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GOOD TO KNOW

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

2010.11.08

 

Visas are prolonged only in special cases listed in the provisions of the Act on foreigners. The body responsible for prolonging the visa is a voivode relevant for the place of the foreigner's stay. The foreigner is entitled to submit an application for the prolongation of a visa to the voivode relevant for the place of stay at least 7 days before the expiry of a period of stay determined in a possessed uniform visa market with "C" (14 days before the expiry of a period of stay on the basis of the national visa market with "D"). The application for prolongation of a visa is submitted using an appropriate form to the voivode relevant for the place of the foreigner's stay. The foreigner applying for prolongation of a visa is obliged to justify the application, enclose documents confirming circumstances included in the application and photographs of persons referred to in the application. Prolongation or denial of prolongation of a visa takes place by a decision.

The visa may be prolonged only if all the following conditions are fulfilled:

  • - the prolongation is justified by the professional or personal interest of the foreigner or by humane reasons,
  • - happenings which are the reason of applying for prolongation of the visa were beyond the foreigners control and could not be foreseen when the visa was issued,
  • - circumstances of the case do not indicate that the objective of the stay would be different than the declared one,
  • - circumstances justifying the denial of prolonging the visa do not occur.

The period of stay in the territory of the Republic of Poland on the basis of the prolonged visa may not exceed the maximum period of stay indicated for the specific visa type (3 months for the uniform stay visa and 1 year for the national visa).

When a foreigner who submitted an application for prolongation of the visa within the abovementioned deadlines, the voivode issues the national visa for the period of the proceeding of the visa prolongation (so-called procedural visa), if he/she fails to issue a decision concerning prolongation of the visa before the end of the legal stay on the basis of the previous visa, and after issuing the decision, the voivode cancels the procedural visa.

If the application for prolongation of the visa was not submitted within the abovementioned deadlines and the procedure concerning this case is not finished before the expiry of the legal stay on the basis of the possessed visa, the foreigner would be obliged to leave the territory of the Republic of Poland and wait for the decision abroad.

Who and when issues a visa for the purpose of carrying out employment?

2010.11.08

 

A visa for the purpose of carrying out employment may be issued as a national visa or as a uniform stay visa (so-called Schengen visa). The visa for the purpose of carrying out employment may be issued if the foreigner presents a work permit in the territory of the Republic of Poland or a written statement of the employer about the intention to employ the foreigner, if the employment permit is not required.

The visa for the purpose of carrying out employment is issued or denied by the consul relevant for the foreigner's state of residence. If the foreigner stays legally in the territory of the Member States of the European Union, Member States of the European Free Trade Association (EFTA) - parties of the Agreement on the European Economic Area or the Swiss Confederation, the visa for the purpose of carrying out employment may be issued also by any other consul.

Citizens of which countries may enter the territory of Poland without a visa?

2010.11.08

 

Since three months, the citizens of the following states are exempt from the requirement to possess a visa:

Andorra

Antigua and Barbuda

Argentine

Australia

Bahamas

Barbados

Brazil

Brunei Darussalam

Chile

Croatia

Guatemala

Honduras

Israel

Japan

Canada

South Korea

Costa Rica

Malaysia

Mauritius

Mexico

Monaco

Nicaragua

New Zealand

Panama

Paraguay

Salvador

San Marino

Saint Kitts and Nevis

Seychelles

Singapore

United States of America

Uruguay

Vatican

Venezuela

 

SPECIAL ADMINISTRATIVE REGIONS OF THE PEOPLE'S REPUBLIC OF CHINA

Hong Kong SAR

Macau SAR

BRITISH CITIZENS WHO ARE NOT CITIZENS OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FOR THE PURPOSE OF THE COMMUNITY LAW:

British Nationals (Overseas)

How to obtain the right of residence in Poland?

