The scope of services includes in particular:
legalization of residence of foreigners by obtaining a permanent residence permit, temporary residence, residence for humanitarian reasons, tolerated stay, residence of a long-term resident of the European Community, as well as issuance of a residence card,
assistance in obtaining refugee status,
assistance in obtaining Polish citizenship,
issues concerning the return procedure,
counselling on establishing and conducting business activity in the territory of the Republic of Poland, including drafting contracts,
issues related to obtaining a work permit,
providing legal advice.
As part of our services we provide:
representation in proceedings before public administration authorities - including the Governor, the Office for Foreigners, the Head of Foreigners' Affairs, the Commander of the Border Guard Post - in proceedings before administrative courts and common courts, also in appeal proceedings,
drafting and submitting the relevant applications, documentation and pleadings necessary to effectively obtain the relevant permits.
2. POINT 1. PERMANENT RESIDENCE
A permanent residence permit shall be granted to a foreigner for an indefinite period of time, upon his/her application, if:
is a child of a foreigner who has been granted a permanent residence permit or a long-term resident's EU residence permit remaining under his/her parental authority:
born after a permanent residence permit or an EU long-term resident's residence permit was granted to that foreigner, or
born during the period of validity of a temporary residence permit granted to that foreigner or during the period of that foreigner's residence on the territory of the Republic of Poland on the basis of a residence permit for humanitarian reasons or a permit for tolerated stay or in connection with the granting of refugee status or subsidiary protection, or,is a child of a Polish citizen remaining under his/her parental authority, or
is a person of Polish origin and intends to settle permanently on the territory of the Republic of Poland, or
is married, as recognised by the law of the Republic of Poland, to a Polish citizen and remained in that marriage for at least 3 years before the day on which he/she applied for a permanent residence permit, and immediately before submitting the application he/she resided continuously on the territory of the Republic of Poland for at least 2 years on the basis of a temporary residence permit granted in relation to his/her marriage to that Polish citizen or in relation to the acquisition of refugee status, subsidiary protection or a humanitarian residence permit, or
a residence permit for humanitarian reasons, or,
is a victim of trafficking in human beings within the meaning of Article 115 § 22 of the Penal Code and:
resided on the territory of the Republic of Poland immediately prior to the submission of an application for a permanent residence permit for a period of not less than 1 year on the basis of a temporary residence permit for victims of trafficking in human beings,
has cooperated with law enforcement authorities in criminal proceedings for an offence referred to in Article 189a § 1 of the Penal Code,
has a well-founded fear of returning to his or her country of origin, orimmediately prior to the submission of his/her application for a permanent residence permit,
has continuously resided on the territory of the Republic of Poland for a period of no less than:
5 years on the basis of being granted refugee status, subsidiary protection or on the basis of a residence permit for humanitarian reasons, or
10 years on the basis of a tolerated stay permit granted pursuant to Article 351(1) or (3), or
4 years on the basis of a temporary residence and work permit granted for a purpose referred to in Article 114(1a), and has a source of stable and regular income sufficient to cover his/her subsistence expenses and the subsistence expenses of his/her dependent family members, or
he/she has been granted asylum on the territory of the Republic of Poland, or
has a valid Card of the Pole and intends to settle permanently in the territory of the Republic of Poland.
The scope of our Law Firm's activity includes carrying out for our clients the entire procedure for legalising a foreigner's stay in Poland.
The scope of our services includes preparation of an appropriate application for issuance of a decision permitting permanent residence in Poland and issuance of a residence card, as well as representation of clients at the voivodship office.
The process of legalisation of stay ends with the issuance of an appropriate administrative decision by the voivod and collection of a permanent residence card for the foreigner.
The consequence of issuing a permanent residence permit for a foreigner is the possibility of legal work in Poland and the possibility to travel to other Schengen countries.
