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RESIDENCE OF FOREIGNERS IN POLAND

 

Any person that does not have Polish citizenship is a foreigner. The documents proving Polish citizenship are either a Polish passport or an identity document (ID).

 


1. Entry and stay conditions for Third Country Citizens (as defined below)

 

The principal document governing various issues of the foreigners' entry into, transit through, residence on and exit from the territory of Poland is the act dated 13 June 2003 (the "Act on Foreigners"). The Act on Foreigners applies to the citizens of the states outside the European Union, the European Economic Area and the Swiss Confederation (the "Third Country Citizens") (with the exception of some articles of the Act on Foreigners that also apply to the citizens of the European Union member states, the European Economic Area states and the Swiss Confederation).

 

According to the Act on Foreigners, in order to enter and stay on the territory of Poland, a Third Country Citizen needs to hold: (i) a valid travel document; and (ii) either a valid visa or a valid permit for temporary residence (zezwolenie na zamieszkanie na czas oznaczony) or a valid permit for permanent residence (zezwolenie na osiedlenie się) or a valid residence permit for a long-stay European Union resident (zezwolenie na pobyt rezydenta długoterminowego Wspólnot Europejskich).

 

 

Visa

As a rule, Third Country Citizens may enter and stay on the territory of Poland based on a valid travel document and an appropriate visa. The full list of the states whose citizens are not required to obtain a visa in order to enter and stay on the territory of Poland is available on the website of the Ministry of Foreign Affairs of Poland (www.msz.gov.pl).
Poland as a Schengen state issues the following types of visas:

  • airport transit visa (A) - (the "Airport Transit Visa")
    The Airport Transit Visa is required for the citizens of certain states for passing through the international transit area of the airports situated within the Schengen area and does not entitle its holder to leave such area. The states whose citizens are required to obtain the Airport Transit Visa are listed in Annex IV to Regulation (EC) No 810/2009 dated 13 July 2009 establishing a Community Code on Visas (the "Visa Code") and include Afghanistan, Bangladesh, Democratic Republic of the Congo, Eritrea, Ethiopia, Ghana, Iran, Iraq, Nigeria, Pakistan, Somalia and Sri Lanka. The Visa Code provides for the cases when the citizens of such states are exempted from the requirement to hold the Airport Transit Visa.

  • short-term stay visa (C) – (the "Uniform Visa" or "Schengen Visa")
    The Schengen Visa is issued for a short-term stay (not exceeding 3 months in any half-year). The Schengen Visa entitles its holder to one or several entries into and stays on the territory of the Schengen member states provided that neither the length of a continuous stay nor the total length of successive stays on the territory of the Schengen member states exceeds 3 months per half-year calculated from the date of first entry into the territory of the Schengen member states. This means that once a holder of such visa has been in one or more Schengen member states for 3 months, then he/she must remain outside all the Schengen member states for at least 3 months. The Schengen Visa validity term cannot exceed 5 years.

  • long-term stay visa (D) – (the "National Visa")
    The National Visa is issued for a long-term stay (over 3 months). The National Visa entitles its holder to entry and continuous stay on the territory of Poland, or a number of successive stays, provided that neither the length of a continuous stay nor the total length of successive stays on the territory of Poland exceeds one year within the National Visa validity term. The National Visa validity term cannot exceed 5 years. According to the Visa Code that came into effect on 5 April 2010, the Third Country Citizens holding the National Visa are allowed to move freely within the Schengen zone up to 3 months in any half-year.

The Schengen Visas and the National Visas are issued for the following purposes: tourism, visits, conducting commercial activity, employment, education, etc. A visa can be issued for the employment purposes provided the foreigner holds a work permit or a certificate of employment (oświadczenie pracodawcy o zamiarze powierzenia cudzoziemcowi wykonywania pracy), where applicable.

 

In order to extend the Schengen / National Visa, the foreigner must file an application at least 3 days prior to the expiry date of the Schengen / National Visa.

 

 

Permit for temporary residence (zezwolenie na zamieszkanie na czas oznaczony)

A permit for temporary residence (zezwolenie na zamieszkanie na czas oznaczony) (the "Temporary Residence Permit") can be issued to a foreigner if the circumstances arise justifying the foreigner’s residence on the territory of Poland for a period longer than 3 months.