2010.03.15

 

A foreigner, while staying in the territory of Poland, may apply for granting a residence permit for a specified period of time. A foreigner may apply for the residence permit for a specified period of time if the circumstances justifying the necessity to reside in the territory of the Republic of Poland for longer than 3 months occurs. Pursuant to Article 53 (1) of the Act on foreigners, these circumstances are for example:

1) obtaining the work permit or the employer's written declaration confirming the intention to employ the foreigner if the work permit is not required.

2) carrying out economic activity on the basis of provisions in force in the Republic of Poland, which is beneficial for the national economy, particularly contributing to increase of investment, technology transfer, introduction of advantageous innovations or creation of new jobs,

3) marriage to a Polish citizen,

4)  undertaking or continuing full-time higher studies or full-time doctoral studies;

5)  intention to undertake or continue education or professional training;

6)  being bound by family bonds with a Polish citizen or a citizen or a Member State of the European Union,

 

A foreigner applying for obtaining the residence permit for a specified period of time in some cases is obliged to possess:

1)      health insurance within the meaning of provisions on common health insurance financing from the public financial means or confirmation that the costs of medical treatment on the territory of the Republic of Poland and

2)      stable and regular source of income which can cover the expense of the foreigner's living and the living of the members of his/her family who are dependent on him/her

These requirements are not applicable to i.e. spouses of the Polish citizens, a minor and a child of a foreigner who has the residence permit and was born within the territory of Poland, foreigners participating in professional trainings and internships implemented within programmes of the European Union and victims of human trafficking

The foreigner applying for granting residence permit for a specified period of time is obliged to submit:

1)   filled in form of application for granting the residence permit a for specified period of time,

2) 4 colour photographs sized 4.5 x 3.5 cm. The photographs should be unbroken, distinct, colour, presenting the person without any headwear and dark glasses in such a way to show the left half profile with visible left ear keeping uniformly illuminated face,

3) documents necessary to confirm the data included in the application and circumstances justifying application for granting the residence permit for a specified period of time,

4) confirmation of paying the stamp duty.

The foreigner applying for obtaining the residence permit for a specified period of time for example due to obtaining a work permit and carrying out economic activity is obliged to attach to the application also the legal title to the occupied flat in which he/she resides or plans to reside.

The residence permit for a specified period of time is granted every time for the period necessary to achieve the objective of the stay in the territory of the Republic of Poland, although not longer than for 2 years. In the event when the circumstance of applying for the residence permit for a specified period of time is undertaking or continuing studies, education or professional training or conducting research, the permit is granted for the period not exceeding 1 year.

For issuing the residence permit for a specified period of time, the foreigner should pay a stamp duty in the amount of PLN 340.

The fee for issuing a residence card is PLN 50.

Detailed information concerning residence permits for a specified period of time can be found in the relevant section of the web page (>The legalization of the stay> Instruction for foreigners).

Can a foreigner possessing the country visa (“D” symbol) may travel through the territory of the Schengen zone in order to reach the state which issued a visa?

2010.03.15

 

A foreigner possessing the country visa market with "D" has right to a single transit through the territory of other Schengen states in order to reach once the state which issued the visa. Note! The abovementioned visa does not entitle to pass across the Schengen states on the return way to the country of origin.

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

2010.03.15

 

Foreigners who enter the territory of Poland in order to stay there for the period of time which exceeds 3 days should have the financial means of PLN 100 for each day of the stay or the equivalent of this amount in foreign currencies.

In order to confirm that the foreigner has financial means indicated above, the following documents may be presented:

1)      traveller's cheque;

2)      credit card which can be used in Poland along with a certification of the value of the credit card limit;

3)      payment card which can be used in Poland along with a certification of the current amount of financial means of the account or a recent account statement;

4)                  certification of the possession of financial means kept in a bank or a credit union which are located within the territory of the Republic of Poland, confirmed by a seal and a signature of an authorised officer of the bank or the credit union, issued at the latest one month before crossing the border;

5)                  original invitation;

6)      document confirming granting a scholarship in case of foreigners entering Poland in order to undertake or continue education, participate in research or trainings.

