Temporary residence permits due to other circumstances (due to the rights arising from Decision 1/80 of the Association Council of the Republic of Turkey and the EEC)

Introduction

Citizens of the Republic of Turkey who exercise special rights to work in Poland may apply for a special temporary residence permit dedicated to them.

These powers derive from Decision No. 1/80 of the Association Council of the Republic of Turkey and the EEC of 19 September 1980 on the development of the Association, which was set up by the Agreement establishing an Association between the European Economic Community and Turkey, signed in Ankara on 12 September 1963.

On this basis, a citizen of the Republic of Turkey:

• after 1 year of legal employment, they continue to work for the same employer, as long as their position has been retained;

• after 3 years of legal employment with the same employer, they have the right to work in the same profession with any employer (subject to the priority of Citizens of the Republic of Poland/ EU);

• after 4 years of legal employment on the terms indicated above, they enjoy free access to any paid work, thus they can take up any work on the territory of the Republic of Poland without the need to have a work permit.

Go to the section: Performing work (Performing work by citizens of the Republic of Turkey) to learn more about the rules for the use of the above-mentioned rights.

A temporary residence permits due to other circumstances granted due to the purpose of stay, referred to in Article 186(1)(5) of the Act of 12 December 2013 on foreigners, is a type of temporary residence permit, i.e., a permit entitling to stay on the territory of the Republic of Poland for a specified period.

This permit is not granted to all citizens of the Republic of Turkey whose purpose of stay is to perform work in Poland, but only to those who have access to the Polish labour market under Article 6 and Article 7 of the above-mentioned Decision No. 1/80, and the fact of performing work justifies their stay in Poland for a period longer than 3 months.

This permit is granted as an administrative decision by the voivode competent for the foreigner's place of stay, and in the case of appeal proceedings - by the Head of the Office for Foreigners, for the period necessary to achieve the purpose of stay - at least for a period of more than 3 months, but not longer than 3 years.

This permit is not automatically renewed - a foreigner interested in the continuation of stay in Poland before its expiry should apply for a temporary residence permit, e.g. another temporary residence on the same basis and work permit, or an indefinite permit (i.e. a permanent residence permit or an EU long-term resident permit), provided that they meet the requirements for granting it.

Remember!

• If you intend to apply for a permit referred to in Article 186(1)(5) of the Act on Foreigners, in the application for a temporary residence permit, tick the box: "Other circumstances" and specify these circumstances below by giving, for example, "the right to perform work in Poland on the terms set out in Decision No. 1/80 of the Association Council of the Turkish Republic and EEC of 19 September 1980" or "entitlement to work by Turkish nationals".

• If you have not acquired the rights resulting from the above-mentioned Decision No. 1/80 of the Association Council of the Republic of Turkey and the EEC, you can still legalize your stay in Poland in connection with the intention to take up or continue employment. You will do it on a general basis. Read the information on temporary residence permits granted in connection with work.