Legalization of stay in Poland

Legalization of stay is the process by which a foreigner obtains the right to legally reside in the territory of the Republic of Poland. A residence card is a key document that confirms this permit. It is not only an identity document but also an official confirmation that you have the right to stay in Poland for a specified period and for a specified purpose. Thanks to it, you can travel freely within the Schengen area and verify your residence status with all state administration bodies and private entities. Laut offers comprehensive support in procedures related to the legalization of stay in Poland, with a particular focus on the process of applying for a residence card. Our services aim to simplify and streamline this complex process, guiding you through each stage based on current and official regulations. Types of stay legalization We distinguish several types of residence permits, which are closely related to the purpose and duration of stay in Poland:

1. Temporary residence permit (temporary residence card)

This is the most common form of stay legalization for foreigners who intend to stay in Poland for more than 90 days. Laut helps in obtaining temporary residence permits based on various purposes, such as:

• work: As of June 1, 2025, all applications related to the employment of foreigners, including applications for temporary residence permits for work, are submitted exclusively electronically. Laut provides support in correctly filling out all required forms, including the new appendix no. 1 to the application, which is the employer’s responsibility to complete, and in preparing the necessary documentation, such as an employment contract, proof of sufficient financial resources, and health insurance.

It is worth remembering: The catalog of grounds for refusing to initiate proceedings for temporary residence and work permits has been expanded – foreigners on tourist visas or visiting family/friends issued by other Schengen countries cannot apply for this permit.

• study: Students who have a valid visa or a residence card issued for studies can work without additional permits. Nevertheless, new regulations from June 1, 2025, tighten the rules for obtaining national visas for studying, requiring among other things, the presentation of documents confirming education recognized by the Polish National Agency for Academic Exchange (NAWA) and demonstrating knowledge of the language of instruction at a B2 level. Laut advises students in the application process and also offers language courses, which help meet these requirements.
• running a business: We assist in compiling documentation confirming the stability and profitability of the business. Important: Foreigners from the EU, EEA, Switzerland, USA, and Ukraine (with a PESEL number) can run a business under the same conditions as Polish citizens. Others can only run a business in the form of capital companies and must prove the company’s economic stability (e.g., sufficient income or employment of a specific number of Polish or foreign employees entitled to work under the same conditions).
• family reunification: We support the legalization of stay for family members, including changes regarding long-term mobility of the holder of an EU Blue Card.
• other circumstances: We advise on less typical cases justifying a stay in Poland. The Act on Foreigners provides for many specific situations that do not fit into typical categories such as work or study. Here are a few examples:
  • Conducting scientific research: A foreigner who intends to conduct research or participate in research projects at a Polish scientific unit.
  • Holding an EU Blue Card: This permit applies to foreigners who are highly qualified specialists coming to Poland to perform work requiring high qualifications.
  • Stay for family reasons: For example, when a foreigner is a family member (not necessarily a spouse) of a Polish citizen or another foreigner who already has a residence permit.
  • Holding a Pole’s Card: People with this document can apply for a temporary stay on its basis.
  • Internships and volunteering: Foreigners who want to complete professional internships in a company or participate in a volunteer program.
  • Circumstances requiring an extension of stay: Situations in which a foreigner cannot leave Poland due to important circumstances, such as medical treatment, personal situation, or a natural disaster. It is worth remembering that each of these cases requires submitting appropriate documentation that convincingly justifies the purpose of the stay. It should also be noted that the aforementioned important circumstances are grounds only for obtaining a temporary residence permit, and not a permanent or long-term resident permit.

Laut guarantees the completeness of applications and documents, which is crucial for the smooth progress of the procedure.

2. Permanent residence permit (permanent residence card)

For foreigners who intend to settle in Poland permanently, Laut offers support in obtaining a permanent residence permit. This is a solution for people of Polish origin, holders of the Pole’s Card, spouses of Polish citizens, and in other strictly defined cases. Other “strictly defined cases” in the context of a permanent residence permit include:

1. • Child of a Polish citizen: If you are a child of a Polish citizen and remain under their parental authority.
   • Child of a foreigner with permanent residence or an EU resident: If one of your parents already has a permanent residence permit or an EU long-term resident permit in Poland, and you remain under their parental authority.
   • Victims of human trafficking: Persons who are victims of human trafficking and meet certain criteria can apply for permanent residence. These criteria include:
     • Previous stay on a permit for victims of human trafficking: The foreigner must have resided in Poland on the basis of a temporary residence permit granted specifically for victims of human trafficking.
     • Cooperation with law enforcement: They must actively cooperate with Polish law enforcement agencies (prosecutor’s office, police) in the case against the perpetrators of the crime.
     • Severing contact with perpetrators: They must have completely severed all contact with the persons suspected of committing the crime of which they were a victim.
     • Justified fear of return: Return to the country of origin would have to be associated with justified and real fears for life or freedom.
   • Refugee status or supplementary protection: Persons who have been granted refugee status or supplementary protection in Poland, after 5 years from the date of obtaining the status, can apply for permanent residence. This period also includes the time of the procedure for granting the status.

In the case of spouses of Polish citizens, to apply for this permit, the following time conditions must be met:

• Marriage lasting at least 3 years: The foreigner must have been in a marriage recognized by the law of the Republic of Poland with a Polish citizen for at least 3 years before submitting the application.
• Uninterrupted stay for 2 years: The foreigner must have resided continuously in the territory of Poland for a period of at least 2 years immediately before submitting the application. This stay must be based on a temporary residence permit granted due to marriage to a Polish citizen or on the basis of refugee status, supplementary protection, or consent for humanitarian reasons.