A foreigner entering the territory of the Republic of Poland in order to undertake or continue studies, participate in research or training should possess the amount of PLN 1,600 or its equivalent in foreign currencies for covering the expenses of accommodation and food for the period of the first two months of the stay in this territory.

A foreigner wants to arrive to Poland. Who should he/she apply to in order to obtain a visa?

2009.09.03

 

Visas are issued or denied by the consul. Therefore, an application for issuing a visa should be submitted to the consul.

The visas are issued as uniform visas: stay or transit visas and national visas.

A stay uniform visa (so-called Schengen visa) market with "C" authorises to enter the Schengen zone once or more than once, providing that both, the period of continuous stay and the total length of subsequent stays within the territory of Schengen countries do not exceed 3 months within the period of 6 months counted from the first entry into the territory.

A national visa marked "D" authorises to enter the territory of the Republic of Poland and continuously stay within it or to have few subsequent stays which together last longer than 3 months but shorter than one year and take place while the visa is valid.

A visa may authorise to one, two or unlimited number of entries within the period of stay specified in the visa by the number of days.

A foreigner may apply for a visa if he/she possesses a valid travel document, which validity exceeds by at least 3 months the date, when the foreigner has to leave the territory of the Republic of Poland on the basis of the issued visa or the territory of the Schengen zone in case of the uniform visa.

A person applying for issuing a visa should submit an application form and enclose photographs of persons referred to in the application and documents confirming:

  • 1) circumstances provided in the application:
  • 2) covering by an insurer the costs of medical treatment in the territory of the Schengen zone in the amount of at least EUR 30,000 throughout the period of planned stay within this territory - in case of application for issuance of a uniform stay visa;
  • 3) possessing health insurance within the meaning of provisions on common health insurance financing from the public financial means or confirmation that the costs of medical treatment on the territory of the Republic of Poland shall be covered by an insurer during the residence on this territory - in case of entry on the basis of a national visa,

A foreigner is also obliged to present documents confirming the objective of entering Poland. He/she should also provide documents confirming that he/she is in possession of financial means necessary to cover the costs of planned stay. A foreigner entering the territory of our country for the period of more than 3 months should possess the amount of PLN 100 per each day of stay or its equivalent in foreign currencies for covering the costs of accommodation, food, transport and return to the country of origin.

A person applying for a visa should pay the consular fee (which as a general rule is EUR 60 in case of both, uniform and national visas). The consular fee should be paid before submitting the application of issuing a visa. The fee is not returned in case of a denial of visa issuance.

What are the rules governing the entry to the territory of Poland?

2009.09.03

 

A foreigner may cross the border and stay on the territory of the Republic of Poland if he/she is in possession of:

1)  valid travel document;

2)    valid visa or other document entitling to enter and stay on this territory, if they are required.

A foreigner entering the territory of the Republic of Poland should:

1)    provide the objective and conditions of the planned stay;

2)    possess and present at the request of the competent officer of the Border Guard:

a)    document confirming health insurance within the meaning of provisions on common health insurance financed from the public financial means or confirmation that the costs of medical treatment on the territory of the Republic of Poland shall be covered by an insurer during the stay on this territory - in case of entry on the basis of a national visa,

b)    financial means necessary to cover the costs of planned stay and return to the country of origin or costs of transit or a document confirming the possibility to lawfully obtain those means.

c)    authorisation to enter another state or permit to stay in another state, if such authorisations are required in case of transit.

The means and documents confirming the possibility to legally obtain such means need not be presented by foreigners who cross the border on the basis of e.g.:

  • - visa for the purpose of repatriation,
  • - stay visa for the purpose of carrying out employment,
  • - stay card,
  • - visa for the purpose of taking benefit from the rights originating in Karta Polaka.

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