PESEL number for a foreign national – a mere need is not enough
The Polish Population Register Act treats the PESEL number as an element of the population register system rather than as an independent residence entitlement. In practice, foreign nationals need a PESEL number to deal with public authorities, employers, banks, or to gain access to electronic public services and other ICT systems.
This does not mean, however, that a PESEL number may be obtained merely because it would be convenient to have one.
As a rule, a foreign national may obtain a PESEL number under one of three procedures. The first is the automatic assignment of a PESEL number, most commonly in connection with registering a permanent or temporary place of residence in the territory of the Republic of Poland. The second is the assignment of a PESEL number upon application, but only where the foreign national belongs to a category of persons who are required, under separate legal provisions, to possess a PESEL number. The third is a special procedure applicable to beneficiaries of temporary protection.
The Population Register Act distinguishes between two important categories of persons. The PESEL register includes, among others, data relating to foreign nationals residing in the territory of the Republic of Poland. Separately, the register may also contain data relating to persons who are required, under separate legal provisions, to possess a PESEL number.
This distinction is of fundamental practical importance. A foreign national who is subject to the obligation to register their place of residence should, as a rule, obtain a PESEL number in connection with such registration. By contrast, a foreign national who cannot (or does not wish to) register their residence in Poland must demonstrate a separate legal basis establishing the obligation to possess a PESEL number.
PESEL upon application – when does Article 18 apply?
Article 18 of the Population Register Act applies to the persons referred to in Article 7(2), namely persons who are required, under separate legal provisions, to possess a PESEL number. The application must be submitted in paper form, bearing the applicant’s handwritten signature, to any municipal authority.
The most important element of such an application is the identification of the legal basis. The Act requires the application to contain documented personal data together with an indication of the legal basis from which the obligation to possess a PESEL number arises.
If the application does not satisfy these requirements, the authority will request that the deficiencies be remedied within seven days, informing the applicant that failure to do so will result in the application being left unexamined.
The application should identify the specific legal provision establishing the obligation to possess a PESEL number. One example is tax-related purposes. The Ministry of Finance has indicated that foreign nationals may apply for a PESEL number for tax purposes by relying on the relevant provisions of the Act on the Principles of Registration and Identification of Taxpayers and Tax Remitters.
What should a proper application contain?
A properly prepared application for the assignment of a PESEL number to a foreign national should include in particular:
- identifying details of the foreign national;
- the applicant’s handwritten signature;
- an identity document;
- documents confirming the information provided in the application;
- identification of the specific legal basis giving rise to the obligation to possess a PESEL number.
Important: In the case of foreign nationals who do not fall within the categories specified in Article 18(1a), personal appearance at the municipal office is also required.
The most common mistakes when applying for a PESEL number
The most common mistake is applying under Article 18 even though the foreign national should obtain a PESEL number on a different legal basis. Another common mistake is failing to indicate a specific legal basis and referring only to a practical need or treating the PESEL number as a document legalizing residence.
It should be remembered that a PESEL number does not legalise a foreign national’s stay in Poland. It serves solely as an identifier within the population register system. If a foreign national does not have a lawful basis for staying in Poland, the assignment of a PESEL number does not remedy that situation.
Therefore, if you are a foreign national wishing to obtain a PESEL number:
- for tax purposes;
- to gain access to the Trusted Profile (Profil Zaufany);
- to manage an account in the BDO System;
- or for any other legally justified reason,
please contact our Team.
We will prepare a complete application on your behalf and take care of all the necessary formalities in Poland.