 

The Temporary Residence Permits can be issued to a foreigner that:

  1. obtained a work permit or an employer's written declaration confirming intention to employ a foreigner if a work permit is not required; or
  2. carries out a commercial activity in accordance with Polish laws that is beneficial to the national economy; or
  3. is a recognized artist intending to continue his/her cultural activity in Poland; or
  4. participates in training programs within European Union programs; or
  5. intends, as a family member, to accompany a migrating worker referred to in the European Social Charter signed in Turin on 18 October 1961 (Journal of Laws of 1999, No 8, item 67); or
  6. is married to a Polish citizen; or
  7. as a family member of a foreigner referred to in Article 54 of the Act on Foreigners, arrives or resides on the territory of Poland for the purpose of uniting with his/her family; or
  8. is an underage child of a foreigner that was born on the territory of Poland and resides on the territory of Poland without care; or
  9. is a spouse or an adult child of a foreigner referred to in Article 54 of the Act on Foreigners, and has resided on the territory of Poland for a period of at least 5 years on the basis of the Temporary Residence Permits issued in connection with the circumstances referred to in clause 7 above; or
  10. resides on the territory of Poland on the basis of the Temporary Residence Permit issued in connection with the circumstances referred to in clause 7 above in case of becoming a widow or divorce, separation or death of his/her direct descendant or ascendant, if the foreigner's important interests justify this; or
  11. resides on the territory of Poland on the basis of the Temporary Residence Permit issued in connection with the circumstances referred to in clause 6 in case of becoming a widow or divorce, if the foreigner's important interests justify this; or
  12. is an underage child of a foreigner holding the Temporary Residence Permit, that was born on the territory of Poland; or
  13. holds a residence permit for a long-stay European Union resident (zezwolenie na pobyt rezydenta długoterminowego Unii Europejskiej) issued by another European Union member state and intends to work or carry out commercial activity in accordance with Polish laws, start or continue studies or professional trainings in Poland or other circumstances justifying the foreigner’s residence on the territory of Poland; or
  14. is a family member of a foreigner referred to in clause 13, with whom he/she has resided on the territory of another European Union member state, that accompanies or intends to join a foreigner; or
  15. is a victim of trafficking in human beings within the meaning of the Council Framework Decision on combating trafficking in human beings dated 19 July 2002 and fulfils all of the following conditions: (a) resides on the territory of Poland; (b) cooperated with the authorities combating trafficking in human beings; and (c)  terminated his/her contacts with the persons suspected of being involved in trafficking in human beings; or
  16. arrives or resides on the territory of Poland for the purpose of starting or continuing stationary higher education in Poland; also if he/she started stationary higher education in another European Union member state and intends to continue it in Poland; or
  17. is a scientist arriving or residing on the territory of Poland for the purposes of conducting scientific researches based on an agreement approved by the appropriate minister; or
  18. holds a residence permit referred to in Article 1 clause 2 item a of Regulation (EC) No 1030/2002 dated 13 June 2002 laying down a uniform format for residence permits for third-country citizens with a note "scientist" issued by another European Union member state, provided the agreement approved by the appropriate authority of such other European Union member state provides for conducting researches also on the territory of Poland; or
  19. holds a permit to work on the territory of Poland according to Polish laws issued by the authorities established in accordance with the Agreement establishing an association between the European Economic Community and Turkey dated 12 September 1963,

provided the circumstance, based on which a foreigner applies for the Temporary Residence Permit, justifies the foreigner’s residence on the territory of Poland for a period longer than 3 months.

 

In order to obtain the Temporary Residence Permit, a foreigner must file an application with the consulate (for foreigners already residing in Poland – with the voivod at the foreigner’s place of residence) at least 45 days prior to the expiry date of the visa or previous Temporary Residence Permit.

 

The Temporary Residence Permit is issued for a period necessary to achieve the purpose of a foreigner's stay in Poland but no longer than for 2 years. The residence card (karta pobytu) issued based on the Temporary Residence Permit is valid during the validity term of the Temporary Residence Permit. The residence card entitles the foreigner to multiple entries to the territory of Poland without visa.

 

 

Permit for permanent residence (zezwolenie na osiedlenie się)

A permit for permanent residence (zezwolenie na osiedlenie się) (the "Permanent Residence Permit") can be issued to a foreigner that:

  1. is an underage child of a foreigner holding the Permanent Residence Permit that was born on the territory of Poland; or
  2. has been married to a Polish citizen for at least 3 years before filing an application and has been uninterruptedly residing in Poland for at least 2 years based on the Temporary Residence Permit immediately before filing an application; or
  3. has been uninterruptedly residing in Poland for at least 10 years based on permit for a tolerated stay (zgoda na pobyt tolerowany) or for at least 5 years in connection with a refugee status immediately before filing an application; or
  4. is a child of a Polish citizen and is under its parental authority.

The residence on the territory of Poland is considered uninterrupted if it was not interrupted for longer than 6 months and all the breaks together did not exceed 10 months, unless the break was caused by any of the following:

  • fulfilment of professional duties or performance of work outside the territory of Poland based on the agreement with an employer whose place of business is located on the territory of Poland; or
  • accompanying a spouse who fulfils his professional duties or performs work as specified above; or
  • medical treatment of a foreigner.

The Permanent Residence Permit is issued for an indefinite period of time. The residence card (karta pobytu) issued based on the Permanent Residence Permit is valid for 10 years. The residence card entitles the foreigner to multiple entries to the territory of Poland without visa.

