I applied for a residence card – is my stay still legal?

Submitting a residence permit application can let a foreign national keep their legal stay in Poland while the case is being processed, but this does not happen automatically or in every situation. As of 27 April 2026, applications for a temporary residence permit, a permanent residence permit, and EU long-term resident status are submitted electronically through the MOS – Case Handling Module.

Who is this article for?

This material is intended for foreign nationals who:

• have submitted an application for temporary residence;
• have submitted an application for permanent residence;
• have submitted an application for EU long-term resident status;
• are waiting for the voivode’s decision;
• do not yet have a residence card;
• have received a request to complete their documents;
• are wondering whether they can keep working;
• are planning to leave Poland while proceedings are ongoing;
• do not know what the MOS certificate is;
• remember the earlier procedure that used a passport stamp.

1. What changed as of 27 April 2026?

The most important change is the move to electronic submission of residence applications through MOS. For the main residence permits, a foreign national submits the application through their own MOS account and confirms it using the appropriate authentication method.

The application must be submitted by the foreign national in person. A representative may help prepare the documents, but cannot replace the foreign national when the application itself is submitted.

2. When does submitting an application keep your stay legal?

For your stay during proceedings to be considered legal, three elements matter most:

3. From which day is your stay legal based on a submitted application?

If the necessary conditions are met, your stay is considered legal from the day the application was effectively submitted. This legality can last until the decision in your case becomes final.

4. What does the certificate issued by MOS confirm?

As of 27 April 2026, the voivode issues a certificate after checking, among other things, whether the application was submitted during legal stay and whether it contains no formal deficiencies, or whether any deficiencies were corrected on time. MOS sends the certificate, and it is available in the foreign national’s account.

• download it and keep it somewhere safe;
• keep an electronic copy;
• keep it together with your confirmations from MOS;
• show it together with your other documents whenever needed.

5. Is a case number alone enough?

No. A case number confirms that proceedings have been registered, but it does not automatically mean that every condition for legal stay has been met. A case number:

• does not show whether the application was submitted on time;
• does not confirm that your stay was legal at the time;
• does not confirm formal completeness;
• does not confirm that deficiencies were corrected;
• does not replace the certificate from MOS.

6. Is simply sending the form through MOS enough?

Not always. You need to distinguish between starting to fill in the form, saving a draft, confirming the application, effectively submitting it, and completing the subsequent required steps.

7. What should you do if the office asks you to correct deficiencies?

Do not ignore the request. Once you receive the letter, you need to check:

• exactly what the office is asking for;
• whether it concerns a formal deficiency or a substantive document;
• what the deadline is and when it starts running;
• how the document needs to be delivered;
• whether the document requires a signature, a translation, or an original.

8. Is your stay legal throughout proceedings, right up to the decision?

As a rule – provided the necessary conditions are met – legality can last until the day the decision becomes final. This is not always simply the day the voivode signs the decision. What also matters:

• delivery of the decision;
• the deadline for filing an appeal;
• filing an appeal;
• the second-instance authority’s ruling.

9. Does legal stay during proceedings let you travel within Schengen?

You should not assume so. The legality resulting from a submitted application concerns, above all, your stay within Poland’s territory. It is automatically neither a new Schengen visa nor a new residence card. Before travelling, check:

• whether you have a valid visa;
• whether you can rely on visa-free travel;
• how many days you have left within the 90/180 limit;
• whether you have a valid residence document;
• whether the destination country will let you enter its territory;
• whether you will be able to re-enter Poland after leaving.

10. Can I travel to my home country?

Physically leaving Poland is possible, but returning can become a problem. If your visa, residence card, or ability to rely on visa-free travel expired during the proceedings, the MOS certificate alone may not be a basis for re-entry.

11. Does submitting the application mean I can keep working?

Not always. Legal stay and the right to work are two separate matters. Your right to work depends, among other things, on your previous basis of employment, the type of application submitted, the document legalising your work, continuity of employment, your employer, and any special provisions.

