Questions
1Residence card vs visa
I came from Vietnam and I have a D-type national visa. It is valid for one year, until December 2022. Can I obtain a residence card on this basis and stay in Poland after the expiry date of the visa?
First of all, you need to distinguish clearly between a visa and a residence card. While the visa is most often issued by the Poland’s consulate in the foreigner's country of origin, the residence card is issued already in Poland by the competent voivode. So you received the visa while still in Vietnam and on this basis you could have entered Poland. You must leave its territory on the last day of the visa validity at the latest or submit an application for temporary residence in Poland on that day at the latest.
This application must be submitted to the competent Voivodship Office. You must justify your will to stay in Poland and the procedure will differ depending on whether the reason for staying is work, study, family or other issues. You will receive a residence card - the document confirming the legality of staying in Poland - only after obtaining a residence permit.
First of all, you need to distinguish clearly between a visa and a residence card. While the visa is most often issued by the Poland’s consulate in the foreigner's country of origin, the residence card is issued already in Poland by the competent voivode. So you received the visa while still in Vietnam and on this basis you could have entered Poland. You must leave its territory on the last day of the visa validity at the latest or submit an application for temporary residence in Poland on that day at the latest.
This application must be submitted to the competent Voivodship Office. You must justify your will to stay in Poland and the procedure will differ depending on whether the reason for staying is work, study, family or other issues. You will receive a residence card - the document confirming the legality of staying in Poland - only after obtaining a residence permit.
2Work permit and what next?
I’m from Turkey and I came to Poland on a D-type national visa in order to work (code 06). The visa was issued for 6 months but the employer already says that he wants to hire me for longer. What should I do now? Is it possible at all?
Yes, it is possible but you must submit an application for a temporary residence and work permit to the competent voivodeship office no later than on the day your visa expires. Please also note that having a work permit is not synonymous with legal stay! In other words, a foreigner who wants to work legally in Poland must have a valid (a) work permit, (b) the legal basis for stay, i.e. a visa that you already have. However, if you would like to stay in Poland after your visa has expired, you must legalize your stay again. You can do it exactly by submitting an application for the temporary residence and work permit no later than on the day your visa expires.
Yes, it is possible but you must submit an application for a temporary residence and work permit to the competent voivodeship office no later than on the day your visa expires. Please also note that having a work permit is not synonymous with legal stay! In other words, a foreigner who wants to work legally in Poland must have a valid (a) work permit, (b) the legal basis for stay, i.e. a visa that you already have. However, if you would like to stay in Poland after your visa has expired, you must legalize your stay again. You can do it exactly by submitting an application for the temporary residence and work permit no later than on the day your visa expires.
3A foreigner in the maze of offices
Could I ask for a brief explanation of which offices and institutions in Poland deal with matters important to foreigners? I can't figure out what kind of cases and issues are being dealt by which office. I came from Belarus and I’m going to stay in Poland for longer.
Unfortunately, in Poland’s legal order there is no single office specialized in all matters relating to foreigners. In short, it can be said that foreigners deal with their affairs similarly to Polish citizens, e.g. tax matters are being proceeded in revenue offices, employment matters in the Social Insurance Institution, housing matters in local administration offices (district/powiat, commune/gmina) etc. However, there are several types of offices that are particularly important for foreigners:
Office for Foreigners – a central office reporting directly to the Ministry of the Interior and Administration and contrary to appearances, most foreigners never deal with it. It is responsible for examining appeals against decisions on stay and work, granting refugee status, asylum and tolerated stay, determining the rules of foreigners' passage through the territory of Poland and many others. The average foreigner in Poland will have to deal with the office only in case of receiving a negative decision on residence or employment.
Voivodship Office - there are 16 Voivodship Offices in Poland, one for each voivodeship. In each of them there is a unit called Department of Foreigners (or similar) and it is exactly where foreigners deal with most of their life matters: personal visits for submitting a proper application for stay and work, collecting the ready documents of legalization, applications for Card of Pole, starting the application procedure for citizenship etc. Such a wide range of activity of these departments makes them very crowded so that booking of visit often requires professional support.
Commune/Municipality Office – a local office in the commune or city where we live. From the foreigner's point of view, the most important thing is that it is here where you can get confirmation of registration of residence and many other matters from everyday life like garbage collection rules, service charges etc.
Registry Office – it is an organizational unit of the commune/municipality office which means that it is located in every town with the status of a commune. It is here that you can obtain civil status certificates, such as birth, marriage and death certificates, as well as register foreign documents of this type. Here you can change your name, surname, get married, recognize a child etc.
Department of Civil Affairs – it is also an organizational unit of the commune/municipality office where you apply among others in order to obtain PESEL number, to register for permanent and temporary residence, for car registration and many others.
Unfortunately, in Poland’s legal order there is no single office specialized in all matters relating to foreigners. In short, it can be said that foreigners deal with their affairs similarly to Polish citizens, e.g. tax matters are being proceeded in revenue offices, employment matters in the Social Insurance Institution, housing matters in local administration offices (district/powiat, commune/gmina) etc. However, there are several types of offices that are particularly important for foreigners:
Office for Foreigners – a central office reporting directly to the Ministry of the Interior and Administration and contrary to appearances, most foreigners never deal with it. It is responsible for examining appeals against decisions on stay and work, granting refugee status, asylum and tolerated stay, determining the rules of foreigners' passage through the territory of Poland and many others. The average foreigner in Poland will have to deal with the office only in case of receiving a negative decision on residence or employment.
Voivodship Office - there are 16 Voivodship Offices in Poland, one for each voivodeship. In each of them there is a unit called Department of Foreigners (or similar) and it is exactly where foreigners deal with most of their life matters: personal visits for submitting a proper application for stay and work, collecting the ready documents of legalization, applications for Card of Pole, starting the application procedure for citizenship etc. Such a wide range of activity of these departments makes them very crowded so that booking of visit often requires professional support.
Commune/Municipality Office – a local office in the commune or city where we live. From the foreigner's point of view, the most important thing is that it is here where you can get confirmation of registration of residence and many other matters from everyday life like garbage collection rules, service charges etc.
Registry Office – it is an organizational unit of the commune/municipality office which means that it is located in every town with the status of a commune. It is here that you can obtain civil status certificates, such as birth, marriage and death certificates, as well as register foreign documents of this type. Here you can change your name, surname, get married, recognize a child etc.
Department of Civil Affairs – it is also an organizational unit of the commune/municipality office where you apply among others in order to obtain PESEL number, to register for permanent and temporary residence, for car registration and many others.
4Stay and work – basic formalities (residence permit, work permit, residence and work permit (so-called uniform permit – zezwolenie jednolite))
Could I ask for information what documents are required for Bangladesh citizen who wants to work and live in Poland?
The list of documents to be submitted with an application for a residence, work or residence and work permit is not closed what means that the official can always ask for a non-standard document to be provided if it is required in this specific situation. However, a certain basic list of documents that must be presented in every situation may be indicated:
The list of documents to be submitted with an application for a residence, work or residence and work permit is not closed what means that the official can always ask for a non-standard document to be provided if it is required in this specific situation. However, a certain basic list of documents that must be presented in every situation may be indicated:
- completed application for relevant permit,
- four photos,
- a photocopy of a valid travel document,
- stamp duty.