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• 1) In case if a foreigner wants to come to Poland, whom should he/she apply to in order to obtain a visa?

In accordance with Article 13, Paragraph 1 of Act of June 13^th 2003 on foreigners (i.e. of 2006 No. 234, Item 1694 with later amendments), a foreigner may cross the border and stay within the territory of the Republic of Poland, if he/she has a valid travel document and a visa, unless the provisions of the Act provide otherwise.

A foreigner who enters the territory of the Republic of Poland should justify the objective and circumstances of the planned stay and present documents which confirm such justification. Moreover, the foreigner should have and, at the request of an authorised body, present financial means necessary to cover the expense of the entry to the territory of the Republic of Poland, the stay within this territory, the travel across it and the departure form it, or the documents which enable the foreigner to obtain such means as well as the permission to enter another country or the return to his/her country of origin, if such permission is required.

The consul issues or denies to issue visas. Stay visas are issued as uniform or country visas. A stay uniform visa marked with the „C" symbol authorises to enter the Schengen zone and to continuously stay within that territory or have to a few subsequent stays which all together do not exceed 3 months within the period of 6 months counted from the day of the first entry into the territory. A country visa marked with the „D" symbol authorises to enter the Territory of the Republic of Poland and continuously stay there or to a have few subsequent stays which all together do not exceed one year and take place while the visa is valid.

• 2) What value should the means possessed by the foreigner who enters the territory of the Republic of Poland amount to?

The Regulation of the Minister of Internal Affairs and Administration of October 30^th 2007 on the value of the financial means which a foreigner who enters the territory of the Republic of Poland should possess and on the documents which can confirm the possession of such means (Journal of Laws No. 217, Item 1616) determines the amount of financial means which a foreigner who enters the territory of the Republic of Poland should have as well as the issue of the documents which can confirm the possession of such means.

Pursuant to § 2 of the above mentioned regulation, a foreigner who enters the territory of the Republic of Poland in order to stay there for the period of time which does not exceed 3 days should have financial means to cover the expense of accommodation, food, travel across territory of the Republic of Poland and the departure form it. The value of such means should amount to at least PLN 300 or the equivalent of this value in foreign currencies.

A foreigner who enters the territory of the Republic of Poland in order to stay there for the period of time which exceeds 3 days should have the financial means to cover the above mentioned expenses. The value of such means should amount to at least PLN 100 for each day of the stay or the equivalent of this value in foreign currencies.

The documents which can confirm that the foreigner has financial means necessary to cover the expense of accommodation, food, travel across the territory of the Republic of Poland and the departure form it and that these means amount to the above mentioned value are as follows:

• 1) a traveller's cheque or a credit card;
• 2) a certification of the possession of financial means kept in a bank or a savings and credit bank which are located within the territory of the Republic of Poland, the value of such means cannot be lower than it is stipulated in Paragraphs 1 and 2, the certification should be confirmed by a seal and a signature of an authorised officer of the bank or the savings and credit bank and should be issued one month before the crossing of the border at the latest;
• 3) the original invitation referred to in Article 15, Paragraph 2 of Act of June 13^th 2003 on foreigners.

Other documents which can confirm that the foreigner has financial means necessary to cover the expense of the departure from the territory of the Republic of Poland can be the following:

                1) a ticket authorising to travel to the country of origin or another country;

                2) a document which authorises to use the transport facility owned by a foreigner.

Moreover, pursuant to § 3 of the above mentioned regulation, the foreigner who enters the territory of the Republic of Poland should have financial means to cover the expense of health care. The value of such means should amount to at least PLN 300 for each day of the stay or the equivalent of this value in foreign currencies. The documents which can confirm that the foreigner has financial means necessary to cover the expense of health care are the following:

• 1) an original invitation, referred to in Article 15, Paragraph 2 of Act of June 13^th 2003 on foreigners (i.e. Journal of Laws of 2006, No. 234, Item 1694 with later amendments).
• 2) A document which confirms that the insurer covers the cost of health care on the territory of the Republic of Poland.

