When does irregular residence start?
If there are no grounds to revoke a visa or a temporary residence permit, then residence in Poland will be legal:
|Type of document||Deadline|
If you hold a vise
until the last day of residence allowed for in a visa but before the visa expiration date;
If you hold a temporary residence permit
|until the permint expiration date|
1. If a body refused:
2. If, on the basis of a decision, a body has revoked your temporary residence permit, your permanent residence permit or your long term resident’s EU residence permit,
3. If a body refused to grant you a refugee status or subsidiary protection,
4. If a body issued a decision on discontinuing the proceedings regarding granting a refugee status,
5. If a body issued a decision on depriving you of a refugee status or subsidiary protection,
6. If a consent to stay for humanitarian reasons was revoked
You are obligated to leave the territory of the Republic of Poland within 30 days as from the day on which the decision becomes final and non appealable and, if a decision is issued by a body of higher instance, as from the day on which the final and non appealable decision was served to a foreigner (within the period referred to above your residence in the territory of the Republic of Poland is legal).
Persons in Poland who are subject to visa-free traveling regulations are entitled to stay in the territory of the Republic of Poland for up to 90 days (that period pertains to the period of 180 days total the said person is allowed to stay in the Schengen Area starting on the day of the first entry in the Schengen Area).
If you submit an application for a temporary residence permit during legal residence, then, by the time you receive a final and non-appealable decision, your residence in Poland will be legal, provided however that you have remedied all formal shortcomings within 7 days (submission of the application will be certified with a stamp affixed in your passport). A formal shortcoming means failure to meet the conditions or failure to provide documents necessary to initiate the procedure. Depending on a type of proceedings different documents have to be provided. However, the following are necessary in any type of proceedings:
Zestaw tych dokumentów zależy od postępowania, ale w przypadku każdego postępowania są to:
- personal appearance,
- allowing an authority to collect your fingerprints,
- 4 photos,
- 3 application forms,
- 2 photocopies of your valid passport.
Furthermore, if you are allowed to legally perform your work, you can work legally while waiting for a decision to be issued.
If an application for a temporary residence permit is filed by a foreigner in due time and if the application contains no formal shortcomings or if formal shortcomings are remedied in due time, then foreigner’s residence in the territory of the Republic of Poland is legal as from the day of filing the application until the day on which a decision on granting a temporary residence permit is final and non appealable.
Ahmed filed an application for a temporary residence permit and work permit on the last day of his legal residence but his employer failed to provide an opinion of starosta (head of an administrative county district). Ahmed was requested to supplement the application within 7 days, but unfortunately a labor market test was not delivered within that time. The head of the province decided not to cognize the application submitted by Ahmed. It was too late to file another application.