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Residence Card based on employment

A residence card is a plastic card issued based on a positive decision regarding a residence permit in the Republic of Poland.Thus, a simple and clear way to refer to a residence permit in Poland has emerged: the Residence Card (Karta Pobytu).

What is a Residence Card?

A residence card is an identity document similar to the Polish ID card (dowód osobisty). It can be presented to virtually all authorities as proof of identity. Additionally, the residence card is used alongside a passport when crossing the borders of Poland and other Schengen Area countries.
Lawyers at WORK PERMIT emphasize that the document confirming legal status is the decision (decyzja, decyzja administracyjna). However, you cannot cross the border with the decision alone; the plastic card, the residence card, is mandatory.

The card contains key information, such as:

1. Name and surname
2. Date of birth
3. Citizenship
4. Date of issue
5. Type of card (temporary, permanent)
6. Expiry date
7. Height, eye color, parents' names
8. PESEL number
9. Document series and number
10. Cardholder’s signature

The residence card is issued by the Voivode (Wojewoda) according to your place of residence, based on the decision granting a temporary residence permit (TRP), permanent residence permit (PRP), or EU long-term resident card.

Who is eligible for a residence card in Poland?

A residence card can be issued to a foreigner legally residing in Poland for a specific reason—work, studies, marriage, etc. Many online sources claim you can apply for the card after three months in Poland, but in practice, the process is different. Upon arriving in Poland with legal grounds, you can apply for the card immediately

How to get a residence card quickly?

To expedite the process, preparation is key. Each case is unique: in one scenario, documents must be submitted urgently, while in another, a complete set is ready. Our experts leverage their deep understanding of procedures to approach each case flexibly.
Basic rules for speeding up the process:

1. Submit a full set of documents.
2. Ensure all documents are error-free.
3. Submit documents in person by appointment.
4. Pass security checks swiftly.
5. Avoid disruptions due to inspector absences (e.g., sick leave, vacation).
6. Accelerate the process individually if possible.

WORK PERMIT specialists prepare documents using special checklists. Our extensive experience allows us to navigate all nuances and documents related to obtaining a work-based residence card.

Is It Possible to Obtain a Residence Card Without Employment?

The concept of obtaining a residence card without a reason does not exist. However, the term "residence card not tied to an employer" has become common due to a simple process: a company fictitiously employs a foreigner, submits an application for a residence card, pays taxes for a few months, and sends confirmations to the authorities. The Voivode issues the card, and the foreigner is then "dismissed," thus keeping the residence permit.
While this scheme works due to limited resources in authorities, it is unlawful. In theory, the authorities should cancel the card upon discovering a lack of legal grounds, but in practice, the card often remains valid for the full term (up to 3 years).

Consequences of such methods

If applying for a subsequent residence card, the Voivode may refuse if previous grounds were not fulfilled.
Legal ways to obtain a residence card without employer ties:

1. Residence card based on studies.
2. Residence card for family reunification.
3. Residence card based on marriage to a Polish citizen.
4. Residence card for work + a Polish degree.
5. Other grounds.

Due to the war in Ukraine, Polish legislation has changed. Ukrainian citizens are no longer tied to employers after receiving a residence card. The decision will reference legislation exempting foreigners from this requirement.

Key rule: Always notify the authorities of any changes in your grounds within 15 days.

Documents required for a work-based residence card application

● Completed application form.
● State fee of 440 PLN.
● Passport-size photographs (3.5 cm x 4.5 cm).
● Employment contract(s).
● Insurance/ZUS documentation.
● Attachment no. 1 from the employer.
● CEIDG/KRS registry extract.
● Information from the Starosta.
● Passport copies.
● PESEL number.

This list is indicative and may vary depending on the case.

Each residence card application is unique, and the list of required documents is always tailored to the individual circumstances of the foreigner. Even the type of contract can influence the document list and, consequently, the issuance of a positive decision. WORK PERMIT specialists work with comprehensive checklists for each case, with the flexibility to customize the document set as needed.

Nuances of Obtaining a Residence Card Based on Employment

1. You must verify all documents before submission, ensuring that all details are accurate. Salary, working hours, and other information must match across all documents.
2. Submitting documents in their original form is crucial. The Office does not accept or consider document copies. If necessary, you can provide notarized copies of the originals.
3. In case of a change in grounds, it is not always advisable to interfere with the process. Sometimes, it is better to wait for the decision and only then make changes or resubmit documents.
4. If you change your address, you must inform the Office about it, as having the correct correspondence address is one of the key factors for obtaining a residence card.

With our clients, we always sign a power of attorney to represent their interests in state institutions.
As a result, the correspondence address will always be the address of WORK PERMIT. It is crucial to receive documents from the Office on time and provide a response within the specified timeframe, as this directly affects the decision in your case.

Carefully read the letter, paying attention to the deadline for submitting additional documents. The Office typically allows 7 or 14 days to provide the requested documents.