 

 

Residence permit for a long-stay European Union resident (zezwolenie na pobyt rezydenta długoterminowego Unii Europejskiej)
A residence permit for a long-stay European Union resident (zezwolenie na pobyt rezydenta długoterminowego Unii Europejskiej) (the "Residence Permit for a Long-Stay EU Resident") can be issued to a foreigner residing legally and continuously on the territory of Poland for a period of at least 5 years immediately before filing an application, who:

  1. has a stable and regular source of income sufficient to cover the living costs of a foreigner and his/her family members;
  2. holds a health insurance within the meaning of the regulations on universal health insurance or a confirmation of cover of treatment costs on the territory of Poland by an insurer.

The residence on the territory of Poland is considered uninterrupted if it was not interrupted for longer than 6 months and all the breaks together did not exceed 10 months, unless the break was caused by any of the following:

  • fulfilment of professional duties or performance of work outside the territory of Poland based on the agreement with an employer whose place of business is located on the territory of Poland; or
  • accompanying a spouse who fulfils his professional duties or performs work as specified above; or
  • medical treatment of a foreigner.

The Residence Permit for a Long-Stay EU Resident is issued for an indefinite period of time. The residence card (karta pobytu) issued based on the Residence Permit for a Long-Stay EU Resident is valid for 5 years. The residence card entitles the foreigner to multiple entries to the territory of Poland without visa.

 

 

 

2. Entry and stay conditions for the Union Citizens (as defined below)
The terms and conditions of entry into, transit through, residence on and exit from the territory of Poland by: (i) citizens of European Union member states; (ii) citizens of the Non-EU European Economic Area states (i.e. Iceland, Norway and Lichtenstein); (iii) citizens of the Swiss Confederation; and (iv) family members of the citizens referred to in (i)-(iii) above, accompanying or residing with them, are regulated by the act dated 14 July 2006 (the "Act on Union Citizens").

 

The citizens referred to in (i)-(iii) above (the "Union Citizens") may enter and reside on the territory of Poland based on valid travel document or other valid documents confirming their identity and citizenship (i.e. no visa is required).

 

The Union Citizen's family members, who are not the Union Citizens, may enter and reside on the territory of Poland based on a valid travel document and an appropriate visa (with a few exemptions specified by the Act on Union Citizens). Either the Schengen Visa or the National Visa is issued to the Union Citizen's family members, who are not the Union Citizens.

 

 

Right to reside on the territory of Poland (prawo pobytu)
The Union Citizen and the Union Citizen's family members, who are not the Union Citizens, may reside on the territory of Poland for a period of up to 3 months.

 

The Union Citizen may reside on the territory of Poland for a period longer than 3 months if he/she:

  1. is an employee or a self-employed person on the territory of Poland; or
  2. holds a universal health insurance or is a person authorised to obtain health care benefits on the basis of coordination provisions in the meaning of Article 5 clause 23 of the act dated 27 August 2004 and has the funds sufficient to cover his/her living costs and the living costs of his/her family members on the territory of Poland; or
  3. studies or has professional trainings on the territory of Poland and holds a universal health insurance or is a person authorised to obtain health care benefits on the basis of coordination provisions in the meaning of Article 5 clause 23 of the act dated 27 August 2004 and has the funds sufficient to cover his/her living costs and the living costs of his/her family members on the territory of Poland; or
  4. is married to a Polish citizen.

If the Union Citizen resides on the territory of Poland for more than 3 months, he/she is required to register his/her residence in Poland.

 

If the Union Citizen's family member, who is not a Union Citizen, resides on the territory of Poland for more than 3 months, he/she is required to obtain a residence card (karta pobytu członka rodziny obywatela UE). The residence card entitles the Union Citizen's family member, who is not the Union Citizen, to multiple entries to the territory of Poland without visa.

 

 

Right to permanently reside on the territory of Poland (prawo stałego pobytu)

The Union Citizen and the Union Citizen's family members, who are not the Union Citizens, may obtain the right of permanent residence (prawo stałego pobytu) after 5 years of a continuous residence on the territory of Poland. In certain cases set forth in the Act on Union Citizens, the Union Citizens may obtain the right of permanent residence before the expiry of a 5-year period of a continuous residence on the territory of Poland.

 

The residence on the territory of Poland is considered continuous if all the breaks together did not exceed 6 months in a year.

 

The Union Citizen who obtained the right of permanent residence receives the document confirming the right of permanent residence.

 

The Union Citizen's family members, who are not the Union Citizens, receive a permanent residence card (karta stałego pobytu członka rodziny obywatela UE). The permanent residence card entitles the Union Citizen's family member, who is not the Union Citizen, to multiple entries to the territory of Poland without visa. The permanent residence card is valid for 10 years.

Design & Production: PIKTO Copyrights 2007 - Piotr Polz Radca Prawny