Have you applied for a residence permit in Poland and an official placed a distinctive red stamp in your passport? Many foreigners wonder what exactly this stamp means and what rights it grants them, especially during the long waiting period for a decision. Can you legally work based on it? Can you travel? We clarify the doubts surrounding the Voivode’s stamp in a passport.
Introduction: the mysterious stamp – Your proof of legal stay
The waiting period for a decision on a temporary or permanent residence permit (residence card / karta pobytu) in Poland can last many months. During this time, your current visa, visa-free travel period, or previous residence card might expire. The stamp in your passport plays a crucial role then, confirming that your situation is regulated and you are staying in Poland legally while awaiting the resolution of your case.
What is the stamp and when do you receive it?
The stamp (stempel or pieczątka) is an imprint placed by the Voivode (regional governor) in the foreigner’s travel document (passport). It confirms the submission of an application for a temporary residence permit, permanent residence permit, or EU long-term resident permit.
To receive the stamp, TWO key conditions must be met:
- The application must have been submitted on time: Meaning no later than the last day of your legal stay in Poland (based on a visa, previous residence permit, or within the visa-free travel period).
- The application had no formal shortcomings, or they were corrected on time: This means the application was complete (filled form, photos, passport copy, fee, etc.), or any formal defects, which the office requested you to supplement, were corrected by you within the designated timeframe.
If both these conditions are met, the Voivode places the stamp in your passport.
The stamp’s most important function: legal stay in Poland
According to Article 108(1) of the Polish Act on Foreigners, if the application for a residence permit was submitted on time and had no formal defects (or they were corrected), your stay in the territory of Poland is considered legal from the date of application submission until the day the decision in the case becomes final.
This means that even if your visa or previous residence card expires while you are waiting for the new decision, the stamp in your passport proves that you are legally staying in Poland. This protects you from being accused of illegal stay.
Can you legally work while on the stamp?
This is a question many foreigners ask. The answer is: it depends. The stamp itself is not a document authorizing work. However:
- If you applied for a temporary residence and work permit (the single permit) AND immediately before submitting the application, you were entitled to work in Poland (e.g., you had a valid type A work permit, a declaration on entrusting work, or were exempt from the work permit requirement), then you can generally continue working legally for that employer (or under the same conditions) while waiting for the decision (i.e., “on the stamp”).
- However, if you applied for a residence permit for another purpose (e.g., studies, family reunification), or if your application relates to work but you did not have the right to work before applying, the stamp alone does not grant you the right to start or continue employment. In such a situation, you would need to obtain a separate work permit or another document legalizing work.
Limitations of the stamp – What can you NOT do?
Although the stamp confirms legal stay, it has significant limitations:
Traveling within the Schengen Area and Beyond
- The stamp does NOT authorize crossing the border.
- It does NOT entitle you to travel to other Schengen Area countries. Unlike a valid Schengen visa or residence card, the stamp is a document valid only within the territory of Poland.
- If you leave Poland with only the stamp in your passport (and no other valid basis for entry, e.g., a valid visa, remaining visa-free days), you will not be able to return to Poland or enter another Schengen country based on it. You would need to apply for a new visa at a Polish consulate abroad.
The Stamp is Not a Visa or a Residence Card
The stamp is merely confirmation of a pending application and the legality of stay within Poland during the proceedings. It does not replace a visa or residence card in the context of travel or crossing borders.
No stamp – what does it mean?
If you did not receive a stamp in your passport, it might mean that:
- You submitted the application late (after your legal stay expired).
- Your application had formal defects that you did not correct on time.
- You submitted the application while staying illegally. In such situations, your stay in Poland is (or becomes) illegal, which carries serious consequences.
Maria’s story: the stamp brings peace of mind, but not a ticket to Berlin
Maria submitted her application for her first residence card a week before her visa expired. The official checked the documents and put the stamp in her passport. Maria breathed a sigh of relief, knowing she could legally stay in Poland and continue her job. Her friend told her, “Great, now while you wait, you can pop over to Berlin for the weekend!” Fortunately, Maria decided to check this and learned from a lawyer that the stamp only legalized her stay in Poland and absolutely did not allow travel to Germany and back. She had to wait for her residence card to be issued to travel freely within the Schengen Area.
Summary: the stamp is important protection, but with limitations
The Voivode’s stamp in your passport is an extremely important element of the residence permit application procedure. It guarantees the legality of your stay in Poland while awaiting the decision and, under certain conditions, allows you to continue working. However, remember its crucial limitation – the inability to travel outside Poland. Always make sure you understand your legal status and the associated rights and restrictions.
Have questions about your stamp? Unsure if you can legally work or what your travel options are? Contact our law firm. We will help you understand your status and the procedures related to staying in Poland.
