Can I stay in Poland while my residence application is pending?

Question

I submitted my temporary residence application but have not received a decision yet. Am I staying legally in the meantime?

Auranik Consulting & Management · Accepted Answer

## Short answer
Generally yes. Under Art. 108 of the Act on Foreigners, your stay is considered legal from the day you submit a temporary residence application until the decision becomes final -- provided the application was filed on time and any formal deficiencies were corrected within the required deadline.

## What this depends on
Both conditions matter: the application has to have been filed within whatever deadline applied to your situation, and if the office asked you to fix something (a missing document, an incomplete form), you needed to do that within the time given.

## Documents / steps
The voivode issues a digitally-signed certificate (zaświadczenie) confirming the application was filed, delivered via MOS, at no fee. Keep this certificate -- it's your proof of legal stay during the pending period.

## Important exception
Do not confuse this Act-on-Foreigners provision with an unrelated Code of Administrative Procedure article that happens to share the same number -- they govern completely different things.

## Official source
Act on Foreigners (2013), Art. 108, directly verified.

## Related Auranik tool
[Find My Procedure](/poland/immigration/check) if you're unsure which application deadline applied to you.

Can I stay in Poland while my residence application is pending?

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