the Act of 27 August 2004 on health care services financed from the public funds or confirmation of the insurer covering the costs of medical treatment on the territory of the Republic of Poland (e.g. appropriate certificate from the Social Insurance Institution (ZUS), insurance policy).

Duration of validity of permits The abovementioned permits are granted if the circumstances that are the basis for applying for this permit, justify the stay of a foreigner on the territory of the Republic of Poland for a period longer than 3 months.The permit is granted for a period longer by 3 months than the period of performing the work, however no longer than 3 years, with the possibility of applying for subsequent permits.
Appeals It is possible to submit a request for reconsideration of visa application to a consul or appeal a negative decision to grant you a residence permit before the Head of the Office for Foreigners. You can bring a further appeal before the administrative courts.



RIGHTS

Access to employment After obtaining this permit, a foreigner may perform work in Poland on the terms specified in this permit, without the need of having additionally a work permit. The decision will include conditions, on which a foreigner may perform the work. The residence card, issued in connection with temporary residence permit, includes a note “access to the labour market”. A foreigner should apply to the voivode competent with regard to the place of the current stay of a foreigner to change the temporary stay permit, if the foreigner intends to begin work at any other entity than specified in the permit, intends to change the position or will receive lower remuneration than specified in the permit. Change in the permit is not required in the event of change in the name or legal form of the entity delegating work performance to the foreigner, as well as in the case of acquisition of a business or its part by another entity. The foreigner should attach to the application for change in the permit the aforementioned information from the poviat starost, unless this requirement is not applicable.The validity period of the amended permit cannot exceed 3 years from the date of issuing the permit that was subject to change. A foreigner has the possibility to apply for a new temporary stay permit in order to perform work in a profession requiring high qualifications.

In the period of the first 2 years of stay of a foreigner on the territory of the Republic of Poland on the basis of this permit:

  1. the foreigner cannot commence performing the work at any other entity than specified in the permit,
  2. the foreigner cannot change the position on which they are employed,

the foreigner cannot be paid remuneration lower than specified in the permit – without changing the permit.

Long-term residence Polish law makes a distinction between a permanent residence permit and the EU long-term residence permit.Permanent residence permit

A decision on granting a permanent residence permit is issued for an indefinite period. A residence card remains valid for 10 years, which means that it should be replaced every 10 years.

A permanent residence permit issued in Poland does not entitle the foreigner to take up work in another country.

A permanent residence permit entitles the foreigner to travel to other Schengen Area countries for up to 90 days in a 180-day period for tourism purposes

More on permanent residence permit

EU long-term residence permit

The foreigner who has been staying legally and continuously on the territory of the Republic of Poland staying for at least 5 years directly prior to submission of the application for granting this permits and meets the following conditions:

1. has a source of stable and regular income adequate to cover the means of subsistence for them and their family members who are subsisted by them;

2. has health insurance as defined by the Act of 27 August 2004 on health care services financed from the public funds or a certificate confirming that the costs of medical treatment on the territory of the Republic of Poland shall be covered by an insurer.

The permit is granted for indefinite time.

Note for important exceptions:

1.In the case of mobile holders of the so-called EU Blue Card: The required 5-year period of residence on the territory of Poland, shall include the total period of legal residence on the territory of the European Union, if the foreigner was staying legally and continuously at this territory for at least 5 years on the basis of the residence document with an annotation ” EU Blue Card ” issued by a Member State of the European Union, including Poland – for at least 2 years directly prior to submission of the application for granting the permit for stay of a long-term resident of EU on the basis of a permit for temporary residence for the purpose of work in profession requiring high qualifications.

2.In the case of foreigners who stay for the purpose of studies or continue their legal residence in Poland after completing these studies: foreigners who stay in Poland for the purpose of studies not may apply for a residence permit for EU long-term resident. Foreigners residing in Poland due to their intention to take up or continue education also cannot apply for this permit. The 5-year period of residence, determining obtaining of the aforementioned permit shall include half of the period of stay on the basis of a visa issued for the purpose of study programs or on the basis of a residence permit for the purpose of receiving higher education.

More on EU long-term residence permit

 



 

Online VISA Registration Link:

Online Portal

APPLY TO BE RECOGNISED AS A POLISH CITIZEN

HOW TO PROCEED

At the office or by mail.

