BASIC DETAILS ABOUT TEMPORARY RESIDENCE PERMIT IN EUROPE

The residence card is a form of temporary residence permit (TRP). We exclusively provide lawful avenues for acquiring this card. It is imperative to have employment or another legitimate reason for obtaining the card, and we strictly refrain from the sale of documents. Every client is required to successfully complete a complimentary entrance examination.

Residence card - a comprehensive guide to temporary residence permits.

A residence card, which is a temporary residence permit, stands out as the preferred application for extending one's stay in a European country among foreigners. Temporary stay can be sought for various reasons, with work being the most prevalent. This article aims to provide a comprehensive overview of the intricate process of acquiring a temporary residence permit.

Foreigners intending to stay in Europe for more than three months are mandated to obtain a residence permit. The primary type of residence permit discussed here is the temporary residence permit, typically granted for up to three years. However, the duration of the permit may vary depending on the specific grounds outlined in the application.

Outlined below are the five most common grounds for applying for a temporary residence permit:

  1. Employment in a high-skilled occupation.
  2. Commencing or continuing employment in a European country (when engaged by a company).
  3. Engaging in business activities in a European country.
  4. Commencing or continuing studies in a European country.
  5. Visiting family members who are European citizens or family members of a foreigner.

The list of eligible grounds is inclusive, implying that if the specific reason for your application is not explicitly mentioned and you can substantiate its significance, there remains a possibility of acceptance, increasing your chances of obtaining a temporary residence permit.

Crucial Note:
The application for a temporary residence permit must be submitted while you are legally present in Europe. Upon acceptance of your application by the appropriate Voivodeship Officer, a stamp will be affixed to your passport, confirming your application for a temporary residence permit. This stamp legitimizes your stay in the European country, even if your visa or previous temporary residence permit has lapsed.

Upon a positive decision, you will be issued a residence card, serving as documentation of your temporary residence permit. In case of a negative decision, you have the option to appeal within 14 days. Details on how to appeal a negative decision will be provided in the subsequent post.

Your stay in the European Country is considered legal after the application is submitted, provided two essential conditions are met.

If the request for a temporary residence permit is submitted in a timely manner (no later than the last day of legal stay in the European Country) and the application doesn't contain any "formal deficiencies" or if such issues are rectified within the stipulated time, the voivode imprints a stamp in the foreigner's travel document, confirming the application's submission. The foreigner's stay is deemed legal from the application date until the day the final decision regarding the temporary residence permit is issued.

It's important to note that the stamps in the passport do not grant the right to travel within the Schengen Area. A stamped passport allows the foreigner to stay only in the country where they applied for a Temporary Residence Permit (TRP). It does not authorize them to stay or travel to other Schengen countries. While the foreigner can return to their home country, reentry to the European country requires obtaining a visa or utilizing the opportunity to enter the visa-free regime (in which case, possessing a biometric passport is necessary).

The voivode's decision to grant a temporary residence permit is typically issued no earlier than one month after the start of the examination. This delay is attributed to the need to assess evidence and gather information about foreigners from various entities such as the Border Guard, the Voivodship Police Headquarters (for residence checks), and the Internal Security Agency (to assess if the foreigner's presence poses a threat to public defense or order).

The process of obtaining a Residence Card, which represents a temporary residence permit, involves a considerable wait time due to the extensive queue for document submissions across the country. The duration of obtaining such a permit can range from 3 to 12 months, contingent on the specific voivodeship. The varied timeline is a result of the high volume of cases concurrently managed by the voivode concerning foreigners.

The list of required documents during the visit to the Voivodeship Office includes:

  1. Completed application for temporary residence.
  2. Four recent photos with dimensions of 35 mm x 45 mm.
  3. Photocopy of the valid travel document (original for inspection).

Depending on the specific type of temporary residence permit, the required documents for processing the application include:

1. Information about the headman responsible for the foreigner's primary workplace, evidence of the employer's inability to fulfill staffing needs based on registers of unemployed and job seekers, or negative results from employer-organized recruitment processes (employment).
 
2. Documents verifying sources of stable and regular income sufficient to cover living expenses for oneself and dependents (e.g., family members), meeting the stipulated financial criteria (e.g., above 634 PLN per month for an individual, 514 PLN per month for a family member) – examples include relevant agreements (for work or family stay).

3. Documents confirming official medical insurance as per the law of August 27, 2004, on public health services funded from public funds, or proof of coverage for treatment expenses by an insurer in the European country – examples include certificates from ZUS or insurance policies (various permits).

4. Documents confirming ownership of the place of residence, such as a residence permit, apartment lease agreement, or a statement from the property owner allowing the foreigner to reside there (various permits).

5. Report on the income (loss) amount in the tax year – PIT-37 (applicable if the foreigner engaged in work in previous years) (employment).

6. Confirmation from the university regarding the commencement or continuation of studies, or admission to a preparatory course (study).

7. Documents confirming the availability of adequate financial resources to cover living expenses, return to the home country, and study costs (study).

8. Document confirming the initiation or continuation of research activities (science).

9. Diploma from a Polish University (applicable for graduates seeking employment).

10. Current certificate of civil status (family stay).

11. Birth certificate of a child (family stay).

12. Documents related to economic activities, such as the company's contract, balance sheet with the current profit and loss statement, documents verifying achievements in the tax year before the application, and income not less than the twelfth frequency of the average salary in the third quarter of the year before application (entrepreneurial activity).

13. Agreement with a scientific group based in the European country for the acceptance of a scientist to implement a research project (science).

14. A written statement from the scientific unit committing to cover the scholar's stay and return costs within the European country (science).

15. Documents confirming cooperation with the competent authority for trafficking in persons cases (victims of trafficking).

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