§ 4 of the regulation of the Minister of Internal Affairs and Administration of October 30^th 2007 stipulates that the foreigner who enters the territory of the Republic of Poland and who:

• 1) participates in a tourist event, a camp for teenagers, a sport competition,
• 2) has the expense of his/her stay within the territory of the Republic of Poland paid,
• 3) visits a health care institution or a sanatorium,

should have at least PLN 20 for each day of his/her stay, however, the sum of money possessed by the foreigner cannot be lower than PLN 100. The foreigner should also have at least PLN 300 for each day of his/her stay or the equivalent of such sum in foreign currencies to cover the expense of health care.

The possession of the financial means to cover the above mentioned expense of the health care can be confirmed by the document which states that the insurer covers the costs of health care within the territory of the Republic of Poland.

The above mentioned documents which can confirm the aim of the entry into the territory of the Republic of Poland are:

• 1) the document which confirms the participation in the tourist event, a camp for teenagers or a sport competition,
• 2) the evidence of the payment for the stay within the territory of the republic of Poland covering at least the cost of accommodation and food;
• 3) a referral to the health care institution or a sanatorium.

The document which confirms the participation in a tourist event, a camp for teenagers or a sport competition, referred to in § 4, Paragraph 3, Point 1 of the above mentioned regulation, should stipulate the name and surname, place of residence and the address of the foreigner - in the case of an individual entry, or the number of persons participating in the tourist event and in particular:

• 1) the data of the body issuing the document, in particular its name and registered office,
• 2) data concerning the organiser and provider of the tourist service,
• 3) the date and place of the stay within the territory of the Republic of Poland,
• 4) a detailed list of tourist services, and in the case of a tourist trip, its detailed route;
• 5) the conformation of the payment for the tourist service, with the specification of the accommodation and food expenses and the price of such service.

In the case if a foreigner who enters the territory of the Republic of Poland confirms the possession of financial means in a foreign currency, the average rate of exchange of that currency declared by the National Bank of Poland on the last business day before the foreigner enters the territory of Poland is used to convert the money into the Polish currency.

Moreover, pursuant to Article 15, paragraph 3 of Act on foreigners, the possession of the financial means necessary to cover the expense of the entry into the territory of the Republic of Poland the stay, the travel across and the departure form this territory dose not have to be confirmed by the foreigners who:

• 1) cross the border on the basis of:

• a) international agreements and contracts which stipulate that the foreigner does not have to have such financial means or oblige Polish state bodies or public institutions to cover the expense of the foreigner's stay.
• b) agreements on unrestricted cross-border traffic or agreements which determine the conditions of border crossing at border crossing points located on tourist routes which cross the border,
• c) entry visas,
• d) stay visas issued in order to work,
• e) stay visas issued in order to remain under the temporary protection,
• f) stay visas issued in odder to participate in the procedure aiming at the asylum grant,
• g) a stay card,

• 2) cross the border in order to provide charity,
• 3) participate in lifesaving operations.

3) Is it possible to prolong a visa while staying within the territory of Poland?

Pursuant to Article 43, Paragraph 1 of Act of June 13^th 2003 on Foreigners (unanimous text, Journal of Laws of 2006, No. 243, Item 1694 with later amendments) a foreigner who stays within the territory of the Republic of Poland may prolong his/her stay visa, if all the following conditions are fulfilled:

• 1) the prolongation is justified by the professional or personal interest of the foreigner or by humane reasons;
• 2) happenings which are the reason why the foreigner applies for the prolongation of the visa were beyond the foreigner's control and could not bee foreseen when the visa was issued;
• 3) the circumstances of the case do not indicate that the stay of a foreigner within the territory of the Republic of Poland will be longer than declared.
• 4) circumstances referred to in Article 42, points 2-7 do not occur.

Moreover, the period of the foreigner's stay within the territory of the Republic of Poland granted in accordance with the prolonged visa cannot exceed the period of time specific for a given type of the stay visa.

