Foreign nationals applying for temporary residence permits in Poland increasingly face practices that, according to the Association of Business Service Leaders (ABSL), lack a clear legal basis. These practices make issuing a residence application stamp in the passport conditional on presenting “proofs of physical presence in Poland” on the application day, such as public transport tickets, store receipts, or ATM withdrawal confirmations.

As emphasized by Michał Wysłocki, ABSL’s migration law expert and Senior Manager at EY Poland, Polish legislation clearly defines the legal consequences when a foreigner is absent in Poland on the date of submitting a residence application. The consequence is the refusal to initiate proceedings under Article 99 of the Act on Foreigners, without adding informal requirements such as private documents. “There is no legal provision authorizing an authority to demand receipts or transport tickets as a condition for placing a stamp under Article 108 of the Act on Foreigners,” Wysłocki points out.

From ABSL’s perspective, the core problem lies not only in the nature of the requested documents but mainly in unlawfully shifting the burden of proof onto the foreign applicant. Under administrative proceedings principles, the authority - not the applicant - must establish the facts and gather necessary evidence, especially if it plans to refuse to initiate proceedings. Any unresolved factual doubts, especially about legal powers, should be resolved in favor of the individual.

The absence of a passport stamp has tangible consequences for the labor market. The stamp confirms the legality of a foreigner’s stay in Poland until proceedings conclude, which may take months or years. Without it, employers face uncertainty about an employee’s residence status and increased legal risk. This directly affects decisions on employment continuity and business operations.

For this reason, ABSL submitted a formal intervention letter to the Pomeranian Voivodeship Office, calling for an immediate end to conditioning the stamp on non-statutory “proofs of presence” or, alternatively, for the authority to explicitly identify the legal basis for such requirements. ABSL also appealed for a uniform and predictable nationwide practice aligned with statutory provisions and the principle of trust in public administration.

As Michał Wysłocki concludes, this is not about isolated cases but a systemic approach to residence legalization procedures in Poland. “The law provides a coherent mechanism for verification and procedural consequences. Replacing it with informal substitutes such as receipts or tickets leads to legal uncertainty for both foreigners and employers,” he stresses.

ABSL remains open to continued dialogue with public authorities and is committed to actively contributing to solutions that ensure compliance with the law while safeguarding legal certainty for companies operating in Poland and employing highly qualified foreign professionals.