8 Common Myths About Residence Permits in Poland – Debunked!

Okay, we’ll start by being brutally honest here. Getting a Temporary Residence Permit or karta pobytu in Poland can often be a very long and confusing process. Many foreigners struggle with it, and (rightly or wrongly) often end up spending thousands on immigration lawyers.

The complexity of the process, coupled with the ever-changing nature of Poland’s immigration laws, has led to a number of myths circulating around expat circles, Facebook groups, discussion boards, and blogs. We’ve even seen some immigration lawyers repeating these myths to their unacquainted clients. 

But as immigration specialists ourselves, and after almost a decade of dealing with the government officials directly, we know very well that many of these myths are dead wrong. Others may be true in some cases, but are still missing some very important details in the fine print.

In preparing this article, we contacted officials from the Office of Foreigner Affairs and the Polish Border Guard to confirm that we can safely say the following myths are debunked.

This is easily the most common myth circling around, so we took our time getting an accurate debunking for this one.

The Foreigner Affairs Office and Border Guard both gave slightly different responses to this, but we’ll try to summarize. You can read the full details on the Border Guard’s FAQ.

In short, while it is true that having a Residence Permit application in progress (and the red stamp in your passport) doesn’t allow you to leave and enter Poland, it doesn’t prohibit it either. So, if you have other means to enter Poland and the Schengen Area, such as a valid visa or visa-free passport, nothing is stopping you from traveling abroad.

Though there is an important catch here. Even with a visa-free passport, you’re limited to the 90/180 clock of the Schengen Area. So if you’re beyond 90 days of visa-free waiting in Poland, then unfortunately you cannot travel abroad (unless you want to wait a full 90 days to return). 

However, there is an important exemption to this rule. Citizens of certain countries can benefit from bilateral agreements that allow them to freely leave and enter Poland without regard to the 90/180 rule of the Schengen Area. These countries are the USA, Argentina, Brazil, Chile, Uruguay, Honduras, Nicaragua, Panama, Costa Rica, Japan, South Korea, and Singapore.

So, if you are fortunate enough to come from one of these countries, you can freely travel all you want while waiting for your residence permit. Though it is important that you leave and re-enter the Schengen Area directly from Poland, as transiting through another Schengen country will put you at the mercy of their laws, which may or may not recognize Poland’s special agreement.

For everyone else, the earlier you apply, the more time you’ll have to travel before your Schengen time or current visa expires, and the sooner you’ll get your Residence Permit and be able to travel again!

All too often, we find people who wait until the last minute possible to submit their residence permit application, mistakenly thinking that from the day it’s submitted, they’re suddenly banned from traveling. This is simply not true, and we can safely call this myth debunked.

Here’s another myth that commonly goes around in expat communities.

While the Foreigners Office gives a very ambiguous “it depends on the circumstances” answer, in reality, most of the “circumstances” also happen to be conditions that must be met in order for a Residence Permit to be considered.

However, there are exceptions. If you are applying for a residence permit on the basis of marriage to a Polish citizen, then unfortunately you cannot work until the permit is approved. If you are applying on the basis of employment, then you cannot work until the employer’s work permit (which is different than your residence permit) is approved.

But we mostly hear this myth going around amongst foreign students. In regards to student-based residence permits, the rules are fairly simple, and here’s what the Office told us (translated and paraphrased):

Full-time students in Poland, as well as those who have graduated from full-time study from Polish institutions, are allowed to work without any further permission, regardless of residence permit status. Note that this does not apply to students enrolled in part-time studies, such as those studying the Polish language, who are not eligible to work during their studies.

So we can safely label this myth as debunked.

But unfortunately, many employers also seem to believe this myth. Though the law might be on your side, as a foreign student waiting for your residence permit, you might have to argue a bit to get your company’s HR to believe this.

In some countries, visas and residence permits are granted more or less on the spot when you go in for your interview, and as such, making even the smallest mistake or forgetting a supporting document can lead to instant rejection.

For better or for worse, that’s not how it works in Poland. From the time you submit the application at the Foreigner’s Office or Post Office, it’s usually at least 3 months until an inspector begins reviewing your documents. Since the refugee crisis in 2022, this time has often been considerably longer, often up to a year in some cities.

While the application is under consideration, you can still submit supporting documents or amendments via mail or in person at the office. In our experience, this has little, if any, effect on the speed or outcome of the application.

Even once an inspector does get ahold of your case, it’s very rare that they will reject your application outright just because a supporting document or two is missing. In 99% of cases, they will simply send you a letter requesting the missing documentation. Only if you fail to respond will your application likely be denied.

All too often, we hear stories of foreigners who wait until the last minute to submit the residence permit application, mistakenly thinking that missing a supporting document or two will cause problems or delay the process. We can safely call this debunked.

Your Polish Residence Permit (or visa) grants you permission to stay in Poland (and Schengen) until its date of expiration, so simple logic (and a number of misguided posts in online discussion boards) might say that this permission ends right here.

But there are other factors at play as well. If you have a passport that doesn’t require a visa to travel to Schengen, you can still utilize your 90 days of visa-free travel in Poland and/or Schengen after your visa or permit expires. In the words of the Border Guard (in translation):

The calculation of the length of stay on the visa-free regime does not take into account periods of stay allowed under a long-term residence permit or visa.