The permanent residence permit in Poland is valid for an indefinite period of time for a foreigner, however the requirement to periodically replace the permanent residence card - every 10 years - should be remembered. Together with a valid passport, the residence card in Poland confirms the identity of the foreigner and his/her legal stay in Poland and enables free crossing of the border of the Polish state, as well as travelling in other Schengen countries without the need to obtain a visa. If the residence card for a foreigner is destroyed or the data in it is changed, an application for a new card should be submitted within 14 days after the reasons for its replacement arise. It should be noted that although the validity of a permanent residence permit is not subject to any time limit, it may be revoked if there are statutory grounds for such a decision.
The permanent residence card makes it possible to take up employment without an additional permit and facilitates any actions before the Polish authorities; it is also a pass to pursue higher education at Polish universities.
POINT 2. TEMPORARY RESIDENCE
The Office, on behalf of its clients, carries out all the activities necessary to legalise a foreigner's temporary stay in Poland - including the preparation and submission of an application together with the necessary documentation - and also represents the foreigner in the proceedings before the competent authority. The temporary residence card is issued to the Office's client after the relevant administrative decision of the voivod is issued.
A temporary residence card may be issued due to specific circumstances: due to respect for the right to family life and respect for the rights of the child,
for reasons of employment, including highly qualified employment,
for the purpose of carrying out an economic activity,
may be granted to persons pursuing higher education, scientific research or vocational training,
is granted to persons married to a Polish citizen or wishing to reunite with their family,
due to another reason justifying their stay in Poland for more than 3 months.
Based on our extensive experience, we assist in obtaining the following types of permits:
permanent residence permit,
temporary residence permit,
the temporary residence and work permit,
work permit.
Temporary residence card in Poland
The temporary residence card in Poland entitles to legal stay and movement within the territorial borders of the Republic of Poland. The temporary residence card does not always allow a foreigner to start working in Poland. A foreigner may apply separately for a work permit for a foreigner, but it is also possible to apply for a residence permit and a work permit together.
Also employers can ask the Office for assistance in obtaining for their employee a work permit for foreigners and a document such as a temporary residence card for foreigners. A work permit for a foreigner is issued by the provincial governor.
Temporary residence permit
On the basis of the regulations of the Act on foreigners, a temporary residence permit in Poland may be obtained by a foreigner if all the requirements stipulated by the law with regard to the declared purpose of stay are met, and the circumstances which constitute the basis for applying for this permit justify the foreigner's stay on the territory of Poland for a period longer than 3 months. A temporary residence permit is granted for a period not exceeding 3 years. The Act on foreigners regulates the legal grounds (purpose of stay) for a foreigner's application for a temporary residence permit on the territory of the Republic of Poland (temporary residence card), which include, inter alia, residence for the purpose of seeking employment, performance of work, taking up studies or family reunion.
POINT 3. RESIDENCE FOR HUMANITARIAN REASONS
A foreigner shall be granted a permit to stay on humanitarian grounds on the territory of the Republic of Poland if an obligation to return:
can only take place to a country where, within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms, done at Rome on 4 November 1950:
his right to life, liberty and security of person would be threatened or
he or she would be subjected to torture or to inhuman or degrading treatment or punishment, or
could be forced to work, or
could be deprived of his or her right to a fair trial or be punished without legal basis, or
would violate his or her right to family or private life, as defined in the Convention for the Protection of Human Rights and Fundamental Freedoms, done at Rome on 4 November 1950, or
would violate the rights of the child, as set out in the Convention on the Rights of the Child, adopted by the United Nations General Assembly on 20 November 1989, to an extent that would significantly endanger the child's psychophysical development.
It is within the scope of the Law Firm's services to carry out all actions necessary to obtain a humanitarian residence permit, including, inter alia, contacting all state offices, preparing the required documentation, filing relevant applications and legal letters.
