HOW TO STAY AND WORK LEGALLY IN POLAND AS A STUDENT?

Zuzanna Kaciupska

26.11.2021

DIFFERENT LEGAL REGIMES

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1. EU nationals

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• Third-country nationals coming to Poland for studies

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• Third-country nationals coming to Poland on Erasmus

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1. EU NATIONALS

1. Free movement of persons (up to 3 months)
• valid ID or passport

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• Registration of residence (above 3 months)
1. Voivodship office; no later that one day after the expiry of 3 months
2. Necessary documents:
• application form
• ID/passport
• certificate of enrollemnt to the university
• medical inssurance (i.e. private, state inssurance, European Health Insurrance Card)
• proof of sufficient financial means (i.e. bank statement, work agreement) (above 701 PLN/single person/month or 528/person in a family/month)
3. Risk of a fine (20-5000 PLN)

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2. THIRD COUNTRY NATIONALS

1. Visa-free movement (up to 90 days)

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• Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement
• 90 days within each 180 days (https://www.schengenvisainfo.com/visa-calculator/)

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• Schengen visa (up to 90 days)
• National visa (minimum 90 days up to 12 months)
• Temporary residence permit

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TEMPORARY RESIDENCE PERMIT

Where to apply?

Voivode (in Warsaw: Voivode of Mazowieckie)

• Register to apply at:

https://kolejka-wsc.mazowieckie.pl/rezerwacje/pol/login

• Submit the application via post (you will be asked to come to the office later to give your fingerprints) (Attention! Date of submitting the application)
• Submit the application at Marszałkowska st. 3/5 or Pl. Bankowy 3/5 (you will be asked to come to the office later to give your fingerprints)
• New website: https://inpol.mazowieckie.pl/login

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How much does it cost?

340 PLN

Centrum Obsługi Podatnika, ul. Obozowa 57, 01-161 Warszawa

no. of bank account: 21 1030 1508 0000 0005 5000 0070

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TEMPORARY RESIDENCE PERMIT

What requirements do I need to fulfill?

• application lodged during your legal stay in Poland (with 4 photos, 2 photocopies of your passport, documents mentioned below) (visa issued by Poland or other EU country, TRC)
• medical insurrance (amount of insurance: minimum 30 000 EURO)
• proof of payment of tuition (current and/or incoming semester)
• confirmation of enrollment issued by the University (specific form of the confirmation)
• was not expelled (could lead to a negative decision)
• sufficient funds to cover costs of stay, return and studies

TEMPORARY RESIDENCE PERMIT

SUFFICIENT FUNDS

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If after deducting costs of:

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1. housing (rent + utilities), and

2. studies (in practice for 3 semesters), and

3. return to your country (200 PLN if from a neighbouring country, 500 PLN if from EU, Switzerland, Norway, Lichtenstein, Iceland, 2500 PLN other),

you still have more than 701 PLN/month (if you live alone) or 528 PLN/each member of your family/month

ATTENTION! From 2022: PLN 776 (single person), PLN 600 (for each family member)

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TEMPORARY RESIDENCE PERMIT

CASE STUDY

How much money do you need to have if:

You are from Ukraine and live alone. You are to graduate in June 2023 (you apply for a permit untill your graduation+3 months 🡪 September 2023).

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You paid for one semester.

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Each semester costs 7000 PLN. You pay rent and utilities at the amount of 1000 PLN.

TEMPORARY RESIDENCE PERMIT

CASE STUDY

How much money do you need to have if:

You are from Ukraine and live alone. You are to graduate in June 2023 (you apply for a permit untill your graduation+3 months 🡪 September 2023).

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You paid for one semester.

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Each semester costs 7000 PLN. You pay rent and utilities at the amount of 1000 PLN.

TEMPORARY RESIDENCE PERMIT

CASE STUDY

How much money do you need to have if:

You are from Ukraine and live alone. You are to graduate in June 2023 (you apply for a permit untill your graduation+3 months 🡪 September 2023).

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You paid for one semester.

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Each semester costs 7000 PLN. You pay rent and utilities at the amount of 1000 PLN.

TEMPORARY RESIDENCE PERMIT

CASE STUDY

How much money do you need to have if:

You are from Ukraine and live alone. You are to graduate in June 2023 (you apply for a permit untill your graduation+3 months 🡪 September 2023).

You paid for one semester.

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Each semester costs 7000 PLN. You pay rent and utilities at the amount of 1000 PLN.

TEMPORARY RESIDENCE PERMIT

Sufficient funds – how can I prove it?

