Introduction
As a general rule, the condition for conducting administrative proceedings regarding the granting of a residence permit in Poland is that the foreign national must appear in person at the office of the authority reviewing the case.
If a foreign national submits an application for a residence permit via the MOS, the provincial governor summons the foreign national to appear in person within a period of no less than 7 days.
Except as provided by law, the foreign national must appear at the provincial office as summoned and fulfill the additional requirements of providing fingerprints and a signature sample, presenting a valid travel document, and providing proof of occupancy of the premises — in the case of an EU long-term resident’s residence permit.
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If the law imposes the above obligations on a foreign national and they fail to fulfill them, the provincial governor will discontinue the proceedings regarding the granting of a residence permit. |
Regulations
- Act of December 12, 2013, on Foreigners (Articles 106e, 106h, 106i, 203e, 203h, 203i, 219e, 219h, 219i);
- Act of June 14, 1960 – Code of Administrative Procedure.
Detailed explanation
| From the date.... submitting an application for a residence permit toes not require the foreigner to appear |
The foreigner submits the application, with certain exceptions, in person in electronic form via the MOS portal. If the foreigner is a minor, the application is submitted by their parent(s) or appointed
After downloading the application submitted electronically, the voivode summons the foreigner to appear in person at the office for the purpose of:
- presentation of a valid travel tocument (or another document confirming his/her identity, in the event that he/she does not hold a current travel document and it is not possible to obtain one), and in the case of an EU long-term resident permit, the presentation ofalso the legal title to the premises, w którym a foreigner będzie zamieszkiwał;
- submitting fingerprints;
- submission of a signature specimen.
When summoning a foreigner, the Voivode sets appointment date no shorter than 7 days from the date of delivery of the summons.
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At the same time, the voivode may also summon the foreigner to:
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O ile wojewoda nie pozostawi wniosku bez rozpoznania or go nie zwróci, will discontinue the proceedings in the situation where the foreigner:
- toes not appear for the appointment in the voivodeship office, in accordance with the summons;
- appears in response to the summons, but does not perform the action to which they were summoned.
- minors under the age of 6;
| ⇒ A parent, guardian or curator who submitted the application in MOS on behalf of the minor must appear at the voivodeship office when summoned to present the travel tocument of the minor foreigner. The minor may, but is not required to, accompany them during this activity. |
- persons who due to illness or disability are unable to fulfil this obligation;
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⇒ An illness or disability preventing personal appearance must be confirmed by a medical certificate. It must be issued by the relevant specialist toctor no earlier than 3 months before the application is submitted. ⇒ Exemption from the obligation to appear at the office toes not mean automatic exemption from the remaining obligations, provided for in regulations, related to submitting an application in MOS. |
Persons who are exempt from the obligation to appear in person fulfil the obligation to present a travel tocument by:
- the parent or legal guardian of the minor foreigner (under 6 years of age) appears on the date and at the place indicated, in accordance with the voivode's summons, in order to present the minor's valid travel tocument;
- a person who is exempt from the obligation to appear due to illness or disability:
- sends to the provincial office in paper or electronic form a copy of the travel tocument, in accordance with the voivode's summons;
- submits a paper copy of this tocument at the registry office using the assistance of a representative or third party, in accordance with the voivode's summons.
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⇒ If the foreigner toes not have a valid travel tocument and it is not possible to obtain one, they should proceed analogously with the identity tocument they hold. At the same time, they should attach a statement and, if possible, evidence confirming that they cannot obtain a travel tocument from the country of origin. ⇒The compliance of a copy of a tocument with the original must be confirmed by a notary or through a proxy appearing in the case (provided they are an attorney or legal adviser). |
- minors under the age of 6;
- persons from whom taking fingerprints is not physically possible;
- persons who due to illness or disability are unable to appear at the voivodeship office.
| ⇒ An illness or disability preventing personal appearance must be confirmed by a medical certificate. It must be issued by the relevant specialist toctor no earlier than 3 months before the application is submitted. |
- minors under the age of 13;
- persons who due to disability are unable to fulfil this obligation;
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⇒ Sick or disabled persons who are able to sign but whose illness or disability prevents them from visiting the voivodeship office submit a handwritten signature specimen on a special form, which they send by post or submit at the correspondence office of the voivodeship office through a proxy. ⇒ The form is available for townload in Step 3. – Submit the application online in the "Other applications" panel. |
