What the Certificate Lets You Do (and Not Do)
| While your TRC is pending | On the certificate alone? |
|---|---|
| Stay in Poland legally | Yes, from the day you filed until the decision is final |
| Work | Only if you applied for a residence-and-work permit and were already working legally for the same employer |
| Travel in Schengen, or leave and return | No, the certificate is valid only inside Poland |
| Public healthcare (NFZ) | Only if you pay contributions through ZUS from work |
Your Stay Is Legal: What the Certificate Actually Does
This is the one rule worth memorising. If you submitted your temporary residence application before your legal stay ran out, and the application had no formal defects (or you fixed them in time), your stay counts as legal from the day you filed until the day the decision becomes final. If you appeal a refusal, that legal stay runs through the appeal too.
The protection is written into Article 108 of the Act on Foreigners: your stay is considered legal from the day of submitting the application until the day the decision on the temporary residence permit becomes final. An expired visa in your passport is not a problem by itself, as long as you hold the confirmation that your application is filed and pending. Border Guard, employers, and ZUS all recognise this document.
The safe way to think about it: the certificate is permission to remain in Poland, and nothing more. Almost every problem people run into while waiting comes from assuming it does more than it does.
The “Stamp” Is Now a Certificate (MOS 2.0)
For years the confirmation was a physical stamp (odcisk stempla) that the voivode put in your passport at the office. Since 27 April 2026, applications for temporary residence, permanent residence, and long-term EU resident status must be filed online through MOS (Modul Obslugi Spraw) at mos.cudzoziemcy.gov.pl. Paper applications that did not reach the office before that date are not processed. Our MOS filing guide walks through the system.
You submit online. The application counts as filed the moment it is sent to the voivodeship office, and you immediately receive an Official Receipt (UPO).
An officer accepts it. After the review you download and print a certificate confirming the application was filed (zaswiadczenie o zlozeniu wniosku). This certificate now proves your legal stay, replacing the old stamp.
You give biometrics in person. Fingerprints, a signature sample, and your original passport are still provided at the office when the voivode summons you.
Keep the printed certificate and the UPO with your passport. Together they are your proof of legal residence until the decision arrives. One caution: there can be a gap between sending the application and receiving the accepted certificate, so keep your current visa or visa-free stay valid in the meantime.
Can You Work While You Wait?
Sometimes. The certificate by itself is not a work permit. Whether you can work during the wait depends on what you were allowed to do before you applied.
You can usually keep working if all of this is true:
You applied for a single temporary residence and work permit (zezwolenie na pobyt czasowy i prace).
You filed on time, during legal stay, with no formal defects, so the Article 108 legal stay applies.
You were already working legally for that employer right before you applied, on a valid work permit, a registered employer’s statement (oswiadczenie), or an exemption.
If that describes you, the law lets you continue that specific job, for the same employer, on the same position and terms, until the decision is issued. Change the employer, the role, or the conditions and the protection falls away. You also cannot rely on the certificate to work if you were not authorised to work before applying, or if you applied for a permit that does not include work, such as some study or family routes. Illegal work carries real penalties for both you and the employer, so confirm your exact situation with your employer’s HR or an immigration lawyer, and see our document checklist.
Can You Leave Poland and Come Back?
This is the most expensive mistake foreigners make while waiting. The certificate (and the old stamp) is valid only inside Poland. It does not authorise crossing the border, and it does not let you travel elsewhere in the Schengen area. If you leave Poland with only that certificate and nothing else, you cannot use it to re-enter Poland or any Schengen country.
If your visa or visa-free days are still valid: you can travel on that basis. Watch the dates, because once they run out you may not get back in while the case is pending.
If you only hold the certificate: staying in Poland until your card is issued is the safe move. To return after leaving you would generally need a new visa from a Polish consulate abroad, which takes time and is not guaranteed.
Leaving does not cancel your application, but it can strand you outside Poland for the rest of the process. If you have a genuine emergency abroad and only the certificate, speak to a lawyer before you fly.
Don’t Lose the Case by Going Quiet
Answer every wezwanie (official request) on time. If the office asks for a document or calls you for biometrics and you miss the deadline, your case can be left unexamined (pozostawienie bez rozpoznania), and the legal stay attached to it falls away.
Keep your address and contact details current in MOS and with the office.
Save everything: the UPO, the certificate, and proof of anything you send.
Everyday Life While You Wait
Health insurance. If you work and pay contributions through ZUS, you and your registered family are covered by the NFZ. If you are not working, arrange voluntary NFZ or private insurance. A pending application does not give you public healthcare on its own.
PESEL and banking. Most people already have a PESEL from earlier work or registration; the wait does not remove it, and banks keep serving existing customers.
Renting and contracts. Your stay is legal, so a pending case is not, on its own, a lawful reason for a landlord or employer to end a normal agreement.
How Long Is the Wait, and What If It Drags On?
By law, the voivode has 60 days to decide a temporary residence case (Article 112a of the Act on Foreigners), and an appeal has 90 days. In practice the clock only starts once your file is complete and biometrics are done, and waits of several months to more than a year are common in busy regions. Our processing times guide breaks down what to expect by voivodeship.
If your case has clearly passed the deadline, you are not powerless. A free ponaglenie, and if that is ignored a 100 PLN complaint to the administrative court, can force the office to move. We cover the full process in how to speed up your TRC.
Frequently Asked Questions
Is my stay legal after my visa expires but before I get the card?
Yes, if you filed on time during legal stay and the application had no formal defects. Under Article 108, your stay is legal from the day you applied until the decision is final. Keep the MOS certificate and UPO with your passport as proof.
Do I still get a stamp in my passport in 2026?
Usually not. Since MOS became mandatory on 27 April 2026, the old physical stamp is replaced by a certificate you download and print from MOS after the office accepts your application.
Can I travel to another Schengen country while my TRC is pending?
Not on the certificate, which is valid only in Poland. You can travel only if you still hold a valid visa or visa-free days, and even then re-entry becomes risky once they run out.
Can I work while I wait?
Only if you applied for a residence and work permit on time and were already working legally for the same employer just before applying. The certificate alone does not authorise work, and changing employer breaks the protection.
What happens if I leave Poland during the process?
Your application stays open, but with only the certificate you may not be able to re-enter Poland or Schengen. You would usually need a new visa from a Polish consulate to return.
How long does the decision take?
The statutory limit is 60 days for a temporary residence permit, though real waits are often much longer. See our processing times guide, and if it drags, our acceleration guide.
Sources: Act on Foreigners Art. 108 and Art. 112a; Office for Foreigners (UDSC) information on the MOS system; Zielona Linia guidance on work while awaiting a single permit; voivodeship information portals for foreigners.
Last updated: August 2026 – covers the MOS certificate that replaced the passport stamp, and the work and travel limits while a case is pending. Part of TRC Guide.
Waiting longer than the 60-day deadline? See how to speed up your TRC, or compare firms in our ranking of the top 10 TRC services in Poland.
Last updated: August 2026. Part of TRC Guide — free, independent immigration information.