The foreigner who remains at hospital, whose condition excludes the transport or departure to another country  will have his/her visa prolonged until the day when his condition allows the departure form the territory of the Republic of Poland. However, in the above mentioned case, the body which should prolong the visa may appoint an expert doctor in order to give his/her opinion on the subject of the foreigner's health condition.

The foreigner is obliged to submit an application for the prolongation of a visa at least 7 days before the expiry of a period of stay determined in a possessed uniform visa or at least 14 days before the expiry of a period of stay determined in the possessed country visa. The application for the prolongation of a visa should be submitted on a form to the voivode appropriate for the pace of stay of a foreigner. The foreigner who applies for the prolongation of a visa is obliged to justify the application, attach documents which confirm the conditions stipulated in the application and photographs of persons to whom the application refers. The prolongation of a visa or the denial to prolong the visa is subject to a decision.

4) When to submit the application for the permission to reside for the determined period of time?

The foreigner who stays within the territory of the Republic of Poland is obliged to submit an application for the permission to reside for the determined period of time at least 45 days before the expiry of the period of stay determined in a possessed visa or the validity of the previous permission to reside for the determined period of time. The application for the permission to reside for the determined period of time should be submitted on a form to the voivode appropriate for the place of the planned stay of the foreigner.

5) In the case if a foreigner is married to a Polish citizen, how can he/she obtain the right to stay within the territory of the Republic of Poland?

Pursuant to the provisions of Act of June 13^th 2003 on foreigners, which are binding within the territory of the Republic of Poland (i.e. Journal of Laws of 2006, No. 234, Item 1694 with later amendments) spouses of Polish citizens are under special protection within the territory of Poland. The spouses of Polish citizens enter the territory of the Republic of Poland in accordance with general rules. Pursuant to Article 13, Paragraph 1 of the above mentioned Act, a foreigner can cross the border and stay within the territory of the Republic of Poland, if he/she has a valid travel document and a visa, unless the provisions of the Act provide otherwise.

The consul issues or denies to issue visas. Stay visas are issued as uniform or country visas. A stay uniform visa marked with the „C" symbol authorises to enter the Schengen zone and continuously stay within that territory or to have a few subsequent stays which all together do not exceed 3 months within the period of 6 months counted from the day of the first entry into the territory. The country visa marked with the „D" symbol authorises to enter the Territory of the Republic of Poland and continuously stay there or to have a few subsequent stays which all together do not exceed one year and take place while the visa is valid.

Pursuant to Article 53, Paragraph 1, Point 6 of Act on foreigners, marriage to a Polish citizen is an obligatory perquisite to  grant to a foreigner the permission to stay for the determined period of time. Article 53, Paragraph 1, Point 6 of Act on foreigners states that the permission to reside for the determined period of time can be granted to a foreigner who is married to a Polish citizen, if the circumstance which is the basis to apply for such permission justifies the residence of the foreigner within the territory of the Republic of Poland for the period of time which exceeds 3 months.

The voivode appropriate for the place of the planned stay of a foreigner issues decisions on the permission to stay for the determined period of time. The foreigner who stays abroad submits an application for the permission to reside for the determined period of time through the medium of the consul. The application for the permission to reside for the determined period of time should be submitted on a form. The foreigner is obliged to justify the application, present a valid travel document and attach he following documents to the application:

• 1) photographs of persons referred to in the application,
• 2) documents necessary to confirm the data included in the application and circumstances justifying why the foreigner applies for the permission to reside for the determined period of time.

The party which is not satisfied with the decision of the 1^st instance body has the right to appeal to a body of higher instance, that is, in the above mentioned cases, to the Head of the Office for Foreigners, within 14 days of the decision delivery.

In case of dissatisfaction with the decision of the 2^nd instance body, the foreigner can submit a complaint to an administrative court through the medium of the 2^nd instance body. The complaint should be filed within 30 days of the decision delivery. The administrative court has judicial control over public administration's compliance with the law.