POINT 4. TOLERATED STAY
In order to obtain a permit for tolerated stay, the foreigner must demonstrate that an obligation to return
can only be made to a country where, within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms, done at Rome on 4 November 1950:
his right to life, liberty and security of person would be threatened or
he or she would be subjected to torture or to inhuman or degrading treatment or punishment, or
he or she could be forced to work, or
could be deprived of their right to a fair trial or be punished without legal basis,
is unenforceable for reasons beyond the control of the authority competent for the forced execution of the decision on the alien's return and the alien, or
can only be taken to a country to which his/her surrender is inadmissible pursuant to a court decision or due to a decision of the Minister of Justice on the refusal to surrender the foreigner.
The scope of the Office's services includes performance of all activities necessary to obtain a permit for tolerated stay, which includes, inter alia, contacting all state offices, preparing the required documentation, filing relevant applications and legal letters.
POINT 5. LONG-TERM RESIDENT OF THE EUROPEAN UNION
A permit shall be granted to a foreigner if he/she resides in the territory of the Republic of Poland legally and continuously for at least 5 years and fulfils the following conditions jointly:
has a source of stable and regular income sufficient to cover his/her subsistence expenses and the subsistence expenses of his/her dependent family members for a period of at least 3 years of residence in Poland immediately prior to submitting the application,
he/she has health insurance or a confirmation of coverage by an insurer of the costs of treatment in the territory of the Republic of Poland.
In such a case - on behalf of our clients - we carry out all activities necessary to obtain a tolerated stay permit, including contacting all government offices, preparing the required documentation, filing relevant applications and legal letters.
POINT 6. REFUGEE STATUS
A foreigner is granted refugee status if, as a result of a well-founded fear of persecution in his/her country of origin on account of race, religion, nationality, political opinion or membership of a particular social group, he/she is unable or unwilling to avail himself/herself of the protection of that country. Persecution may consist in particular of:
the use of physical or psychological violence, including sexual violence,
the application of legal, administrative, police, or judicial measures in a discriminatory manner or of a discriminatory nature,
the initiation or conduct of criminal proceedings or punishment in a disproportionate or discriminatory manner,
lack of a right of appeal to a court against a penalty which is disproportionate or celebratory,
the initiation or conduct of criminal proceedings or punishment for refusal to perform military service during a conflict, where performing military service would constitute a crime or acts contrary to international law,
acts directed against persons on the basis of their sex or minority.
Persecution must:
constitute, by their very nature or repetition, a severe violation of human rights, in particular the rights whose abrogation is inadmissible pursuant to Article 15(2) of the Convention for the Protection of Human Rights and Fundamental Freedoms, or
be an accumulation of various acts or omissions, including those which constitute violations of human rights, which have an impact equivalent to that of the persecution referred to in the previous point.
POINT 7. VISA
Schengen visa or national visa
A national visa entitles the holder to enter the territory of the Republic of Poland and stay therein continuously or to several consecutive stays therein for a total period not exceeding 90 days during the visa's period of validity.
A Schengen or national visa may be issued for one of the following purposes:
tourism,
to visit family or friends,
participation in sporting events,
carrying out a business activity,
carrying out work, for a period not exceeding 6 months in the consecutive 12 months, on the basis of a registered statement on entrusting work to a foreigner,
5a) performance of seasonal work for a period not exceeding 9 months in a calendar year,
carrying out work other than that referred to in points 5 and 5a,
carrying out cultural activities or attending conferences,
carrying out official tasks by representatives of a body of a foreign country or an international organisation,
pursuing first-cycle studies, second-cycle studies or unified master's or third-cycle studies,
vocational training,
education or training in a form other than those specified in points 9 or 10,
teaching,
carrying out scientific research or development work,
transit,
air transit,
medical treatment,
to join or stay with a citizen of another Member State of the European Union, a Member State of the European Free Trade Association (EFTA) - a party to the Agreement on the European Economic Area or the Swiss Confederation,
participation in a cultural or educational exchange programme, humanitarian aid programme or holiday work programme,
18a) arrival on the territory of the Republic of Poland as a member of the repatriate's immediate family,
19a) arrive on the territory of the Republic of Poland as a member of the immediate family of a person residing in Poland on the basis of a permanent residence permit obtained on the basis of the Card of the Pole,
exercising rights resulting from the Card of the Pole,
repatriation,
use of temporary protection,
arrival for humanitarian reasons, due to the interest of the state or due to international obligations,
execution of a temporary residence permit for the purpose of family reunion,
24a) implementation of a temporary residence permit for the purpose of intra-corporate transfer,
other than those referred to in points 1-24a, which justifies the foreigner's entry into Poland.
