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On 28.12.2010, the Act of 3 December 2010 amending the Act on Foreigners and certain other acts (Dz.U. No. 239, item 1593, as amended) has entered into force.

Visas issued on the basis of Article 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 were issued.

Furthermore, a foreigner who was granted a visa on the basis of Article 61(3) or Article 71a(3) of the above-mentioned Act keeps the rights referred to in Article 87(1)(12)(b) or Article 87(2)(5) of the Act of 20 April 2004 on promotion of employment and labour market institutions (Dz.U. of 2008, No. 69, item 415) amended in Article 3 in the previous wording and in Article 13(2)(1)(i) of the Act of 2 July 2004 on freedom of business activity (Dz.U. of 2007, No. 155, item 1095, as amended) amended in Article 4 in the previous wording throughout the validity period of such a visa.

Pursuant to Article 61(2a) of the Act of 13 June 2003 on Foreigners (consolidated text of Dz.U. of 2006, No. 234, item 1694, as amended), in the wording of the Act of 3 December 2010 amending the Act on Foreigners and certain other acts (Dz.U. No. 239, item 1593), if the deadline for the submission of the application has been met and the application does not contain defects in form or the defects in form have been rectified within the deadline, the voivode stamps the travel document of the foreigner and hence acknowledges that an application for the award of a residence permit for a fixed period has been submitted.

Pursuant to Article 61(3) of the above-mentioned act, if the deadline for the submission of the application has been met and the application does not contain defects in form or the defects in form have been rectified within the deadline, the stay of a foreigner within the territory of the Republic of Poland is considered legal until a final decision on residence permit for a fixed period has been taken.

Similarly, pursuant to Article 71a(2b) of the above-mentioned act, if a foreigner has submitted an application during a legal stay within the territory of the Republic of Poland and the application is free of defects in form, or the defects in form have been rectified within the deadline, the voivode stamps the travel document of the foreigner and hence acknowledges that an application for the award of a residence permit for a fixed period or a residence permit for EC long-term resident has been submitted.

Pursuant to Article 71a(3) of the above-mentioned act, if a foreigner has submitted an application during a legal stay within the territory of the Republic of Poland and the application is free of defects in form, or the defects in form have been rectified within the deadline, the stay of a foreigner within the territory of the Republic of Poland is considered legal until a final decision on settlement permit or residence permit for EC long-term resident period has been taken.

Pursuant to Article 61(2a) and Article 71a(2b) of the Act of 13 June 2003 on Foreigners, the stamp in the foreigner's travel document does not mean that a visa or a document authorising a foreigner to residence within the territory of the Republic of Poland and authorising them to travel within the territory of Schengen states has been issued. 

            The stamp in a travel document is only a confirmation that an application for the award of a residence permit has been submitted within the deadline.

Legality of foreigner's stay within the territory of the Republic of Poland during the procedure for the issue of a residence permit results from the law, and it is connected with effective submission of an application for residence permit, made within an appropriate deadline.

The fact of foreigner's having a travel document with a stamp in it, as referred to above, will make it more possible for the foreigner's stay within the territory of Poland to be legal, as defined in Article 61(3) or Article 71a(3) of the Act on Foreigners.

A foreigner with a stamp in their travel document may leave the territory of Poland (leaving for a country to which they have entry right), but if they are subject to visa obligation, they should obtain a visa authorising them to enter into and stay within the territory of Poland or a residence permit issued by another Schengen country in order to re-enter the territory of Poland.