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

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 only through electronic system MOS (from 27th of April 2026) – here.

Here you can read more how to apply through MOS – as it requires obtaining PESEL number and trusted profile (“profil zaufany”) at first.

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. If you need assistance, feel free to contact us.

* 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. For such permit you should apply also in person or through post (not through MOS) More details about family reunification process 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. We have experience in such proceedings and we can help you to determine if you may reach a positive outcome.

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 permit – the 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.

If you fail to submit any of the required documents, the Voivode will issue a request asking you to provide the missing documentation within a specified time limit (not less than 7 days).

The authorities cannot process a residence permit application until the applicant has provided fingerprints in person. As a result, the application is treated as formally incomplete until this step is completed, even if the applicant is waiting for an appointment scheduled by the office.

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.

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.

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, 8 months is usually the minimum processing time, while around 1 year is considered standard in most cities.

From my practice, 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.

We assist clients throughout Poland, and in many regions foreign nationals face waiting times of several years before receiving a residence permit decision. While processing times ultimately depend on the authorities, professional legal support, thorough preparation of the required documentation, and a proactive approach can help streamline the procedure and reduce unnecessary delays.

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.

• To apply for a residence permit in Poland, non-EU citizens must generally be physically present in Poland and have a legal basis for stay.

• The application should be submitted before the visa or visa-free stay period expires to ensure legal residence during the proceedings.

• A complete application requires, among other things, a valid passport, photographs, proof of accommodation, sufficient financial resources, health insurance, and payment of the administrative fee.

• Applications are submitted to the competent Voivode based on the applicant’s place of residence, and all correspondence is sent to the address indicated in the application.

• Processing times are lengthy, with eight months being the minimum in most cases and around one year considered standard.

• A positive decision does not automatically allow international travel — applicants must also obtain a residence card, which is usually issued several weeks after the decision (or have another legal basis to cross the border such visa).

• Act on foreigners (Ustawa o cudzoziemcach) – Article 104, 105, 106, 106c,  106d, 106e 108, 112a – you may find text of the statute here
• The Act on assistance to citizens of Ukraine in connection with armed conflict on the territory of that country (Ustawa o pomocy obywatelom Ukrainy w związku z konfliktem zbrojnym na terytorium tego państwa) – Article 100d