Permissions to reside for the determined period of time are granted each time for the period of time needed to accomplish the objective of the foreigner's stay within the territory of the Republic of Poland, however, such stay may not exceed 2 years (Article 56, Paragraph 1 of Act on foreigners).

The foreigners who are married to Polish citizens are granted permission to stay for the determined period of time on preferential conditions. Unlike other foreigners the foreigner who is married to a Polish citizen and who applies for the permission to reside for the determined period of time does not have to prove to have a regular and stable source of profit the amount of which enables him/her to cover the cost of his/her living and the living of the members of his/her family who are dependent on him/her, to have health insurance as understood by the regulations on common health insurance or the confirmation that the costs of health care within the territory of the Republic of Poland are covered by the insurer. The spouse of a Polish citizen is also not obliged to present a legal title to occupy premises.

A permission to reside for the determined period of time cannot be denied to a foreigner who is married to a Polish citizen, provided that the only basis for the denial is the occurrence of any of the causes referred to in Article 57, Points 3 and 7-9 i.e. Article 57, Paragraph 1. The permission to reside for the determined period of time can be denied to a foreigner if:

• 3) the circumstances indicate that the objective of the foreigner's departure form or the stay within the territory of the Republic of Poland is or will be other that declared;

7) the foreigner has been diagnosed with an illness or an infection which is required to be treated pursuant to Act of September 6^th 2001 on infectious diseases and infections (Journal of Laws No 126, Item 1384 with later amendments) or the foreigner is suspected of having such illness or infection and he/she does not agree to treat it.

8) he/she does not fulfil his/her obligations towards the Treasury.

9) he/she stays within the territory of the Republic of Poland illegally.

6) On what conditions can EU citizens and the members of their families stay within the territory of the Republic of Poland?

Act of July 14^th 2006 on the entry into the territory of the Republic of Poland, the stay within and departure from this territory of the citizens of the member states of the European Union and the members of their families (Journal of Laws of 2006, No. 144, Item 1043) defines the rules and conditions of the entry into the territory of the Republic of Poland, the stay within and departure from this territory of the citizens of EU, EFTA - the parties to the agreement on the European Economic Zone, the citizens of Swiss Confederation, the members of the families of these citizens, who accompany them or will join them. Pursuant to Article 2, Point 4 of the above mentioned Act, a spouse of  the EU citizen, a direct descendant of the EU citizen or his/her spouse, being less than 21 years old or being dependent on the EU citizen or his/her spouse, a direct ascendant of the EU citizen or his/her spouse, being dependent on the EU citizen or his/her spouse, is considered the member of the family of a foreigner who is or is not a EU citizen.

In accordance with the provisions of Act on the entry into the territory of the Republic of Poland, the stay within and departure from that territory of the citizens of the members states of the European Union and the members of the families of EU citizens, a foreigner may enter the territory of the Republic of Poland on the basis of a valid travel document or another valid document which confirms the identity and nationality of a foreigner, whereas the members of the family of such foreigner who are not  EU citizens may enter the territory of the Republic of Poland on the basis of  valid travel documents and  visas, unless the provisions of the Act provide otherwise.

A EU citizen and the member of his/her family may stay within the territory of the Republic of Poland for the period of time not exceeding 3 months. After such time the EU citizen is obliged to register his/her stay and the member of his/her family who is not a EU citizen is obliged to apply for the issuance of the stay card of the EU citizen family member. The body which deals with the above mentioned cases is the voivode appropriate for the place of stay.

The registration of a stay is conducted on application of the EU citizen and the issuance of the stay card of the EU citizen family member  - on application of the family member who is not a EU citizen. The applications should be submitted personally no later than on the next day after the period of 3 months since the entry into the territory of the Republic of Poland has expired. The requirement to submit the application personally does not apply to minors.

The application should be submitted together with documents or written declarations which confirm that the conditions of stay defined in this chapter are fulfilled and in the case of the application for the issuance of the stay card of the EU citizen family member also together with photographs.

The attorney appointed by the applicant can receive the declaration or the card. The stay card of the EU citizen family member is valid for 5 years.

