Publication date: 23.12.2024
It is impossible to obtain a residence card without a reason in Poland, as the country's legislation clearly regulates the requirements for issuing residence permits. In each case, a specific reason is required to obtain a residence card, which complies with the Law on Foreigners. The reasons depend on the type of residence card you want to obtain.
Grounds for obtaining a residence card:
Temporary residence card (Karta czasowego pobytu): issued for a period of up to 3 years if the following reasons are present:
- Work: having a work permit or employment contract.
- Education: admission to a Polish university or other educational institution.
- Family circumstances: marriage to a Polish citizen or another person who has a residence permit.
Business: business registration and confirmation of its activity.
Scientific activity: participation in research programs.- Other reasons: humanitarian reasons, volunteering, etc.
Permanent Residence Card (Karta stałego pobytu): issued for a period of 10 years if:
- You are of Polish origin or a Pole's Card.
- You have resided in Poland for 5 years continuously on the basis of another permit.
- You have been married to a Polish citizen for at least 3 years and have resided in Poland for 2 years.
- You have been granted refugee status or subsidiary protection.
EU long-term residence permit: issued after 5 years of legal continuous residence in Poland, provided that you have a stable income and health insurance.
Question
Why can't you get a residence card without a reason?
Answer
Poland is part of the EU, and its immigration policy is based on strict compliance with the law. The lack of a clear reason may be considered a violation of migration rules, leading to a refusal to issue a residence card and possible legal consequences, such as deportation or a ban on entry.
What to do if there is no reason?
Get a job.
Start studying in Poland.
Register a business.
Consider obtaining a Pole's Card (if you are of Polish origin).
A lawyer can help find an individual solution depending on your situation, such as preparing documents for a work permit, drawing up a lease agreement to confirm your place of residence, moving to Poland. Finding a study program or job that meets the requirements. In rare cases, it is possible to obtain a residence card for humanitarian reasons, for example, if your return to your country of origin poses a danger.
Question
How can a lawyer from the “Consultant” service help?
Answer
Situation assessment: a lawyer will help determine whether you have possible grounds for submitting documents. Document preparation: preparing an application, contracts and additional evidence. Representation: protecting your rights in case of refusal or problems with the government.
A temporary residence permit (Karta czasowego pobytu) in Poland is required if you plan to stay in the country for more than 3 months for legal reasons, such as work, study, business, family circumstances, etc. This document is usually issued when you are already in Poland and want to extend your stay after the expiration of your visa or other permit.
Question
When do you need to apply for a temporary residence permit?
Answer
Before the expiry of your visa or other residence permit: if you are in Poland on the basis of a visa or visa-free stay, you must apply for a temporary residence card before the expiry of your permitted period of stay. Since the application process can take several months, it is mandatory to apply before the expiry of your visa. Before the expiry of your legal stay in Poland: if you are already in Poland and your legal stay (e.g. on a visa or other permit) is about to expire, you need to apply for a temporary residence card in order to extend your stay.
Procedure for applying for a temporary residence permit:
- Documents: to apply, you will need to collect certain documents, depending on your reason (e.g. an employment contract, a university certificate, a document on renting an apartment).
- Place of application: you need to apply at the Provincial Office or at the Regional Department for Foreigners.
- Application deadline: Applications must be submitted no later than 45 days before the expiry of your current visa or residence permit. Your application may take 1 to 3 months to process, depending on the circumstances and the type of ground. Once approved, you will receive a residence card for up to 3 years, depending on the type of your application.
Grounds for refusal:
- If you applied after the expiration of your visa or residence permit.
- If the documents do not meet the requirements or do not confirm your reason for moving to Poland.
- If your presence in Poland is illegal (for example, you are staying without a residence permit or have overstayed the permitted period).
Apply for a temporary residence card in advance to avoid violating migration rules and to apply for permanent residence in Poland. For assistance in applying for a card or advice on your situation, you can contact a lawyer or migration consultant.
A lawyer can help in several important aspects:
- Analysis of the situation and search for possible grounds: a lawyer will help you assess your situation and find possible ways to apply for a residence permit in Poland, even if you do not have an obvious reason.
- Drawing up documents and submitting an application: if you have an unusual situation, a lawyer will help you properly prepare an application and collect all the necessary documents for submission to the Urząd Wojewódzki.
- Protecting your rights when a residence card is refused: If you are refused a residence card, a lawyer can help you challenge the refusal by filing an appeal or submitting other documents to rectify the situation.
- Finding alternative options for legal residence: If your main grounds for obtaining a residence card are insufficient, a lawyer can help you find alternative ways to legalize your stay in Poland, for example, through other programs or visas.
- Consultations on visa or humanitarian programs: if you do not have grounds for a residence card, a lawyer can help with other forms of residence, such as visas or applying for refugee status and migration to Poland, departure for permanent residence in Poland.
There is no direct way to obtain a residence card without grounds, but you can use options that provide for legalization of stay on humanitarian grounds, family circumstances or business. If your situation is not quite standard, a lawyer can find ways to help. If you want to learn more about specific opportunities for your situation, the legal service “Consultant” can help you find a specialist for consultation.
