The passport during a permit case

When applying for a temporary residence permit, you present a valid travel document (Art. 106a para. 1 of the Act on Foreigners). You attach to the application a scan of all pages of a valid passport (Art. 106d para. 1 point 3). In the application you also give the series, the number, and the date of issue and date of validity of the passport (Art. 106 para. 1 point 1 in conjunction with Art. 13 point 17).

You must also show this passport on the voivode's summons to the office (Art. 106e para. 1 point 1). If you appear without a valid passport, the voivode discontinues the proceedings (Art. 106i para. 1 point 4). You then have to leave Poland within 30 days from the final decision on discontinuance (Art. 299 para. 6 point 1 letter a).

What to do when the passport is about to expire

  1. Check the passport's expiry date at once. A summons may arrive when the passport has already expired, and the deadline for the visit is at least 7 days from delivery (Art. 106e para. 1).
  2. Apply for a new passport at the consulate or embassy of your country before the old one expires.
  3. Notify the voivode of the new passport in the pending case and show it on the summons. The passport data is part of the application.
  4. If you cannot obtain a new passport, the Act allows, in a particularly justified case, another document confirming identity (Art. 106a para. 2). According to the MOS portal, you then attach a statement and, if possible, evidence that you cannot obtain a passport from your country of origin.

The legality of your stay after submitting the application follows from Art. 108 para. 1 point 2 and does not depend on the passport's expiry date. The problem arises when the office cannot carry out the summons. See: legal stay after submitting an application.

The passport and a valid residence card

  • Validity of the card. The residence card is valid for the period of the permit (Art. 243 para. 1 point 1). The expiry of the passport does not shorten this period.
  • Travel. The card entitles you to cross the border many times without a visa together with a travel document (Art. 242). Without a valid travel document the card alone does not give this entitlement. See: travelling with a residence card.
  • Card replacement. The list of data on the card (Art. 244 para. 1) does not include the passport number. A new passport is therefore not a reason to replace the card. The card is replaced, among other things, after a change of the data from the card (Art. 241 point 1) - see card replacement.
  • The next application. When you submit an application for a further permit, you again present a valid passport. Take care of it before the date you submit the application. See: renewal.