It should be mentioned here that the period of validity of a national visa commences no later than 3 months from the date of its issue and does not exceed 1 year.
POINT 8 SUBSIDIARY PROTECTION
A foreigner who does not meet the conditions for refugee status is granted subsidiary protection.
This is the case when return to his/her country of origin may expose him/her to a real risk of suffering serious harm by:
the imposition of the death penalty or execution,
torture, inhuman or degrading treatment or punishment,
a serious and individual threat to life or health arising from the widespread use of violence against civilians in situations of international or internal armed conflict
- and is unable or unwilling to avail himself or herself of the protection of the country of origin because of that risk.
POINT 9 ASYLUM
Asylum is one of the forms of protection granted by the Polish State to a foreigner staying on the territory of our country. A foreigner may be granted asylum in the Republic of Poland upon his/her application. Asylum is granted when it is necessary to provide protection to a foreigner and when an important interest of the Republic of Poland so requires.
The decision on granting and depriving of asylum is issued by the Head of the Office for Foreigners and requires the consent of the minister in charge of foreign affairs.
PT. 10 POLISH CITIZENSHIP
The rules, procedure and conditions of acquiring Polish citizenship are laid down in the Act of 2 April 2009 on Polish citizenship. The Act provides for two ways of acquiring Polish citizenship by a foreigner.
presidential mode
Citizenship is granted by virtue of a decision of the President, who has full freedom in making decisions in this respect and is not constrained by any statutory prerequisites. This is, in fact, one of his prerogatives under the Constitution of the Republic of Poland.
Grant of citizenship by the voivode competent for the foreigner's place of residence
In this case, citizenship may be sought by foreigners who fulfil at least one of the conditions set out in the Act on Polish Citizenship:
foreigners foreigners residing continuously on the territory of the Republic of Poland for at least 3 years on the basis of a permanent residence permit, a residence permit for a long-term European Union resident or the right of permanent residence, who have a stable and regular source of income in the Republic of Poland and the legal title to occupy a dwelling,
foreigners residing continuously on the territory of the Republic of Poland for at least 2 years on the basis of a permanent residence permit, a residence permit for a long-term European Union resident or the right of permanent residence, who:
have been married for at least 3 years to a Polish citizen, or
do not have any citizenship;
foreigners residing continuously on the territory of the Republic of Poland for at least 2 years on the basis of a permanent residence permit obtained in connection with having a refugee status granted in the Republic of Poland,
alien minors residing in the territory of the Republic of Poland on the basis of a permanent residence permit, a residence permit for a long-term EU resident or on the basis of the right of permanent residence, one of whose parents is a Polish citizen and the other parent who is not a Polish citizen has agreed to this recognition,
minor foreigners residing in the territory of the Republic of Poland on the basis of a permanent residence permit, a residence permit for a long-term EU resident or the right of permanent residence, whose Polish citizenship has been restored to at least one of their parents, and whose other parent who does not have Polish citizenship has agreed to this recognition,
foreigners residing continuously and legally on the territory of the Republic of Poland for at least 10 years, who meet jointly the following conditions:
have a permanent residence permit, a residence permit for a long-term resident of the European Union or the right of permanent residence,
they have a stable and regular source of income in the Republic of Poland and the legal title to occupy residential premises,
foreigners residing continuously on the territory of the Republic of Poland for at least one year on the basis of a permanent residence permit obtained in connection with Polish ancestry or a Pole's Card held.