After 5 years of continuous stay within the territory of the Republic of Poland the EU citizen acquires the right to stay permanently. The member of the family who is not a EU member acquires the right to stay permanently after 5 years of continuous stay within the territory of the Republic of Poland with the EU member. On the application of the EU member who has acquired the right to stay permanently the document which confirms the right to stay permanently is issued and the card of the permanent stay of the EU citizen family member is issued for the member of the family who is not a EU member.

The document which confirms the right to stay permanently is issued on application of the EU member  and the permanent stay card for the member of the EU citizen family is issued on application of the family member who is not a EU citizen. The applications should be submitted personally to the voivode appropriate for the place of stay. This requirement does not apply to minors. The family member who is not a EU citizen submits the application for the issuance of the permanent stay card for the EU citizen family member before the expiry of stay card of the EU citizen family member. Photographs should be attached to the application. When submitting the application for the issuance of the document confirming the right of permanent stay or the issuance of the permanent stay card of the EU citizen family member a valid travel document should be presented. The EU citizen can present another valid document which confirms his/her identity and nationality.

The agent authorised by the applicant may receive the documents.

Pursuant to Article 81 of the above mentioned Act, the failure to fulfil the obligation to register the stay within the territory of the Republic of Poland, avoidance to fulfil the obligation to have or change the stay card of the EU citizen family member or the permanent stay card of the EU citizen family member is subject to a fine.

7) In case if a foreigner wishes to invite another foreigner to Poland, what conditions does he/she has to fulfil in order to do so?

Pursuant to Article 16 of June 13^th 2003 on foreigners (i.e. Journal of Laws of 2006, No. 234, Item 16904 with later amendments) the invitation can be issued by:

• 1) a Polish citizen who resides within the territory of the Republic of Poland and also the citizen of the EU member state, a member state of EFTA - the parties to the agreement on the European Economic Zone or the Swiss Confederation, and the member of his/her family who resides within the territory of the Republic of Poland and who has the right to stay permanently within this territory;
• 2) a foreigner who legally and continuously has been continuously staying within the territory of the Republic of Poland for at least 5 years right before the issuance of the invitation or a foreigner who has the permission to reside or a permission to stay as a long-term resident of the European Community.
• 3) a legal person whose registered office is within the territory of the Republic of Poland or an organisational unit which does not have a legal personality but has its registered office located within the territory of the Republic of Poland.

hereinafter referred to as the "persons inviting".

The invitation comes into force at the moment when it is registered in the invitations register and is valid for one year. The voivode appropriate for the place of stay or the registered office of the person inviting issues an registers the invitation in the invitations register or issues a decision to deny the registration or annul an invitation.

On request of the body which received the application for the registration of the invitation in the invitations register , the person inviting is obliged to present documents which confirm his/her ability to fulfil the obligation to cover the costs of the foreigner's stay, especially the documents which confirm the possession of the source of income or own financial means and the amount of such means and the documents which confirm the legal title to occupied premises or the possibility to provide accommodation for the foreigner.

8) How long should the administrative procedure aiming at the grant of the permission to reside for the determined period of time take?

The voivode who conducts the administrative procedure aiming at the grant of the permission to reside for the determined period of time to a foreigner is obliged to punctually deal with matters referred to in the Administrative Proceedings Code. Pursuant to Article 35, § 3 of the Administrative Proceedings Code, the case which requires explanatory proceedings should be concluded no later than within a month and cases which are especially complicated should be concluded no later than within two months of the day the procedure was commenced. Appeal proceedings should be concluded within a month of the appeal receipt. Pursuant to the above mentioned regulation, the voivode should issue a decision on the objective permission grant within one month, which is rarely the case as in accordance with Article 62, Paragraph 3 of Act of June 13^th 2003 on foreigners (unanimous text, Journal of Laws of 2006, No. 234, Item 1694 with later amendments) before the issuance of the decision on the permission to reside for the determined period of time, the voivode is obliged to address the commandant of the border guard division, the Police commandant of the voivodship, the chief of the Internal Security Agency and apply for the information whether the foreigner's entry and stay within the territory of the Republic of Poland is a risk to the defensive capability or security of the country or public safety and order. Within 30 of the application receipt the above mentioned bodies are obliged to supply information on whether the foreigner's entry and stay within the territory of the republic of Poland is a risk to the defensive capability or security of the country or public safety and order.