In other words, your 90-day clock starts ticking on the day your visa or permit expires. You are not required to make a “border run” to a nearby non-Schengen country in order to “activate” this visa-free clock, as commonly believed.

If you are planning to apply for a new residence permit, this means that you actually have 90 days after your visa or residence permit expires in order to submit your new application.

This myth is safely debunked for all who normally can travel Schengen visa-free. If you’re an international student or teacher and wish to spend your summer traveling Poland and the rest of Europe after concluding their semester (and your visa), you’re probably good to do this safely and legally.

It can be an uncanny feeling sitting in that legal limbo land once your visa has expired and all you have to prove that you’re legally in the country is a little stamped piece of paper from the Foreigner Office indicating the date you submitted your Residence Permit application.

But you can rest your nerves because fortunately the law is on your side, and there’s actually nothing bad that can happen if you’re questioned about your legal stay and have nothing to prove this. In the words of the Foreigner’s Office (translated and abridged):

We encourage foreigners to keep the citizenship stamp in their possession; however, all members of the police, Border Guard, and other agencies can access records of residence proceedings to verify a foreigner’s case status if they do not have a stamp.

In other words, if you get questioned and don’t have that stamped paper, an officer can (and will) simply punch your name into their system to verify your legal stay. In practice, they’ll probably do this anyway, even if you do show them the stamped paper.

It’s also important to note here that the chances of something like this happening are extremely slim. In nearly a decade of helping foreigners in Poland, we’ve heard of a grand total of zero instances of authorities randomly asking foreigners to prove their legal stay. Even in the unlikely event that you are questioned by police or arrested in connection to a crime, the chances that they will question your legal status are slim.

So we can not only label this myth as debunked, but we think it was a relatively misguided fear in the first place!

Many people mistakenly believe that having an employment-based visa or residence permit leaves you completely at the mercy of your employer. Even if you wish to amicably leave and find a new job, this is all-but-impossible, as it would mean starting again from square one, the myth goes.

This one was partially true before 2022, when a new law added a simple procedure to change one’s employer or job without having to reapply for a residence permit. Unfortunately, many blogs and forums still display outdated information on this matter.

Your new employer must still sponsor you and apply for a labor market test (if you and your job require one), and you’ll still need to submit a new abridged application form. But all in all, it’s much shorter and easier than having to start the Residence Permit application all over again. The entire process usually takes 1-2 months. And your new employer does not need to apply for a work permit.

Furthermore, you are not required to leave the country upon loss of employment, contrary to the related common myth that an employer can simply boot a foreigner out of the country by cancelling their residence permit.

What is true is that you must inform the Foreigners Office within 15 days of your loss of employment. Failure to do so can mean you will later need to reapply for a residence permit once you find a new job, as you will no longer be able to take advantage of this process.

But it won’t mean that the police will be knocking on your door and sending you home. We know this can be a scary thought, but luckily it’s just a myth that we can say is debunked.

Here’s a myth that we’ve seen leave families divided for months, even years, when people misunderstand what is a very simple procedure!

If you’ve received a job offer in Poland, acceptance to a Polish university, or anything else that you can use as the basis for legal residency, Polish law allows for your dependents (spouse and minor children) to apply for visas or residence permits using the exact same procedure as you use. We typically advise dependents to file their visa or residence permit application at the same time as the primary applicant, though this is not required.

This applies to family members of both EU and non-EU citizens who are coming to live in Poland. Though there is a catch, in most cases, spouses of non-EU citizens won’t be allowed to work without obtaining a work permit in their own right. There are a few exemptions, such as spouses of EU Blue Card holders.

We’re not sure why people believe otherwise, but your family can come with you right away if you’re moving to Poland. And they should—Poland is a great place for families!

Ah, the classic! Found a love interest across the ocean and want to join them in their country? Better put a ring on it and get married; otherwise, you won’t get a visa!

But the boyfriends and girlfriends of Poles can rejoice because in Poland, this is not the case. While it is true that only spouses are eligible for the “family member of a Polish citizen” category of residence permit, there is another category that most foreigners don’t seem to be aware of: “other circumstances.”

Though this category is intentionally left ambiguous—you can use it for just about anything as long as you can document the circumstances—the circumstance of staying with an unmarried partner is actually listed on several official websites as a common example of when this can be used.

You’ll need to prove that you’re actually staying with your partner (that is, living together) and that you’re in a legitimate relationship. You’ll also need to prove that you have financial means to support yourself or that your partner has financial means to support you, as you won’t have permission to work on this type of residence permit unless you secure a work permit separately.

And there’s more! In the words of the Foreigner’s Office:

The catalogue of circumstances due to which a foreigner may obtain this type of temporary residence permit is not closed. The foreigner must prove that there are other circumstances justifying their stay in Poland.

In our years of helping foreigners legalize their stay in Poland, we’ve helped obtain this category of residence permit for circumstances including:

• Remote work and freelancing
• Looking for work
• Staying with non-immediate Polish family members
• Informal studies
• …and much more

If you want to stay longer in Poland, it’s certainly not true that you’re limited to only a few limiting circumstances. We specialize in helping people from all walks of life make their European dreams come true and gain legal residence in Poland and the EU.

No case is too odd for us, so whether or not you think you have a chance, contact us and we’ll make some magic happen!