A residence decision (residence permit) is a key document for every foreigner residing in Poland, its content determines not only the legality of stay, but often also the possibility of taking up work, using public services or planning family life. In this post, I explain how to read a residence decision, what to pay attention to and what matters most.

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What is a residence decision?

An administrative decision issued by the Voivode or the Head of the Office for Foreigners, which determines whether a foreigner meets the conditions for obtaining a residence permit in Poland – temporary, permanent or long-term EU resident, recognition or granting citizenship.

Each decision should include:

  • Designation of the authority issuing the decision
  • Issuance date
  • Foreigner's data (name, surname, citizenship)
  • The legal basis for the decision
  • Decision (whether the permit was granted, for what period, for what purpose)
  • Justification (the authority may waive the justification, e.g. if the decision is in accordance with the party's request)
  • Notice of revocation
  • Signature of the official, acting, stamp. Sometimes the Decision is issued electronically, in which case it contains an electronic signature and a time stamp.

Permits are issued on the basis of applicable regulations, especially articles of the Act on Foreigners, and they can be e.g.:

  • Temporary residence – always for a specified period of time, e.g. for the purpose of performing work, starting or continuing studies, running a business, reuniting with family – issued for a maximum of 3 years.
  • Permanent residence – indefinite, residence card (plastic) has a specific validity of 10 years.
  • Long-term EU resident – also indefinite, residence card issued for a period of 5 years.

In the case of temporary residence, the foreigner must take care of extending the legality of the stay before the expiry of the term.

! It is worth noting that not every decision gives the right to work. In the case of a residence and work permit, the decision should include:

  • the name of the employer,
  • position,
  • conditions of employment (e.g. minimum wage, working hours, type of contract).

If a foreigner performs work under conditions other than those indicated in the decision, it may lead to legal consequences – including the withdrawal of the permit or the obligation to leave Polish.

Residence card ≠ decision

A residence card (plastic card) is only a document confirming the decision. The card itself without a decision does not provide full information about the rights of a foreigner, so you should always analyze the content of the decision, not just "plastic"!

A residence decision is not only a formality – it is a document that determines the legality of a foreigner's stay and work in Poland. Its thorough analysis allows you to avoid mistakes, misunderstandings and legal problems. It is worth knowing its structure and what to pay attention to – both to its owner – a foreigner, as well as employers or advisors.

CHECKLIST: HOW TO READ A RESIDENCE DECISION?

Be sure to check:

  1. Correctness of name, surname, citizenship. Do the data in the decision correspond to the current situation of the foreigner?
  2. Type of permit:
    • Temporary / permanent / long-term resident EU
    • The purpose of the stay (e.g. work, studies, activities) and whether it is consistent with the actual purpose of the stay in Poland
  3. Validity period of the decision From when to when does it apply? Is the end not approaching, which makes it necessary to start the procedure of obtaining another permit?
  4. Entitlement to work Does the decision contain information on the performance of work?
    • Is a specific employer, position, conditions indicated? Are they suitable for the job at hand?
  5. Does it contain logical and document-compliant arguments and justification? In most decisions, the authority may waive the statement of reasons because it was issued in accordance with the party's request.
  6. Notice of dismissal
    • Deadline and method of filing an appeal
    • To which authority?