The obligation to be registered as a tenant
The obligation to be registered as a tenant applies to both Poles and foreigners.
The obligation to be registered as a tenant consists in informing the state administration about one’s place of stay (temporary or permanent). Such registration is for record purposes only and it does not grant any rights to the flat in which one is registered.
Permanent residence Residing in a specified locality at a specific address with the intent of permanent stay. |
Temporary residence Residing, without the intent to change one’s place of permanent residence, in a different locality or in the same locality but at a different address |
When registering for temporary residence one must specify the declared period of stay in such a place. It cannot exceed the period for which a foreigner is allowed to remain in Poland legally in accordance with the document held. At the same time the registration for temporary residence cannot be made for a period longer than indicated in the flat tenancy agreement. One may simultaneously have only one registration of permanent residence and one registration of temporary residence. Not all foreigners may register for permanent residence.
What is needed to become registered as a tenant? |
Foreigner who is a citizen of a EU member state, a citizen of a EFTA member state (a party to the agreement on the European Economic Area or the Swiss Confederation) |
Family member of a foreigner who is a citizen of a EU member state, a citizen of a EFTA member state (a party to the agreement on the European Economic Area or the Swiss Confederation) |
Foreigner |
+ travel document + | |||
Documents required to register a foreigner for permanent residence The registration must be made in the presence of the flat owner who must an identity document and bear the relevant legal title to the flat in which the foreigner is staying. |
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Documents required to register a foreigner for temporary residence As above, or: |
As above, or:
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As above, or:
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As above, or:
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Deadline for registering |
Obligated to become registered in the place of permanent or temporary residence on the 30th day at the latest, counting from the date of arriving at this place.. |
Obligated to become registered on the fourth day at the latest, counting from the date of arrival. Foreigners are released from the obligation to become registered if their stay on the territory of the Republic of Poland does not exceed 14 days. |
When staying at a rented flat, it is the tenant and not the lessor that has to observe the deadlines and the formal requirements associated with his or her registration in the flat in question.
Matters related to the registration are resolved during a single visit to the office. One needn’t file a change of address to be able to register at the new address.
All actions related to the change of address will be carried out at the office in which one is filing for registration.
Registration is in the foreigner’s best interest, because he or she may present the registration as a document corroborating the fact that he or she has a place of residence in Poland during the proceedings concerning the legalisation of his or her residence in Poland.
In order to become registered the foreigner will require a confirmation that he or she is actually staying at the given address. Such confirmation is made by the entity holding the legal title to the flat. If the foreigner has such a title (e.g. a tenancy agreement), then he or she may confirm the fact of staying at the given address personally (it is sufficient to obtain registration for temporary stay). To become registered for permanent residence the presence of the party leasing out the flat will be required and a document confirming the owner’s or entity’s legal title to the flat must be presented for inspection. Appropriate documents include, for example, a copy from the land and mortgage register, an administrative decision or a court ruling.
Registration needn’t be made in person. It can be done through an attorney. In such a case the power of attorney must be presented and a stamp duty in the amount of PLN 17 must be paid. Powers of attorney granted to spouses, ascendants, descendants, or siblings are exempt from the stamp duty.
The registration procedure is completed by issuing a certificate of registration for permanent or temporary residence. Both certificates remain valid until the place of residence is changed, but the certificate of temporary residence remains valid only until the date on which the registration expires.
In order to become registered one must:
1. Complete in Polish the relevant application form (application for temporary residence or application for permanent residence) that can be obtained at the commune office (urząd gminy).
Aside from the fields that need to be filled in by the person submitting the application, the form also contains sections under which the flat owner or another entity with the legal title to the flat should place their signature. The above-mentioned party states in the declaration that the person submitting the application actually stays at the address entered on the form. If the person submitting the application has a legal title to the flat then he or she places his or her own signature under the above-mentioned declaration.
Note! A separate form must be filed for each person registered (this includes children).
2.Hold a valid identity document, as well as other documents that must be presented for inspect