Legalization of Stay in Poland: Types of Visas and Residence Permits

Legalization of Stay in Poland: Your Guide

Poland, as a neighboring country with close historical and cultural ties to Ukraine, is one of the most popular destinations for Ukrainians seeking new opportunities for work, study, or simply a better life. However, to legally reside and work in Poland, you need appropriate documents confirming your legal status. This article will help you understand the main types of visas and residence permits, as well as guide you on how to obtain them.

The legalization process can seem complex, especially when it comes to document translation, notarization, apostille, or consular legalization. It is important to understand that each document must meet specific requirements, and its correct preparation is the key to success.

Types of Visas for Entry into Poland

Before discussing residence permits, it's worth mentioning the visas that allow legal entry into Poland. There are two main types of visas:

• National Visa (Type D): This visa is issued for long-term stays (over 90 days) and is usually the basis for obtaining a residence permit. It can be issued for various purposes: work, study, family reunification, medical treatment, etc.
• Schengen Visa (Type C): This visa allows you to stay in Poland and other Schengen Area countries for up to 90 days within a 180-day period. It is suitable for short trips, tourism, visiting relatives, or business meetings.

To obtain a visa, you need to gather a package of documents, which may vary depending on the purpose of your trip. Typically, this includes a passport, application form, photographs, insurance policy, proof of purpose of travel (e.g., a work or study invitation), and financial guarantees.

Residence Permits in Poland

After arriving in Poland with a national visa or in other cases where you plan to stay in the country for an extended period, you may need to obtain a residence permit. There are several types of permits:

1. Temporary Residence Permit (Karta pobytu czasowego)

This is the most common type of permit, issued for a specific period, usually up to 3 years. It can be granted in connection with:

• Employment: If you have a work permit or are staying based on an application for entrusting the performance of work to a foreigner. It is important that the employer complies with Polish legislation regarding the employment of foreigners, particularly the Act of April 20, 2004, "On Employment Promotion and Labor Market Institutions" (Ustawa z dnia 20 kwietnia 2004 r. o promocji zatrudnienia i instytucjach rynku pracy).
• Study: For students studying in Polish higher education institutions.
• Family Reunification: For family members of Polish citizens or foreigners legally residing in the country.
• Conducting Economic Activity: For entrepreneurs planning to start or already running a business in Poland.

The process of obtaining a temporary permit involves submitting an application to the voivodeship office at your place of residence, providing the necessary documents (passport, photographs, proof of purpose of stay, certificate of no debt, etc.), and undergoing an interview.

2. Permanent Residence Permit (Karta pobytu stałego)

This permit is issued indefinitely and is the next step towards obtaining resident status. It can be obtained by individuals who:

• Hold a Pole's Card.
• Are children of Polish citizens under their parental care.
• Have resided in Poland continuously for at least 5 years based on a temporary residence permit, refugee status, or subsidiary protection.
• Have resided in Poland continuously for at least 2 years based on a temporary residence permit obtained in connection with marriage to a Polish citizen.

Obtaining a permanent permit requires proof of stable sources of income and accommodation.

3. Long-Term Resident's Permit of the European Union (Karta pobytu rezydenta długoterminowego UE)

This permit grants the right to reside in Poland indefinitely and allows free movement within EU countries. To obtain it, you must have resided in Poland continuously for at least 5 years on legal grounds and have a stable source of income.

Document Translation and Legalization

Regardless of whether you are applying for a visa or a residence permit, you will likely need document translation. This applies to documents issued in Ukraine (birth certificates, marriage certificates, diplomas, certificates of no criminal record) as well as Polish documents that you plan to use abroad.

Document translation must be performed by a sworn translator (tłumacz przysięgły) in Poland or a certified translator in Ukraine, if provided for by agreements between the countries. It is important that the translation is accurate and corresponds to the original.

Notarization of the translation is often required. A notary confirms that the translation was made by a qualified specialist and corresponds to the original.

Apostille is a special stamp affixed to official documents for their legalization abroad. Poland is a party to the Hague Convention of 1961, so documents issued in Poland can be apostilled for use in Ukraine and other convention member countries. Similarly, Ukrainian documents apostilled in Ukraine are accepted in Poland.

Consular legalization is a more complex procedure applied to documents used in countries that are not parties to the Hague Convention. It involves sequential certification of the document by the Ministry of Justice, the Ministry of Foreign Affairs, and the consulate of the respective country.

Rights and Obligations of Foreigners in Poland

Legalizing your stay in Poland grants you certain rights, but also imposes obligations. Ukrainian citizens legally residing in Poland have the right to work, education, healthcare, and social protection in accordance with Polish legislation. It is important to abide by residency rules, pay taxes, and respect the country's laws.

The Act of December 12, 2013, "On Granting Protection to Foreigners in the Territory of the Republic of Poland" (Ustawa z dnia 12 grudnia 2013 r. o cudzoziemcach) regulates the stay of foreigners in Poland. It defines the conditions for entry, residence, employment, and obtaining permits.

Conclusion

Legalizing your stay in Poland is an important step for those who wish to integrate into Polish society and gain access to new opportunities. Understanding the different types of visas and residence permits, as well as correctly preparing the necessary documents, including translations and legalization, are key to a successful process. Do not delay this matter, as timely document processing will ensure your peaceful and legal stay in Poland.