From 1 June 2025, new provisions of the Act on Foreigners and related regulations regarding temporary residence and work permits entered into force in Poland. These changes clarify the legal grounds for submitting an application and specify when such an application may be refused or not accepted at all.
Below, we provide a concise overview of the key principles applicable to foreigners intending to apply for a temporary residence and work permit in Poland.
Legal Basis
The provisions governing the conditions for granting a temporary residence and work permit can be found in:
✓ General provisions of the Act on Foreigners, applicable to all types of temporary residence permits;
✓ Special provisions regulating the combined permit for temporary residence and work.
What Is a Temporary Residence and Work Permit?
A temporary residence and work permit authorises a foreign national to reside and work legally in Poland for a defined period, provided that the declared purpose of stay justifies a stay exceeding 3 months.
✓ The permit is issued for the period necessary to achieve the purpose of stay, but for no longer than 3 years.
Application Rejected vs. Permit Refused – What’s the Difference?
The new legal framework introduces a clear distinction between two negative outcomes:
✓ Rejection of the application (non-acceptance): The application is not admitted for examination due to the applicant’s legal status or formal defects. In this case, the proceedings are not initiated.
✓ Refusal to grant a permit: The application is formally accepted and reviewed, but a negative decision is issued following a substantive assessment.
Understanding this difference is crucial, as the rejection of the application prevents access to any residence rights based on that submission.
When Will the Application Not Be Accepted?
Under Article 100 and Article 114a of the Act on Foreigners, an application for a temporary residence and work permit will not be accepted in the following cases:
✓ The applicant already holds a permanent residence permit or EU long-term resident permit.
✓ The applicant is staying in Poland under a humanitarian visa or visa issued for reasons of state interest or international obligations.
✓ The applicant resides in Poland on the basis of a short-term residence permit, for example in connection with court proceedings or medical treatment.
✓ The applicant holds a permit for tolerated stay, humanitarian stay, or enjoys protection such as asylum, subsidiary protection, temporary protection, or refugee status.
✓ The applicant is in the process of applying for international protection (e.g. asylum).
✓ The applicant is currently detained, placed in a guarded centre, or in custody.
✓ A return decision has been issued and the deadline for voluntary departure has not yet expired.
✓ The applicant has been obliged to leave Poland within 30 days from the final decision refusing a visa or residence permit.
✓ The application is submitted by a foreign national who is not present in Poland at the time of filing.
📌 Note: If you are summoned to provide fingerprints and fail to appear within 7 days, your case will be discontinued without further review.
Additional Cases of Non-Acceptance (Specific to Work Permits)
An application for a temporary residence and work permit will also not be accepted if, on the date of submission, the foreign national:
✓ Is employed in Poland as a posted worker by a foreign company;
✓ Is working under international agreements (e.g. trade or investment treaties);
✓ Is running a business activity in Poland;
✓ Is performing seasonal work;
✓ Is residing in Poland on a visa issued for: tourism, visiting family or friends, sports/cultural events, training, transit, or medical treatment;
✓ Is present in Poland on the basis of a Schengen visa issued by another Member State for tourism or private visits (unless covered by the mobility clause);
✓ Is present in Poland on the basis of a residence card issued by another Member State;
✓ Is staying in Poland on the basis of a 15-day humanitarian visa issued by the Border Guard
When Can a Work and Stay Permit Be Refused?
Even if the application is accepted for consideration, the Office for Foreigners may issue a decision refusing to grant the permit in the following situations:
✓ The applicant does not meet the general statutory requirements for a temporary residence and work permit.
✓ The declared purpose of stay does not justify remaining in Poland for more than 3 months.
✓ The applicant’s personal data is listed in the Register of Foreigners whose stay is undesirable in Poland or in the Schengen Information System (SIS).
✓ Refusal is justified by reasons of state security, public order, or Poland’s international obligations.
✓ During the course of the proceedings, the applicant submitted false information, forged documents, or concealed material facts.
✓ The applicant has outstanding tax liabilities in Poland, and no tax relief or deferral has been granted.
Summary and Practical Implications
The newly introduced provisions aim to enhance the efficiency and transparency of the immigration system in Poland. However, they also introduce stricter controls and limit access to the residence and work permit process for certain categories of foreigners.
Before submitting an application, we strongly recommend:
✓ Verifying your legal basis for stay;
✓ Ensuring that your visa or residence title permits you to apply;
✓ Gathering complete and credible documentation supporting your purpose of stay.
In case of doubt, seeking professional legal advice can help avoid procedural mistakes and unnecessary delays.
If you require support in assessing your eligibility or preparing a full application package, our office remains at your disposal.