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When must I apply for a Polish residence permit, and is my stay legal while I wait?

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You must apply for a Polish temporary residence permit no later than the last day of your legal stay. If you apply on time and the application is complete, or you fix its gaps in time, your stay counts as legal until the decision becomes final. Instead of a passport stamp, you now get a certificate through MOS.

Key facts

What The law says Source
Deadline to apply No later than the last day of your legal stay in Poland Act on Foreigners, art. 105(1)
Your stay while you wait Legal from the day you file until the decision becomes final, if you filed on time and the application has no formal gaps or you fixed them in time Act on Foreigners, art. 108(1)(2)
Exception The rule above does not apply if the case is suspended at your request Act on Foreigners, art. 108(2)
Proof you applied A certificate (zaświadczenie) confirming the application, not a passport stamp; no fee; delivered through MOS Act on Foreigners, art. 108(1)(1), (5)–(7)
Since when 27 April 2026 MSWiA notice, M.P. 2026 poz. 370
What the permit is for A stay longer than 3 months; granted for up to 3 years Act on Foreigners, art. 98(1)–(2)

Apply before your visa or visa-free stay ends

The law sets one hard deadline: the last day of your legal stay in Poland (art. 105(1)). The Office for Foreigners’ MOS FAQ adds that you should file in MOS early enough to be sure you make it, and not leave it to the last moment.

What protects you while the case runs

Art. 108(1) of the Act on Foreigners says that if you kept the deadline and the application has no formal gaps, or you fixed them within the time given, your stay in Poland counts as legal from the day you file until the decision becomes final. This does not apply if the proceedings are suspended at your own request (art. 108(2)).

Certificate instead of a stamp

The voivode used to stamp your passport to confirm the application. The amended art. 108(1)(1) replaces the stamp with a certificate confirming the application; the Minister of the Interior’s notice of 10 April 2026 set 27 April 2026 as the date this applies. The law says the certificate is free and is delivered through MOS; it can also be handed to you at your personal appointment at the voivodeship office.

The MOS FAQ says no certificate is issued if the application was not filed correctly during your legal stay, and that the certificate cannot be used to travel outside Poland or to come back.

Sources

  1. Ustawa z dnia 12 grudnia 2013 r. o cudzoziemcach (Act on Foreigners), unified text by the Chancellery of the Sejm based on Dz.U. 2025 poz. 1079, 1794 and 2026 poz. 203 checked 2026-10-25
  2. Komunikat Ministra Spraw Wewnętrznych i Administracji z dnia 10 kwietnia 2026 r. (Monitor Polski 2026 poz. 370): MOS provisions apply from 27 April 2026 checked 2026-10-25
  3. MOS (Office for Foreigners case portal): Pytania dotyczące procedur (procedural FAQ) checked 2026-10-25

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This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.