Benefits of a residence card:

1. Access to mortgages with favorable terms in Polish banks.
2. Ability to sign credit or leasing agreements as an individual or business.
3. Long validity period: A visa is issued for one year, while a residence permit (Karta Pobytu) can be granted for up to three years. This eliminates the need to return to the country of origin to obtain visas or other documents, saving both time and money. This is especially important for citizens of distant countries such as India, Bangladesh, or Indonesia, where the visa application process is complex and flight tickets are expensive.
4. Easier vehicle registration.
5. Ability to register residency for the maximum term.
6. Family reunification options: family members can also apply for residence permits.
7. Enhances credibility when applying for Polish citizenship.
8. Access to state benefits and allowances (e.g., the "500+" program for children under 18).
9. Eligibility to apply for visas to other countries (e.g., the US, UK).
10. Eligibility to open a sole proprietorship (self-employment) for certain residence permits

Frequently Asked Questions

1. When can I get the red stamp in my passport? You can receive the red stamp after successfully submitting your documents. The stamp is provided during the meeting when fingerprints are taken, provided all necessary documents are submitted. The Inspector will stamp the passport, confirming the correctness of the document submission. However, the stamp does not guarantee obtaining a residence card; it merely symbolizes the start of the administrative process, which includes checks by relevant foreigner-related services and document review by the Inspector. If any documents are missing, the Inspector will issue a negative decision. If you send your documents by mail, you will only receive a postal confirmation, or if you submit them at the Uzhond (Office), you may receive a receipt stamp, which is not equivalent to a red passport stamp. 
Services that check foreigners include:

● Border Guard
● Police
● Internal Security Agency

In some cases, the red stamp is not provided immediately, but you will soon be summoned to the Uzhond with your passport to receive it.

2. Can I change the basis for my residence card during the process? Yes, you can change the basis. For example, if you applied for a work-based card but then started studying at a university, you must notify the Uzhond, gather a full set of additional documents, and submit them. 
Keep in mind that changing the basis is a lengthy process. If your case is at the final stage before a decision, it’s better not to change the basis and complete the process under the original one. Making changes at the wrong time can lead to a negative decision.

3. How quickly can I get a residence card in Poland? There is no universal answer to this question. New clients often ask us to expedite cases already in progress. Without detailed information about the submitted documents and their correctness, we cannot act. To proceed, we require authorization to determine the case status and documents submitted. 
The processing time for a residence card depends on several factors:

1. The voivodeship where documents were submitted
2. Whether the passport has the red stamp
3. Submission of a complete document set
4. Whether documents were sent by mail or submitted in person

4. How long does the entire procedure take? Specialists from WORK PERMIT estimate that, on average, obtaining a residence permit in Poland takes about 6–9 months across all voivodeships. In Wrocław, the process takes about 4–6 months. Processing times depend on the workload of the plastic card production company. Several times a year, the card issuance time may increase from two weeks to two months.
5. I lost my job. What should I do next?You must inform the Voivode who issued your residence card about the job loss within 15 days of termination.
Steps to follow:

1. Prepare a notification letter
2. Prepare an envelope (with delivery confirmation)
3. Send the envelope via mail
4. Keep a copy of the letter and the postal receipt

6. I received a residence card but want to change a job. What actions should I take?Depending on the basis of your residence card, you need to meet certain requirements. The most important thing is to notify the Uzhond about the change of employment or loss of the job based on which the decision was issued.

● If your decision does not specify the employer, you only need to send a notification of employment change or termination.
● If your decision specifies the employer, you will need to either change the decision or apply for a new residence card.

7. I received a rejection for my residence card. What are the reasons and next steps?There are many reasons for rejection, ranging from Inspector errors to illegal stay in Poland or the Schengen Zone. 
Common reasons for rejection include:

● Missing deadlines for submitting additional documents
● Errors in document completion
● Incorrect insurance policy (short duration or insufficient coverage)
● Criminal record of the foreigner
● The foreigner’s details appear in the SIS register
● Illegal stay in Poland
● Employer failed to provide required documents or has debts in ZUS
● Missing information from the starosta or fulfillment of additional conditions
● The foreigner does not reside at the address provided in the application
● Documents were sent while the foreigner was outside Poland 

8. What to do if a positive decision was issued for a short period? You can file an appeal requesting an extension of the decision to the maximum period of 3 years. We proudly state that after submitting appeals in such cases, we achieve positive outcomes 100% of the time. Work with professionals!
9. What to do in case of a negative decision?

● If you do not plan to act after receiving a negative decision, you must leave the country within 44 days of receiving it.
● If you decide to file an appeal or submit additional documents, for example, on the 18th day after receiving the rejection letter, it will not be successful. By default, you will have accepted the Voivode’s decision and must leave the country.

Meeting deadlines and proper document preparation are key to avoiding negative outcomes.

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