• I. Entry into the territory of the Republic of Poland
  • 1. EU and EEA citizens
  • 2. Citizens of third party states
  • 3. Types of visa
  • 4. Visa procedure and fees
    • 4.1. Competent body
    • 4.2. Deadlines
    • 4.3. Fee
    • 4.4. Required documents
• II. Stay in the territory of Republic of Poland
  • 1. Required level of resources
  • 2. Visa extension
    • 2.1. Competent body
    • 2.2. Deadlines
    • 2.3. Fees
  • 3. Basis for stay by EU and EEA citizens in the territory of the Republic of Poland
    • 3.1. Stay for period not exceeding 3 months
    • 3.2. Stay for period exceeding 3 months
    • 3.3. Permanent stay
  • 4. Bases for stay by citizens of third party states in the territory of the Republic of Poland
    • 4.1. Permission for residence over a designated period
    • 4.2 Permission to settle
    • 4.3 permission for stay by long-term EC resident
  • 5. Duty to register place of stay

As to principle, citizens of European Union (EU), European Economic Area (EEA) and third–party states have the right to enter the territory of the Republic of Poland if they:

1. hold a valid visa or are exempted from the obligation to possess a visa, or

2. hold a valid residence card.

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Citizens of European Union (EU) member states and members of their families, and also citizens of states from the European Economic Area - Norway, Iceland, Liechtenstein and Switzerland (EEA) and members of their families, may enter and stay in the territory of the Republic of Poland for a period not exceeding a total of 90 days without the necessity of holding a visa.

Crossing the Republic of Poland border by a citizen of the EU requires that a valid travel document be held or another document confirming the identity and citizenship. A family member not being an EU citizen may enter the territory of the Republic of Poland on the basis of a valid travel document and a visa, if this is required.

The citizens of third party states, i.e. citizens of countries outside the EU and EEA area, intending to enter and stay in the territory of the Republic of Poland have the obligation to obtain an appropriate visa. The regulations in force nonetheless envisage a series of waivers from this obligation. Among others, this applies to citizens of Australia, Japan, Canada, South Korea, Malaysia, Singapore and the USA (a full schedule is available on the Internet pages of the Ministry of Foreign Affairs of the Republic of Poland).

Waiver of the obligation to hold a visa, both for EU and EEA citizens and those of other states, nonetheless applies only to entry for the period usually not exceeding 90 days and does not apply to entry for the purpose of education, work or other remunerated activity.

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Citizens of third states who are not entitled to waiver of the obligation to hold a visa may enter the territory of the Republic of Poland if they possess one of the following, issued for a specified purpose:

1. Schengen visa (C): entitling to one or a greater number of entries and stays, on condition that neither the length of continuous stay nor the total length of successive stays in the territory of Schengen area states exceeds 3 months in the course of a 6-month period, calculated from the day of first entry into the territory;

2. domestic visa (D): entitling to entry and continuous stay solely in the territory of the Republic of Poland, or a number of successive stays, lasting altogether for longer than 3 months and not exceeding a total of a year during the visa validity period.

A Schengen visa or a domestic visa, excluding a transit airport visa (A), can be issued for the following purposes, among others: tourism, visits, conducting commercial activity, carrying out employment, higher educational studies, conducting academic research, medical treatment, performing a permit for residence for a determined period, permission to settle or permission for stay by a long-term EC resident. The visa validity period and stay within its terms and detailed procedural requirements are respectively adapted to the purpose for which it is issued.

A foreigner should generally file application for a Schengen visa at the consulate of a Schengen area state in his country of legal residence. In case of a planned visit in one Schengen zone country, the application should be filed at the consulate of that country, whereas in case of a planned visit in a number of Schengen zone countries, the application should be made at the consulate of the country being the main destination of the foreigner’s journey.

A foreigner should generally file application for a domestic visa at the Consulate of the Republic of Poland in the foreigner’s country of legal residence. If the foreigner is legally staying on the territory of EU member states or the EEA, a visa for work purposes can also be issued by another consul.

An application for a Schengen visa should be filed not earlier than three months before the start of a planned visit and normally no later than around 10 days before a planned journey. This is because the visa procedure normally takes a few working days (the final deadline may nonetheless differ, according to the foreigner’s state of origin and the consulate where the application is filed, and can amount to 30 or even 60 days – detailed information is provided by particular consulates).

An application for issue of a domestic visa should be made sufficiently early, bearing in mind that according to the foreigner’s state of origin and the consulate where the application is filed, the period for its consideration may amount to a month or even 2 months – detailed information is provided by particular consulates.

The fee for issue of a Schengen visa amounts to EUR 60 and is collected before the visa application is filed. The visa fee for children aged from 6 to 12 is EUR 35. The regulations also envisage waivers for certain categories of person, among others children aged less than 6 and students travelling to undertake studies. The fee is non-refundable in case of refusal to grant a visa.

The fee for issue of a domestic visa, collected before the visa application is filed, amounts to EUR 60. The level of this fee may differ, however, depending on the country of origin and in association with international agreements entered into by the Republic of Poland (e.g. Ukraine, Belarus).