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• Funds on your Polish personal bank account (can be on several bank accounts, can be in different currency), issued the earliest 1 month before your application
• confirmation of scholarship
• traveller’s check
• limits on your credit card (issued the earliest 1 month before your application)
• employment contract (confirmation of employment issued the earliest 1 month before your application)

TEMPORARY RESIDENCE PERMIT

For how long can I receive a permit?

• 1st permit – 15 months (not longer than up to 3 months after your graduation),
• 2nd and next – up to 3 years (not longer than up to 3 months after your studies)

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How long will I wait for the decision in my case?

• 60 days (law); around 8 months for TRC (practice)
• Request for urgent consideration of the case/ complaint to the administrative court on the failure to act

TEMPORARY RESIDENCE PERMIT

Can I prolong my legal stay after graduation?

• residence permit for work
• residence permit to look out for a job (9 months)
• other, i.e. studies, family
• long term EU residency (your stay on a student visa counts as a half)
• permanent residency based on Polish roots

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TEMPORARY RESIDENCE PERMIT

WHAT CAN I DO IF I RECEIVED A NEGATIVE DECISION?

1. Appeal within 14 days to the Head of the Office for Foreigners (your rights and obligations do not change) Attention! You lodge the appeal to the Voivode office.

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2. Leave Poland and EU countries within 44 days from the date that you were served with a negative decision (30 days if you received a negative decision from the Head of the Office for Foreigners)

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3. If you received a negative decision from the Head of the Office for Foreigners you can lodge a complaint to the Voivodship Administrative Court within 30 days. Yet, you still have to leave Poland within those 30 days (unless you have valid visa/TRC/other document allowing you to stay in Poland). Otherwise you could be deported.

TEMPORARY RESIDENCE PERMIT

RIGHTS AND OBLIGATIONS DURING THE PROCEDURE

• if applied while staying legally in Poland, you should receive a stamp in your passport
• you can legally stay in Poland during your procedure (also at the appeals level)
• you can return to your country and apply for a visa (Attention! You cannot travel within EU without a visa)
• inform authorities about developments important for the type of residence permit you are applying for
• you can submit additional documents until the decision is issued

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TEMPORARY RESIDENCE PERMIT

IMPORTANT INFORMATION

• Always inform administrative authorities if you change your adress and check your postmail regularly
• Never submit false information or documents
• Always demand a confirmation if you submitted a document to the authorities or collect a confirmation that you sent a document from the post office
• Make sure that all your documents stay valid while you wait for the decision (medical insurrance, lease agreement, certificate of enrollement)
• Make sure that your lease agreement indicates that your rent covers also utilities or submit receipts for utilities/written statement from your landlord
• All document must be translated into Polish by a sworn translator
• Submit original documents or copies certified by a notary

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3. Third country nationals on Erasmus

• you continue your studies taken up in another EU country
• covered by an EU programme or a multilateral programme including mobility measures or an agreement between Polish University and at least one another EU University for intra-EU mobility
• residence permit/long term visa issued by another EU country with the annotation „student”
• max. 360 days
• University sent a notice to the Head of the Office for Foreigners of the intention the benefit from the mobility. And the Head of the Office for Foreigners did not object within 30 days (medical insurrance, sufficient funds, payment of tuition fees)

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CHANGES DUE TO CORONAVIRUS

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• Extention of legal stay, if national visa or TRC ends during the coronavirus (to 30 days after the revocation of an epidemic risk)

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• Extention of stay if you were in Poland on 14 March 2020 on Schengen visa, residence permit issued by another EU country or visa free movement (to 30 days after the revocation of an epidemic risk) (you can work with a work permit)

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• Extention of work permits

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In those situations you do not need to (but you can) apply for the extention of your residence permit/visa!

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RIGHT TO WORK

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• Full-time studies (studia stacjonarne) – you can work without an additional work permit
• Graduate of a Polish school or University – you can work without an additional work permit
• Temporary residence permit based on studies – you can work without additional work permit
• Students of part-time studies (studia niestacjonarne) or extra-mural education (studia zaoczne) or post-graduate studies staying in Poland on a visa – you need to get a work permit
• Erasmus mobility and EU nationals – can work without additional work permits

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Attention! If you work without a permit you can receive a deportation order!

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INFORMATION

• Voivode of Mazowieckie

tel: 22 695 67 73, 22 695 66 69,

Contact form: https://kontaktwsc.mazowieckie.pl/

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• Head of the Immigration Office

tel: 22 601 75 75

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QUESTIONS?