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How to legalize your stay in Poland as a non-EU citizen?

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Legalization steps in Poland

 

 

Legalizing your stay in Poland as a non-EU citizen can be challenging due to complex procedures and changing regulations. This guide explains the key steps, requirements, and practical details you need to know to apply for a residence permit and remain in Poland legally.


CONTENT:


FIRST LEGALIZATION STEPS

How to legalize stay in Poland for non-EU citizens?

 

If you are a foreigner (a third-country national) and you plan to legalize your stay in Poland for a longer period of time (i.e. obtain a residence permit), first of all you must meet the following basic conditions:

 

  1. Be present in Poland*
  2. Have a legal basis of stay in Poland**

 

You may enter Poland either under a visa-free regime (if your nationality allows it — we recommend checking the official list of countries entitled to visa-free travel here) or on the basis of a visa (most commonly a Schengen visa type C or a national visa type D — details are discussed here).

 

If you have already entered Poland, it is crucial to remember that you must apply for a residence permit before your visa expires or before you use up the maximum number of days allowed under visa-free travel. The key factor is to initiate the administrative proceedings while your stay in Poland is still legal.

 

The application must be submitted to the territorially competent Voivode (Wojewoda). This can be done either by post or, if available, in person. Importantly, the application must be free of formal defects. Only a properly submitted application guarantees that your stay in Poland will remain legal while the proceedings are pending.

 

* There is one specific type of temporary residence permit where the foreigner may remain outside Poland at the time of application — the family reunification permit. More details can be found here.

 

** It is technically possible to apply for a residence permit while staying illegally in Poland; however, such permits are granted only in very limited and exceptional circumstances.


RESIDENCE LEGALIZATION REQUIREMENTS

What documents are required to legalize your stay?

As a general rule, foreigners first apply for a temporary residence permit. Only in a limited number of cases does Polish immigration law allow a foreigner to apply directly for a permanent residence permit.

 

Basic documents required for a temporary residence permitthe following documents are always required to formally initiate the proceedings:

 

  1. A fully completed application form (download here)
  2. Completed attachments, if applicable — for example, when applying for a temporary residence and work permit or an EU Blue Card (all templates can be found here)
  3. Stamp duty (administrative fee) for the application — PLN 340 or PLN 440, depending on the permit type
  4. A copy of your passport (all stamped pages)
  5. Biometric photographs, size 3.5 cm × 4.5 cm
    (from 1 December 2025 only two photos will be required instead of four)

Without all of the above documents, the authority will not consider the application properly filed.

 

Additional documents:

 

Depending on the type of residence permit you are applying for, you will also need to submit additional supporting documents. In most cases, these include:

 

  1. A document confirming that you have a place of residence in Poland, such as a rental agreement or a landlord’s declaration
  2. Documents proving that you have a stable and regular source of income; in some cases, evidence of sufficient savings for the intended period of stay may be acceptable
  3. Health insurance covering the costs of medical treatment and hospitalization in Poland

 

You can read more about different types of temporary residence permits and their specific requirements in our detailed article here.


COMPETENT AUTHORITY

Where should I apply for a temporary residence permit?

You should submit your application to the Voivode (Wojewoda) who is territorially competent for your place of residence. This depends on the voivodeship in which you live, such as Mazowieckie, Małopolskie, Śląskie, Świętokrzyskie, or Dolnośląskie.

 

Important! Remember:

 

  1. You must indicate in the application form the address at which you are staying. This is the address to which all official correspondence will be sent if you are not represented by an attorney. It is essential not to miss any letters, as, for example, a failure to supplement missing documents within the deadline specified in such correspondence may easily result in a negative decision and, consequently, an illegal stay.
  2. You are obliged to inform the Immigration Office of any change of address without delay.
  3. The Border Guard or the Police may carry out a visit to the place where you declare that you are staying in order to verify whether you actually reside there.

WAITING TIME FOR TRC

How long does the legalization process take?

There is no single, definitive answer. Due to legal changes introduced after the outbreak of the war in Ukraine in 2022, administrative authorities are currently not bound by strict statutory deadlines in residence permit cases.

 

In practice, eight months is usually the minimum processing time, while around 1 year is considered standard in most cities. In some cases, submitting the application in person may shorten the process; however, many voivodeship offices no longer offer in-person submission, and applications must be sent by post.

 

For example, in Kraków, the waiting time to be called for fingerprint collection — which formally initiates the proceedings — is approximately 4–5 months. The further examination of the case typically takes an additional 4 months.

 

It is also important to note that the administrative decision itself is not a travel document. To cross the border, you must obtain the plastic residence card, which is usually issued 1.5–2 months after the positive decision.

 

 

If you are unsure which permit applies to your situation, contact our immigration lawyers for individual assistance.

Written by:

Advocate Natalia Szabatowska – Immigration Lawyer

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