The voivode should inform the parties about each failure to manage the case within the time stipulated in Article 35 of the Administrative Proceedings Code, he should also state the cause of the delay and determine a new date when the case is to be managed. In each case of  the failure to manage the case on time stipulated in Article 35 of the Administrative Proceedings Code, the body which conducts the administrative proceedings is obliged to inform the foreigner about the delay, state its causes, and a determine a new date when the case is to be managed, even if the delay to manage the case is beyond the control of the body (Article 36 § 2 of the Administrative Proceedings Code).

9) How can a foreigner obtain a permission for the permanent stay in Poland?

Permissions granted for indefinite period of time are the permissions to stay as the long-term resident of the European Community and the permissions to settle.

Pursuant to Article 64, Paragraph 1 of Act of June 13^th 2003 on foreigners (unanimous text, Journal of Laws of 2006, No. 234, Item 1694 with later amendments), the permission to settle can be granted to a foreigner who:

                1)is a minor, and a child of a foreigner who has the permission to settle and was born within the territory of the Republic of Poland;

                2) had been married to a Polish citizen for at least three years before the application submission and who had been constantly staying within the territory of the Republic of Poland for at least 2 years before the application submission on the basis of the permission to reside for the determined period of time.

                3) directly before the submission of the application had been continuously staying within the territory of the Republic of Poland for the period of time no shorter than 10 years on the basis of the consent for a tolerated stay or a consent for a stay for a period of 5 years because of the refugee status grant.

                4) is a child of a Polish citizen and remains under the parental authority.

Foreigners can also apply for the permission to stay as a long-term resident of the European Community (Article 65 of Act on foreigners), which is granted, as in the case of the grant of the permission to settle, for an indefinite period of time to a foreigner who had been legally and continuously staying within the territory of the Republic of Poland directly before the application submission for at least 5 years., provided that the foreigner has:

• 1) a stable and regular source of income which can cover the expense of his/her own living and the living of the members of his/her family who are dependent on him/her and
• 2) health insurance as understood by the regulations on common health insurance, or has the confirmation of the cost of health care within the territory of the Republic of Poland being covered by the insurer.

The foreigner can submit an application for the permission to settle or the permission to stay as a long-term resident of the European Community during the legal stay within the territory of the Republic of Poland. The application for the permission to settle or the permission to stay as a long-term resident of the European community should be submitted to the voivode appropriate for the planned place stay of the foreigner. Additionally, the foreigner is obliged to justify the application, present a valid travel document and attach the following documents to the application:

• 1) photographs of persons referred to in the application;
• 2) documents necessary to confirm data included in the application and circumstances justifying the application for the permission to settle or the permission to stay as a long-term resident of the European community;
• 3) a legal title to occupy premises in which the foreigner stays or plans to stay and documents which confirm the amount of the residence costs.

10) When should the application for the permission to settle and the permission to stay as a long-term resident of the European Community be submitted?

The foreigner can submit the application for the permission to settle or the permission to stay as a long-term resident of the European Community during the legal stay within the territory of the Republic of Poland. The application for the permission to settle or the permission to stay as a long-term resident of the European Community should be submitted on as form to the voivode appropriate for the planned place of stay.

11) How long should the administrative procedure aiming at the grant of the permission to settle or the permission to stay as a long-term resident of the European community take?

Pursuant to Article 71 of Act of June 13^th 2003 on foreigners (i.e. journal of Laws of 2006 No. 234, Item 1694 with later amendments), the procedure aiming at the grant of the permission to settle or the permission to stay as a long-term resident of the European Community should be concluded no later than within 3 months since the procedure commencement, and in case of appeal procedure - within 2 months of the day the appeal was received. In the case of failure to manage the case at the above mentioned times, the regulations of Articles 36-38 of the Administrative Proceedings Code will apply.

