Range of activities
KANCELARIA ADWOKACKA MACIEJ BARTNIK
ul. Kotlarska 6/3
31-539 Kraków

 

 
tel. kom.  +(48)  608 011 931
   
e-mail bartnik@krakow-adwokat.pl

 

 

Immigration law

Foreigners applying for a permission may act by a proxy. We can help you.

 

1. Temporary residence permit - temporary residence card

 

A foreigner (that doesn’t have a valid visa or a residence permit) willing to stay in Poland longer than three months has to apply for a temporary residence permit which is issued for the period of maximum three years. One should then present the circumstances justifying her or his stay of at least 3 months in Poland (such as: seeking employment, staying with family, studying, running a company).

In order to get a temporary residence permit a foreigner should provide a proof of health insurance, livelihood and place of residence.

In order to get a temporary residence permit and a work permit a foreigner should also provide
a contract of employment, an attestation of paying taxes on time and a tax return.

An application should be made in person, at least during the last day of the legal stay in Poland. 

A foreigner obtains then a residence card, confirming his or her identity which, along with
a travel document, enables to passing border repeatedly without having to obtain a visa. This procedure is however limited only to the Schengen zone countries.

All the issues related to legalization of foreigners’ stay on the territory of the Republic of Poland can be settled in the Foreigners’ Affairs Unit of Provincial Office in the province where a foreigner resides.

We can help you with

  •     Temporary residence and work permit
  •     Temporary residence permit issued for the purpose of employment of high-skilled workers (so-called Blue Card)
  •     Temporary residence permit issued for the purpose of performing work by a foreigner delegated to the territory of the Republic of Poland by a foreign employer
  •     Temporary residence permit issued for the purpose of conducting business activity
  •     Temporary residence permit for the purpose of undertaking higher education
  •     Temporary residence permit issued for the purpose of conducting scientific research
  •     Temporary residence permit for family members of foreigners
  •     Temporary residence permit for family members of Polish citizens
  •     Stay in Poland of foreigners who are victims of human trafficking
  •     Residence permit in Poland in the case of other circumstances

 

2. Permanent residence permit - residence card

 

A foreigner that stays legally in Poland has a right to apply for a permanent residence permit. There are two kinds of a permanent residence permit:
- permanent residence permit
- European Union long-term residence permit.

For a European Union long-term residence permit can apply a foreigner that:
- stays in Poland legally and continuously for at least 5 years before submitting the application.
- has a source of stable and regular income sufficient to pay cost of living and support own family members (in case they are his or her dependants)  
- has a health insurance
- has a legal title to residential premises

A residence card is valid for 5 years, which means that it should be renewed every 5 years.
A European Union long-term residence permit entitles to  travel to other Schengen zone countries each six months for 3 months  for tourists purposes.

A permanent residence permit could be obtained by a foreigner that:

- is a minor of a foreigner who has a permanent residence permit in Poland or a long-tern EU resident permit, remaining in the parental custody of the foreigner
- is a child of a Polish citizen in parental custody of the citizen,
- is a person of Polish origin and settle down in Poland for good
- has been married to a Polish citizen in a marriage recognized by Polish law for at least 3 years prior to filing the application for a permanent residence permit and has stayed in Poland without interruption immediately before filing the application for at least 2 years 
- has Pole’s card and settle down in Poland for good
- has been granted asylum in Poland
- is a victim of human trafficking and:
a) lived in Poland immediately before filing the application for a period of at least 1 year
b) has co-operated with law enforcement organs in criminal proceedings;
c) has justified concerns regarding the return to the country of origin - has stayed in Poland uninterruptedly immediately before filing an application for a permanent residence permit for at least 5 years pursuant to refugee status, subsidiary protection or consent for stay issued due to humanitarian reasons,

A permanent residence permit is issued for a lifetime, however a permanent resident’s card is valid for 10 years, which means that it should be renewed every 10 years.

A permanent residence permit issued in Poland entitles a foreigner only to work in Poland. However, it entitles to travel to other Schengen zone countries each 180 days for 90 days.

3. Polish Citizenship

 

A minor could acquire Polish citizenship if:
- at least one of the parents holds Polish nationality at the moment of the child’s birth, or
- he or she was born on the territory of the Republic of Poland and his or her parents are unknown, hold no citizenship or their nationality is undefined.
A child acquires Polish citizenship if he or she is found in the territory of the Republic of Poland and his or her parents are unknown.

A Polish citizenship is granted by a President of the Republic of Poland who isn’t restricted by any conditions to grant a foreigner Polish citizenship. A foreigner living legally in Poland could submit an application to the President.

A foreigner could be recognized as a Polish citizen. An application could be submitted in
a local provincial office. In order to be recognized, a foreigner has to speak Polish fluently and have a valid certificate which confirms it.


A foreigner may be recognized as a Polish citizen when:

  • - lived in Poland for the last 3 years as a permanent resident, has a stable and regular source of income and own or rent an apartment or house
  • - lived in Poland for the last 2 years as a permanent resident and has been married to
  • a Polish citizen for the last 3 years
  • - lived legally in Poland for the last 10 years, has a permanent resident status, has a stable and regular source of income and own or rent an apartment or house
  • - a minor foreigner with one parent who is a Polish citizen residing in Poland on the basis of
  • a permanent residence permit or a long-term EU resident permit, under the condition that the other parent who does not hold Polish citizenship has agreed to this recognition
  • - a minor foreigner with at least one parent whose Polish citizenship has been restored, if the minor resides in Poland on the basis of a permanent residence permit or a long-term EU resident permit and the other parent who does not have Polish citizenship has agreed to this recognition
  • - lived in Poland for the last 2 years as a permanent resident, and does not hold any citizenship