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STAMPS IN TRAVEL DOCUMENTS INSTEAD OF PROVISIONAL VISAS

On 28.12.2010 the Act of 3 December 2010 on the amendment to the Act on foreigners and some other acts (Dz. U. No 239 item 1593)

Visas issued under Articles 61 (3) or Article 71a (3) of the Act of 13 June 2003 on foreigners (Dz. U. of 2006 No 234 item 1694 as amended) remain valid throughout the period for which they have been issued.

In addition a foreigner who has been issued a visa under Article 61 (3) or Aricle 71a (3) of the above Act preserves the rights referred to in Article 87 (1) (12) (b) or Paragraph 2 (5) of the Act of 20 April 2004 on employment promotion and labour market (Dz. U. of 2008 No. 69 item 415) amended in Article 3 in its meaning so far and Article 13 (2) (1) (i) of the Act of 2 July 2004 on freedom of economic activity (Dz. U. of 2007, No. 155, item 1095 as amended) amended in Article 4 in its present meaning throughout the period of validity of this visa.

Pursuant to Article 61 (2a) of the Act of 13 June 2003 on foreigners (consolidated text Dz. U. of 2006 No. 234, item 1694 as amended) within the meaning of the Act of 3 December 2010 on the amendment to the Act on foreigners and some other acts (Dz. U. No 239, item 1593), if the deadlines for the submission of the application has been observed and the application does not contain any defects of form or the defects of forms have been remedied within the deadline, the Voivode puts a stamp in the foreigner's travel document to confirm that the application for residence permit for a fixed permit has been submitted.

Pursuant to Article 61 (3) of the above Act, of the deadline for the submission of the application has been observed and the application does not contain any defects of form or the defects of forms have been remedied within the deadline, the foreigner's stay in the territory of the Republic of Poland will be deemed legal until a final decision on a residence permit for a fixed period has been issued.

Similarly, in accordance with Article 71a (2a) of the above Act, if the foreigner submitted an application during their legal stay in the territory of the Republic of Poland and the application does not contain any defects of form or the defects of form have been remedied within the deadline, the Voivode places in the foreigner's travel document a stamp confirming the submission of an application for a settlement permit or a residence permit for a long-term EC resident.

In accordance with Article 71a (3) of the above Act, if the foreigner submitted an application during their legal stay in the territory of the Republic of Poland and the application does not contain any defects of form or the defects of form have been remedied within the deadline, the foreigner's stay in the territory of the Republic of Poland will be deemed legal until a final decision on a settlement permit or a residence permit for a long-term EC resident has been issued.

Placing a stamp on a foreigner's travel document under Article 61 (2a) and 71a (2b) of the Act of 13 June 2003 on foreigners does not amount to issuing a visa or a document authorising a foreigner to stay in the territory of Poland and to travel within the territory of other states of the Schengen area. 

            An imprint of a stamp on a travel document only confirms that an application for a stay permit has been submitted within the deadline set.

Whether or not a foreigner's stay in the territory of Poland is legal during the procedure of stay permit is dependent on the law and the fact of having effectively submitted the application for a stay permit within the deadline.

If the foreigner has a travel document with a stamp referred to above, this will constitute evidence that a foreigner's stay in the territory of Poland is legal, pursuant to Article 61 (3) or Article 71a (3) of the Act on foreigners.

A foreigner who has the above stamp in their travel document may leave the territory of Poland (when going to a country to which they have a right of entry). However, if they are subject to a visa requirement, they should obtain a visa authorising to entry into and stay in the territory of Poland or a stay permit issued by another Schengen area state to be able to re-enter the territory of Poland.