12) Is it possible for a foreigner to travel within the Schengen zone without a visa, if he/she has a stay card in Poland?

After the Republic of Poland entered the Schengen zone citizens of third countries can travel and stay within the territory of the Schengen zone without the need to have a Schengen visa, on the basis of stay permissions issued by one of the countries belonging to the Schengen zone. The travel and stay may take place for the period of time no longer than 3 months, provided that general rules of entry and stay within the territory of the Schengen zone are fulfilled, i.e. the foreigner has a valid travel document, can justify the cause and conditions of the planned stay and has sufficient financial means to cover the costs of living or the possibility to obtain them legally and is not considered to be a danger to public order, internal safety, public health or international relationships of any of the member states, in particular he/she has not been registered on such basis in the national databases of the member states in order to refuse the entry to the country to the foreigner  (Article 21, Paragraph 1 of the convention implementing the Schengen Agreement of June 14^th 1985, between the governments of the countries of the  Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders).

In the case of the Republic of Poland, the stay titles are the following:

• - the permission to reside for the determined period of time,
• - the permission to settle,
• - the permission to stay as a long-term resident of the European Community,
• - the consent for the tolerated stay,
• - the refugee status.

When crossing the border of the Republic of Poland a foreigner who has one of the above mentioned titles should have a valid stay card which confirms that he/she has a stay title in Poland. He/she should also have a valid travel document, justify the aim and conditions of the planned stay and have sufficient means to afford the living. It is also worth reminding that the United Kingdom of Great Britain and Northern Ireland does not belong to the Schengen zone.

13) How can a foreigner obtain the Polish citizenship?

Pursuant to Article 141, Paragraph 1 of Act of June v13th on foreigners (i.e. Journal of Laws of 2006 No. 234, Item 1694 with later amendments), the Head of the Office for Foreigners is a central body of governmental administration, appropriate to deal with the cases of foreigners' entries into the territory of the Republic of Poland, the travel across that territory, stay within it and the departure form it, the refugee status grant, the grant of asylum to foreigners, issuance of consents for the tolerated stay, granting temporary protection, excluding the cases which are reserved for other bodies. Considering the above mentioned fact, the Head of the Office for Foreigners is not a body which is appropriate to take decisions concerning the grant of the Polish citizenship.

Pursuant to Article 16, Paragraphs 1 and 2 of Act of February 15^th 1962 on Polish citizenship (i.e. Journal of Laws of 2000, No. 28, Item 353, with later amendments), the President of the Republic of Poland grants Polish citizenship and gives consent to renounce Polish citizenship. Applications for the grant of Polish citizenship and for the consent to renounce Polish citizenship can be submitted by persons who reside within the terrotory of the Republic of Poland by the meduim af an appropriate voivode, and in case of persons living abroad - by the medium of the consul.

14) How can a foreigner obtain an entry visa in order to repatriate?

Pursuant to Article 141, Paragraph 1 of Act of June v13th on foreigners (i.e. Journal of Laws of 2006 No. 234, Item 1694 with later amendments), the Head of the Office for Foreigners is a central body of governmental administration, appropriate to deal with the cases of foreigners' entries into the territory of the Republic of Poland, the travel across that territory, stay within it and the departure form it, the refugee status grant, the grant of asylum to foreigners, issuance of consents for the tolerated stay, granting temporary protection, excluding the cases which are reserved for other bodies. Considering the above mentioned fact, the Head of the Office for Foreigners is not a body which is appropriate to take decisions concerning the repatriation.

Additionally, we kindly inform you that pursuant to Article 5, Paragraphs 4-5 of Act of November 9^th 2000 on the repatriation (i.e. of 2004, No. 53, Item 532 with later amendments) decisions on the determination of Polish citizenship are issued by the consul. An appeal against the decision can be lodged to the minister appropriate for internal affairs. The body of a higher instance in the understanding of the Administrative Proceedings Code in cases of the determination of Polish citizenship is the minister appropriate for internal affairs.