In other words, a foreigner, to apply for permanent residence based on marriage to a Polish citizen, must first reside legally and continuously in Poland for at least two years on the basis of an appropriate temporary residence permit. An appropriate permit in this case is one that was issued due to marriage to a Polish citizen. The marriage must have lasted for at least three years at the time of application. Important: Documented knowledge of the Polish language at a B1 level or higher is not required to obtain a permanent residence permit. Our assistance covers the documentation of all necessary criteria.

3. EU long-term resident permit (EU long-term resident card)

This prestigious permit is available to foreigners who have legally and continuously resided in Poland for at least 5 years. Attention: The Pole’s Card is not a basis for applying for an EU long-term resident permit. This permit requires documenting a 5-year legal and uninterrupted stay, stable income, and knowledge of the Polish language. The condition of uninterrupted stay means that during this period:

• no single absence from the territory of Poland exceeded 6 months.
• the total sum of absences did not exceed 10 months within the last 5 years.

However, there are exceptions, e.g., in the case of business trips. When calculating the 5-year period, half of the time spent on a stay for scientific purposes or within the framework of a temporary residence permit for students is also taken into account. It requires documenting a stable and regular source of income, health insurance, and knowledge of the Polish language at a B1 level or higher.

• Requirement for financial and insurance documentation: For an EU long-term resident permit, it is required to document a stable and regular source of income and possession of health insurance for the last 3 years immediately before submitting the application.
• Important information regarding the method of calculating the period of stay: Stay based on studies, scientific research, postgraduate internships, and EU programs (e.g., Erasmus+) is counted towards the required 5-year period only by half. In contrast, a stay for the purpose of performing work (including within the framework of an EU Blue Card) is counted in its entirety. A stay based on delegation of an employee by a foreign employer to Poland is not counted towards the required period.

From July 1, 2025, graduation certificates from post-secondary schools will no longer be considered proof of knowledge of the Polish language in these proceedings. Below are detailed data on documents accepted as proof of proficiency in Polish at B1 level (as of July 1, 2025):

• State Certificate of Polish Language Proficiency: issued by the State Commission for the Certification of Proficiency in Polish as a Foreign Language, certifying knowledge of the language at a B1 level or higher. This is the only state document certifying knowledge of the Polish language, required for residency and citizenship. The waiting time for the certificate is up to 6 months.
• Higher Education Diploma in Poland: issued by a university in Poland, certifying graduation from a school or university with Polish as the language of instruction. It is important to note that as of July 1, 2025, graduation certificates from post-secondary schools are excluded.
• Higher Education Diploma from Abroad: issued by a university abroad, corresponding to a Polish school or university, where Polish was the language of instruction.
• Certificates from International Institutions: issued by the European Consortium for the Certificate of Attainment in Modern Languages (ECL), telc GmbH, WBT Weiterbildungs-Testsysteme GmbH (TELC) at a B1 level or higher, recognized in accordance with the Common European Framework of Reference for Languages of the Council of Europe.
• Certificate of Sworn Translator Qualifications: issued by the Ministry of Justice, which is a certificate of acquiring qualifications or a certificate of entry on the list of sworn translators.
• University Certificate: issued by a university, certifying the passing of Polish language as a foreign language classes or the completion of another form of education. The university must be approved or not subject to approval and not have a ban on accepting foreigners.

Laut meticulously verifies all documents, minimizing the risk of the application being rejected. Conditions for obtaining a permit Foreigners who meet specific criteria, depending on the basis on which they submit the application, have the right to apply for legalization of stay. The most common conditions include:

• Justified purpose of stay: The application must be submitted on the basis of a specific, documented purpose, e.g., employment (based on a work permit), studies, business activity, family reunification.
• Running a business: Foreigners from the EU, EEA, Switzerland, USA, and Ukraine (with a PESEL number) can run a business under the same conditions as Polish citizens. Others can only run a business in the form of capital companies and must prove the company’s economic stability (e.g., sufficient income or employment of a specific number of Polish or foreign employees entitled to work under the same conditions).
• Stable source of income: It is necessary to prove that you have sufficient financial means to support yourself and your dependent family members, without the need to use social assistance.
• Health insurance: Having health insurance that covers the costs of treatment in Poland. This can be public insurance (within the framework of ZUS) or private.
• Place of residence: You must have a place of residence secured in Poland.

Procedure for applying for legalization of stay The process of obtaining a residence permit is an administrative procedure that requires compliance with specific steps and deadlines.

1. Preparation and submission of the application: The application is submitted to the appropriate voivodeship office in the foreigner’s place of residence. The application must be submitted in person, no later than on the last day of legal stay in Poland. The application must be accompanied by a complete set of documents, including a completed form, current biometric photos, and copies of the passport.
2. Taking fingerprints: When submitting the application or after being summoned by the office, the foreigner is obliged to have their fingerprints taken. This is a necessary condition for issuing a residence card.
3. Administrative proceedings: After submitting the application, the office initiates proceedings, during which it may request the submission of missing documents, additional explanations, or a personal appearance.
4. Decision and collection of the card: After the proceedings are completed, the voivode issues a decision on granting or refusing to grant the residence permit. In the case of a positive decision, the foreigner is informed about the possibility of collecting the residence card, after paying the fee.

Laut provides support in compiling and verifying all necessary documents so that your application is complete and correctly submitted from the very beginning, which minimizes the risk of requests for supplements and delays.