Are you planning to stay in Poland for an extended period? One of the key documents you will need to obtain is a residence permit decision. In this article, we will discuss what a residence permit decision entails, the significance of its key provisions, what a foreigner should do with it, and how long it typically takes to be issued.

What is a residence permit decision?

A residence permit decision is an official document issued by the Voivode (regional governor) that allows a foreigner to legally stay in Poland for the period specified in the decision. It is an administrative decision that determines whether a foreigner meets the requirements for obtaining a temporary residence permit.

What does a residence permit decision contain?

1. Information on the Permit Issuance: After reviewing the evidence, the Voivode issues an administrative decision granting the permit, provided there are no obstacles to its issuance. If you receive a decision granting a temporary residence and work permit, it will include, among other things:
   • Issuing authority
   • Date of issuance
   • Legal basis for the decision
   • Validity date of the decision
   • Employer (entity commissioning the work)
   • Job position
   • Work conditions: minimum wage, working hours, type of contract
   • Justification of the decision
   • INSTRUCTIONS – Check carefully what your obligations and rights are resulting from the decision. The office will specify when you need to inform them about any changes and the consequences of failing to do so.

Working in violation of these requirements can lead to legal consequences, including a decision obliging you to return to your home country.

2. Residence Card: A foreigner who has been granted a permit also receives a residence card. This document confirms the possession of a decision allowing residence in Poland. However, the most important document is the decision itself and its contents. Do not discard the document; it is essential.

What to do after receiving the residence permit decision?

1. Check Work Conditions: Ensure your employment complies with the conditions specified in the decision. If anything changes, such as the employer, position, or salary, you must report it to the relevant authorities to avoid legal issues.
2. Keep the Residence Permit Decision: The decision is your most important document confirming your right to stay. Always carry it with you and present it upon request by the relevant authorities.
3. Apply for a Residence Card After Receiving the Decision: The residence card serves as a document confirming the possession of the decision and your identity.

Decision denying the permit

The Voivode may issue a decision denying the temporary residence permit if obstacles are found. These obstacles may include, among others:

• Failure to meet formal requirements.
• Being listed in the register of foreigners whose stay is undesirable.
• Public security concerns.
• False information in the documents.
• Criminal convictions.

What to do in case of denial?

1. Appeal: You have the right to appeal the Voivode’s decision to the Head of the Office for Foreigners. This is not mandatory, but it is worth considering if you believe the decision was unfair.
2. Leave Poland: If you do not appeal the decision and have no other basis for staying in Poland. You must leave the country within 30 days from the date the decision became final. Failure to leave may result in a decision obliging you to return.

How long does it take to issue the decision?

The waiting time for a residence permit decision can vary depending on the individual circumstances of the case and the current workload of the Voivodeship offices. In practice, this process can take anywhere from a few weeks to several months. It is important to be patient and regularly check the status of your application. For temporary residence permit proceedings, the Voivode has 60 days to resolve the case. However, this period is counted from the moment a complete application is submitted, including all necessary documents and fees. If your application is incomplete or contains errors, you will be asked to supplement it, and the 60-day period will not be counted during this time.

Residence Permit – worth to know

• A foreigner must apply during their legal stay in Poland, at the latest on the last day: There are minor exceptions to this rule, but generally, the application must be submitted during a legal stay.
• The submission date is determined by the personal submission at the office or the postal stamp date: When sending the application by mail, the date of receipt by the authority is decisive, not the date of sending. The statutory operator is Poczta Polska S.A., so sending the application by courier counts from the moment it is received by the authority.
• The legality of the stay is determined based on the foreigner’s passport and documents legalizing their stay: A foreigner can stay in Poland legally based on visa-free travel, a visa, a temporary residence permit, or a residence document from another Schengen country.
• At the time of application submission, the foreigner must be on the territory of Poland: There are minor exceptions to this rule, but generally, the application must be submitted while staying in Poland.

Formal deficiencies in the application

Formal deficiencies in the application result in consequences such as leaving the application unprocessed. The authority will call for their completion within a period not shorter than 7 days, under the appropriate penalty. Formal deficiencies include:

• Incomplete fields in the application.
• Lack of signature under the statement.
• Signature sample outside the boxes.
• Application submitted on an outdated form.
• Missing or non-compliant photographs (4).
• Failure to present the passport for inspection and personal attendance (applications sent by postal operator).
• Lack of Annex No. 1 (for TR and work permit, in the case of business activity) or incomplete fields in it.
• Annex submitted on an outdated form.

Forms of submitting the application

1. In Person: If we correctly fill out the application, it will not contain any formal deficiencies (we will present the passport for inspection and submit fingerprints). On-site, we will receive a stamp confirming the application submission.
2. By Post: Such an application is automatically burdened with formal deficiencies, such as the lack of fingerprints and personal attendance. We will wait longer for the stamp in the passport, confirming the legality of the foreigner’s stay while waiting for the decision.

Summary about residence permit decision contain?

The decision granting a temporary residence and work permit is a crucial document for any foreigner planning to stay in Poland for an extended period. It not only includes the permission to stay but also specifies important employment conditions. After receiving it, you must carefully read the decision and comply with all the requirements specified. In case of denial, you have the right to appeal, but if you choose another option. Remember the deadline for leaving the country to avoid additional legal issues.

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