15) On what conditions can foreigners conduct business activities in Poland?

Pursuant to Article 141, Paragraph 1 of Act of June v13th on foreigners (i.e. Journal of Laws of 2006 No. 234, Item 1694 with later amendments), the Head of the Office for Foreigners is a central body of governmental administration, appropriate to deal with the cases of foreigners' entries into the territory of the Republic of Poland, the travel across that territory, stay within it and the departure form it, the refugee status grant, the grant of asylum to foreigners, issuance of consents for the tolerated stay, granting temporary protection, excluding the cases which are reserved for other bodies. Considering the above mentioned fact, the Head of the Office for Foreigners is not a body which is appropriate to take decisions concerning the conduct of business activities by foreigners. The body which is appropriate to take decisions concerning the objective case is the minister appropriate for economic matters.

16) On what conditions can foreigners work within the territory of  Poland?

Pursuant to Article 141, Paragraph 1 of Act of June v13th on foreigners (i.e. Journal of Laws of 2006 No. 234, Item 1694 with later amendments), the Head of the Office for Foreigners is a central body of governmental administration, appropriate to deal with the cases of foreigners' entries into the territory of the Republic of Poland, the travel across that territory, stay within it and the departure form it, the refugee status grant, the grant of asylum to foreigners, issuance of consents for the tolerated stay, granting temporary protection, excluding the cases which are reserved for other bodies. Considering the above mentioned fact, the Head of the Office for Foreigners is not a body which is appropriate to take decisions concerning the work performed by foreigners within the territory of the Republic of Poland. The body which is appropriate to provide information considering the objective matter is the minister appropriate for labour matters.

17) What conditions does a foreigner have to fulfil to buy a real estate in Poland?

Pursuant to Article 141, Paragraph 1 of Act of June v13th on foreigners (i.e. Journal of Laws of 2006 No. 234, Item 1694 with later amendments), the Head of the Office for Foreigners is a central body of governmental administration, appropriate to deal with the cases of foreigners' entries into the territory of the Republic of Poland, the travel across that territory, stay within it and the departure form it, the refugee status grant, the grant of asylum to foreigners, issuance of consents for the tolerated stay, granting temporary protection, excluding the cases which are reserved for other bodies. Considering the above mentioned fact, the Head of the Office for Foreigners is not a body which is appropriate to take decisions concerning the purchase of real estates by foreigners in Poland. The body which is appropriate to take decisions concerning the objective matter is the minister of Internal Affairs and Administration.

18) Personal data of a foreigner is included in the register of foreigners whose stay within the territory of the Republic of Poland in undesirable. The foreigner has entered into a marriage with a Polish citizen. What should the foreigner do?

Pursuant to Article 128, Paragraph 1a of Act of June 13^th 2003 on foreigners  (i.e. Journal of Laws of 2006, No. 234, Item 1694 with later amendments) the data of a foreigner who is married to a Polish citizen is not being included in the register of foreigners whose stay within the territory of the Republic of Poland is undesirable.

Therefore, the foreigner should submit the application for the removal of data form the above mentioned register to the Head of the Office for Foreigners. Together with the application the foreigner should submit: a written application in Polish  - the document should include detailed data of a foreigner, including the date of birth, address for correspondence, personally signed, original copy of a marriage certificate with the translation by a sworn translator, or, in the case of a marriage certificates drawn up abroad  - a legally attested duplicate of the copy of marriage certificate with the translation; or the original copy of a marriage certificate drawn up by the Polish Births and Deaths Registry or a legally attested copy of a marriage certificate drawn up by the Polish Births and Deaths Registry.

The confirmation of the revenue duty payment which amounts to PLN 17 should be attached to the application. The payment should be transferred to the account of the Office for the Capital City of Warsaw - Śródmieście District, ul. Nowogrodzka 43, 00-950 Warszawa

CITI BANK Warszawa.