12. I changed employer after submitting my application – what now?

Changing employer during proceedings may require additional steps. Depending on the type of case, you need to check:

• whether the change requires updating your documents;
• whether new attachments need to be submitted;
• whether the main purpose of your stay has changed;
• whether the new job is legal;
• whether the voivode has been informed;
• whether a new application or a change to the permit is needed.

13. I changed address – do I need to do anything?

You should take this change seriously. If the office sends correspondence to an outdated address, a foreign national may miss a request, a deadline, a decision, or the need to complete documents. Under the new system, it is also especially important to monitor the electronic channels linked to MOS and e-Doręczenia.

14. I haven’t received my certificate yet – does that mean my stay is illegal?

You should not draw that conclusion simply because you have not received a certificate. You need to check:

• when the application was submitted;
• whether it was submitted during legal stay;
• whether it is complete;
• whether the office is waiting for deficiencies to be corrected;
• what status is shown in MOS;
• whether the certificate has already been generated or delivered.

15. What evidence should I keep about my situation?

• a valid passport;
• your previous visa or residence card;
• the decision, if one has already been issued;
• confirmation that the application was submitted;
• the certificate from MOS;
• any requests received;
• confirmation that documents were completed;
• proof of payments;
• employment-related documents;
• correspondence with the office.

16. Most common mistakes after submitting your application

• “It’s in MOS, so it’s sorted”: After submitting, you still need to keep monitoring your case.
• Not checking for the certificate: The certificate is now the key document confirming the application was submitted correctly.
• Ignoring a request: Not responding can have serious consequences.
• Confusing legal stay with the right to work: These are two separate matters.
• Leaving Poland without checking re-entry: The certificate is neither a residence card nor a visa.
• Not updating your address: This can lead to correspondence problems.
• Assuming a case number is enough: A case number does not confirm every condition for legal stay.
• Not monitoring MOS: The MOS account is one of the main places where your case is handled.

17. Checklist after submitting your application

• ✅ Was the application effectively submitted through MOS?
• ✅ Was my stay legal on the day of submission?
• ✅ Do I have proof of the submission date?
• ✅ Does the application contain no formal deficiencies?
• ✅ Have I received my certificate?
• ✅ Am I monitoring my MOS account?
• ✅ Am I receiving correspondence?
• ✅ Have I completed every request on time?
• ✅ Is my work still legal?
• ✅ Have I avoided changing employer without checking the consequences?
• ✅ Does the office know my current address?
• ✅ Did I check whether I can re-enter before leaving?
• ✅ Do I know what stage my case is at?

Summary

Submitting a residence permit application can protect your continued legal stay in Poland, but only when the relevant conditions are met.

• as of 27 April 2026, the main residence applications are submitted through MOS;
• the application must be submitted while your stay is legal;
• it must meet the formal requirements;
• formal deficiencies must be corrected on time;
• the voivode issues a certificate instead of a new passport stamp;
• your stay can be legal from the day the application is effectively submitted until the decision becomes final;
• the certificate is neither a visa nor a residence card;
• legal stay does not automatically mean the right to any job;
• check whether you can re-enter before you leave.

Applied for a residence card and not sure whether your stay is still legal?

Aktywator Biznesu can review the date and manner of your submission, your previous basis of stay, your MOS certificate, any requests and correspondence, your current work situation, and any planned travel and return to Poland. Service in Polish, English, and Ukrainian. Remote working hours: 8:00 AM – 8:00 PM. Phone +48 500 851 891, biuro@aktywatorbiznesu.com.

Previous article in the series: When Should You Submit a Residence Application to Avoid Losing Legal Stay?

Next article in the series: MOS Certificate – What Does It Confirm and What Does It Not Authorize?

Official sources:

• Office for Foreigners – information on MOS and certificates confirming submitted applications
• MOS portal – FAQ and instructions for submitting applications
• National Labour Inspectorate – legal stay and legal employment