It should be emphasised that as a rule, a foreigner is obliged to have the knowledge of the Polish language confirmed by an official certification at a language proficiency level of at least B1, a certificate of graduation from a school in the Republic of Poland or a certificate of graduation from a school abroad with Polish as the language of instruction.
The scope of the Law Firm's services in this type of cases includes, among others, representation of the interested person in the proceedings on confirmation of citizenship before provincial offices or obtaining relevant documentation necessary for the purposeful and effective settlement of the case.
POINT 11. KARTA POLAKA
The Card of the Pole is a document stating belonging to the Polish Nation. The Card of the Pole is issued to a person who jointly fulfils the following four conditions:
demonstrates his/her connection to Polishness by at least a basic knowledge of the Polish language, which he/she considers to be his/her mother tongue, and knowledge and cultivation of Polish traditions and customs,
in the presence of a consul of the Republic of Poland or a voivode, submits a written declaration of his/her affiliation to the Polish Nation,
demonstrates that he or she is of Polish nationality or at least one of his or her parents or grandparents or two great-grandparents were of Polish nationality, or presents a certificate from a Polish or Polish-American organization confirming active involvement in activities for the benefit of the Polish language and culture or for the benefit of the Polish national minority for at least the last three years,
will submit a declaration that she or her ascendants did not repatriate or were not repatriated from the territory of the Republic of Poland or the People's Republic of Poland on the basis of repatriation agreements concluded in the years 1944-1957.
It should be emphasised that the Card of the Pole may only be granted to a person who does not have Polish citizenship or a permanent residence permit in the territory of the Republic of Poland. Additionally, it may be granted only to a person who, on the day of submitting an application for the Card of the Pole, is a citizen of:
Republic of Armenia,
the Republic of Azerbaijan
the Republic of Belarus
the Republic of Estonia
Georgia
the Republic of Kazakhstan
the Kyrgyz Republic
the Republic of Lithuania
the Republic of Latvia
the Republic of Moldova
the Russian Federation
the Republic of Tajikistan
Turkmenistan,
Ukraine,
Republic of Uzbekistan,
or having a stateless status in one of these countries.
Documents demonstrating belonging to the Polish Nation may be, in particular:
Polish identity documents
marital status certificates or their copies, baptismal certificates, school certificates or other documents confirming a connection with Polish identity
documents confirming military service in Polish military formations,
documents confirming the fact of deportation or imprisonment, containing an entry stating Polish origin,
documents confirming the fact of deportation or imprisonment, containing a note informing about Polish origins,
foreign identity cards containing information on Polish nationality of their holder,
a certificate from a Polish or Polish-American organization operating on the territory of one of the countries referred to in art. 2 sec. 2, confirming active involvement in activities promoting Polish language and culture or Polish national minority,
a valid decision on the determination of Polish origin, issued in accordance with the provisions of the Act on Repatriation.
With the Card of the Pole it is possible, inter alia, to: take up employment or conduct economic activity on the territory of Poland on the same principles as Polish citizens. It is also possible to benefit from various forms of education, take up and pursue higher education and doctoral studies, take part in scientific research and development. The Act also provides for an entitlement in the form of receiving assistance from a consul in a situation of threat to life and safety, receiving health care services in emergencies and the possibility of obtaining discounts on public transport.
The granting of the Card of the Pole does not imply the acquisition of Polish citizenship or confirmation of Polish origin, nor does it constitute a document entitling to cross the border or to settle on the territory of the Republic of Poland. The legal remedy for a foreigner who intends to settle in Poland after obtaining the Card of the Pole is to apply for a permanent residence permit.
In addition, the holder of the Card of the Pole is granted the right to apply - within 3 months from the moment of filing the application for a permanent residence permit - for a financial benefit for himself and for the members of his immediate family residing with him in Poland. Such a benefit may be granted for up to 9 months.
After one year from the date of obtaining a permanent residence permit on the territory of Poland, a foreigner may apply to a voivode for recognition as a Polish citizen.