According to the law, procedure for granting a residence permit qualifies as an administrative case and therefore should be completed without undue delay. If it is necessary to conduct additional investigation or clarification of the circumstances of the case, the matter should be completed within one month and if the case is complicated – within two months.
The administrative body may, however, extend the abovementioned deadlines and this is often the case in practice, also in view of the significant increase in the number of applications for residence permits. To speed up the procedure, it is important to submit a complete application without any shortcomings.
At present, a new institution was introduced to the law to counteract possible cases of inactivity of the administrative body conducting the procedure.
An appeal may be lodged against the decision to refuse a residence permit. It is very important to file an appeal within the deadline. Before filing an appeal, it is useful to analyze the written justification of the decision to determine whether there has been a material breach of the rules of procedure or of substantive law during the proceedings, or to examine whether new circumstances have arisen in the case or is there any new evidence to be adduced and therefore to assess the chances of a positive review of the decision, taking into account the time that will be needed for further proceedings.
You may be exempted from the obligation to have a work permit, or you can have or apply for a uniform residence and work permit, work permit regardless of your residency status or You can work on the basis of the so called ‘statement of intent to entrust work’. It all depends on your individual situation – your citizenship, your previous stay in Poland, or your current residence permit (residence card of a specific type, visa et al.).
A foreigner may apply for citizenship by means of recognition as a Polish citizen. The possibility of submitting an application depends on the period of stay on the territory of Poland. In principle, an application for recognition as a citizen can be submitted after at least 3 years of uninterrupted stay on the basis of a permanent residence permit or long-term EU residence permit. Additional conditions to be fulfilled are to have a stable and regular source of income, legal title to living premises and knowledge of the Polish language. The law also provides for different conditions on recognition as a Polish citizen for different groups of foreigners, for example there are less requirements for spouses of Polish citizens, stateless persons or persons who have been granted the refugee status.
In addition, the President of the Republic of Poland holds special authority to grant Polish citizenship. The decision in this respect depends on the President’s recognition and the possibility of submitting an application is not subject to any statutory conditions such as length of stay on the territory of Poland.
Spouses of Polish citizens cannot automatically apply for citizenship but are entitled to apply for a temporary residence first. During the procedure the competent authorities verify if the marriage was not concluded to circumvent the law (with the sole purpose of securing legal stay in Poland). After having been married to a Polish citizen for at least 3 years and after at least 2 years of interrupted stay in Poland (based on a residence permit issued for a spouse) a spouse may apply for a permanent residence permit. Application for citizenship is possible after subsequent 2 years of interrupted stay based on a permanent residence permit. Being married to a Polish citizen is also material in case return (deportation) procedure is conducted.
If You received a decision obliging you to return to your country of origin and banning You from entering the territory of the Republic of Poland or the Schengen area, you can appeal against it, if You haven’t missed the 14-day deadline. First, however, it is good to examine whether there are grounds for filing such an appeal. Sometimes a better solution might be to leave the Schengen area and submit a request to cancel the entry ban. In this case, however, you must establish a plenipotentiary in Poland who will be able to receive correspodence or represent You before the competent authority if such a need arises.
The period of the entry ban depends on the reason why the return decision was issued. The shortest period of the ban is 6 months, the longest is 5 years.
The ban is issued for between 6 months and 3 years, inter alia, if you stay without a valid document authorizing Your stay in Poland (such as a residence permit) or exceed the permitted periods of stay in Poland (for example overstay Your visa). A ban from 1 to 3 years will be issued in case of illegal employment or conducting business activity. A ban for a period of more than 3 years is applicable in cases such as those involving convictions for imprisonment or if a person presence constitutes a threat to public order.
The specific period of the ban imposed on a person is indicated each time in the return decision.