WHO IS IT FOR?

A foreign national who meets at least one of the following conditions:

  1. criterion:
    • has resided legally in Poland for a continuous period of at least 3 years on the basis of a permanent residence permit, an EU long-term residence permit or the right of permanent residence,
    • has a stable and regular source of income in Poland,
    • has the right to occupy a dwelling unit,
  2. criterion:
    • has resided legally in Poland for a continuous period of at least 2 years on the basis of a permanent residence permit, an EU long-term residence permit or the right of permanent residence,
    • has been married to a Polish citizen for at least 3 years or has no citizenship,
  3. criterion:
    • has resided legally in Poland for a continuous period of at least 2 years on the basis of a residence permit as a refuge which has been granted in Poland,
  4. criterion:
    • is under 18 years old,
    • has resided legally in Poland on the basis of a permanent residence permit, an EU long-term residence permit or the right of permanent residence,
    • one of their parents has Polish citizenship,
    • the other parent has consented to their child being granted Polish citizenship,
  5. criterion:
    • is under 18 years old,
    • has resided legally in Poland on the basis of a permanent residence permit, an EU long-term residence permit or the right of permanent residence,
    • at least one of their parents had their Polish citizenship restored,
    • the other parent who does not have Polish citizenship has consented to their child being legally recognised as a Polish citizen,
  6. criterion:
    • has resided legally in Poland for a continuous period of at least 10 years;
    • has a permanent residence permit, an EU long-term residence permit or the right of permanent residence,
    • has a stable and regular source of income and the right to occupy a dwelling unit in Poland;
  7. criterion:
    • has resided legally in Poland for a continuous period of at least 1 year;
    • Has a permanent residence permit obtained on the ground of Polish origin or in connection with their status as a holder of the Polish Card (Karta Polaka).

Remember! In order to be legally recognised as a Polish citizen, you need to have a Polish language qualification of level B1 – you need an official confirmation. Information on how to obtain such a certificate can be found here.

Remember! The province governor may refuse to recognise you as Polish citizen, if such recognition would pose a threat to national defence or public security, internal security and public order



WHEN TO APPLY

At any time.

WHAT TO DO

  1. Collect all the necessary documents. For details, see ‘What to prepare’.
  2. Pay the stamp duty. For details, see ‘How much to pay’.
  3. Submit your application to the province governor. For details, see ‘Where to apply’.
  4. Wait for a reply. For details, see ‘How long you will wait’.

WHERE TO APPLY

You can submit your application or send it by post to the province governor – depending on where you reside. For example, if you live in Opolskie Province, apply to the governor of Opolskie Province.

HOW MUCH YOU WILL PAY

PLN 219 for issuing the decision. You will find the account number on the website of the provincial office.

WHAT TO PREPARE

  • Application for recognition as a Polish citizen,
  • translation of foreign documents into Polish – if you are attaching foreign-language documents to the application; such translation must be made by a sworn translator or the Polish consul,
  • declaration of consent by the other parent to your children under 18 being granted Polish citizenship – if only one of the parents is applying for citizenship.

HOW LONG YOU WILL WAIT

Up to 2 months.



HOW TO APPEAL

If you disagree with the province governor’s decision, you can lodge an appeal with the Minister for Interior and Administration (Ministerstwo Spraw Wewnętrznych i Administracji, MSWiA).

The address is stated below:

Ministerstwo Spraw Wewnętrznych i Administracji ul. Stefana Batorego 5, 02-591 Warszawa.

You must appeal in writing within 14 days after receiving the decision. You can submit the appeal in person at the office or by post.

If you also disagree with the MSWiA decision, you can appeal against it to a competent administrative court within 30 days after being issued with the MSWiA decision. You must also submit a letter of complaint to MSWiA.

 

GOOD TO KNOW

Recognition as a Polish citizen and citizenship for children – if you are recognized as a Polish citizen, your children who are under 18 years of age will also receive Polish citizenship.
If the child is over 16, they must consent to being granted Polish citizenship. They must do it in person in the presence of an employee from the provincial office or the consul.

APPLICATION FORM

model_application_for_being_acknowledged_as_a_polish_citizen_PL



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