In order to obtain a Schengen visa or domestic visa, a foreigner is obliged to file the following documents at a consulate (in person or through an attorney – detailed information is provided by particular consulates):

1. a completed application form (normally available for collection on the Internet pages of a given consulate);

2. photographs (requirements as to their quantity and kind are specified by a given consulate);

3. copy of the travel document (passport or other), the validity period of which expires not earlier than 3 months before the expiry period of the visa being applied for and that contains at least one or two (depending on the consulate) empty pages and that was issued within the last ten years. The original travel document should be shown upon filing the application. It is not retained for the period of application proceedings. Some consulates additionally require another identity document;

4. proof of payment of the appropriate fee for the given visa;

5. documents concerning accommodation or confirmation of possession of sufficient resources to cover costs of accommodation in Schengen state / Republic of Poland territory;

6. documents confirming that the person seeking a visa has sufficient resources to cover costs of living throughout the entire period of the planned stay and to cover costs of return to the state of origin or residence, or for transit to a third state that will grant permission for entry, or the possibility of obtaining such resources in accordance with the law (this does not apply to family members of EU, Norway, Liechtenstein or Switzerland, who accompany them or join them);

7. information allowing for an assessment of whether the person seeking the visa intends to leave Schengen state / Republic of Poland territory (possession of a return ticket is normally required);

8. in cases where this is required in relation to the citizen of a given state – proof of possession of health insurance in the meaning of the regulations on health care benefits from public resources, or possession of an appropriate, valid medical travel insurance policy in the amount of at least EUR 30,000 for the period of intended stay in Schengen state / Republic of Poland territory, together with copy thereof;

9. other documents required to demonstrate the given purpose of journey (e.g. invitation, document confirming family ties, letter from employer, work permit, employment contract plan of journey) – detailed information is provided by particular consulates;

10. most consulates reserve the right to demand that the applicant also provide other documents in the course of proceedings if this turns out to be necessary.

A foreigner entering the territory of the Republic of Poland for a period of stay not exceeding 3 days should possess resources to cover costs of accommodation, board, transit and return to state of origin in the amount of at least PLN 300 or its equivalent in foreign currency.

Foreigners entering the territory of the Republic of Poland for a period of stay exceeding 3 days should possess an amount of PLN 100 for every day of stay or its equivalent in foreign currency.

For the purpose of documenting possession of the specified resources, the foreigner may present, among others: 

1. traveller’s cheques;

2. a credit card that can be used in the Republic of Poland, together with statement on credit limit thereon, or a payment card that can be used in the Republic of Poland, together with an up to date certificate as to the state of the account, or an up to date account statement;

3. statement on possession of means of payment at a bank or other institution with its registered office in the territory of the Republic of Poland, confirmed by the stamp and signature of an authorised person, issued at the latest one month before crossing the border;

4. original invitation, as referred to in art. 16 section 1 of the Act on foreigners dated 13 June 2003, confirming the ability to gain appropriate means.

The level of resources required, and the scope of the documents that can be used for the purpose of confirming possession thereof, differ from those indicated above in the case of particular purposes for journey (work, study, medical treatment, participation in organized tourism, sports tournaments) – the detailed requirements have been regulated in the Ordinance of the Minister of Internal Affairs and Administration dated 22 December 2008 on the amount of financial resources to be held by a foreigner on entering the territory of the Republic of Poland, and documents certifying possession of such resources.

It is possible to extend a visa, whether a domestic visa or a Schengen visa, only in particularly justified cases.

A Schengen visa can be extended if it is impossible for a given person to the leave Schengen area before expiry of the permitted period of stay covered by the visa:

1. as a result of force majeure, or

2. for humanitarian reasons, or

3. if there are important personal reasons on the part of the visa holder to justify extension of a visa.

A domestic visa can be extended solely in a situation where the following conditions are fulfilled together:

1. if this is supported by important professional or personal interest, or else humanitarian reasons;

2. the events being the reason for seeking a visa extension have arisen independently of the foreigner’s will and were impossible to envisage when the visa was issued;

3. circumstances of the case do not indicate that the foreigner’s purpose of stay will be other than as declared;

4. no circumstances arise justifying refusal to issue the visa.

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The competent body for extending either a Schengen or a domestic visa is the provincial governor competent for the foreigner’s place of stay.

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The visa holder is obliged to file a visa extension application at least 7 days before expiry of the period of stay on the basis of Schengen visa held, or 14 days before expiry of the period of stay on the basis of domestic visa (in draft changes to the Act on Foreigners, this deadline is being shortened to 3 days for both types of visa).

The regulations in force envisage that the foreigner’s stay in the territory of the Republic of Poland is regarded as being legal from the date application is filed, on condition that it is filed within the deadline, until a decision is issued on extension of visa,.

Extension of a Schengen visa in cases specified in points 1 and 2 is made without fee; an application fee of EUR 30 is collected in the case specified in point 3. The fee collected on an application for extension of a domestic visa amounts to the equivalent of PLN 406. These fees are not refunded in case of refusal to extend a visa.

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3. Basis for stay by EU and EEA citizens in the territory of the Republic of Poland

EU citizens or EEA citizens and members of their families who are not EU or EEA citizens may stay in the Republic of Poland for up to 3 months without the necessity of fulfilling additional conditions for their stay (with the exception of the obligation to register their place of stay).

A citizen of the EU or EEA who stays in the territory of the Republic of Poland for longer than 3 months (upon fulfilling one of the conditions for stay formulated in the regulations of art. 16 and subsequent of the Act dated 14 July 2006 on the terms and conditions of entry into and stay in the territory of the Republic of Poland of citizens of EU member states and members of their families) is obliged to register his/her stay, and a member of his/her family who is not a citizen of the EU or EEA is obliged to obtain a residence card.

An application for registration of stay by a citizen of the EU or EEA or issue of a residence card to a member of the family should be filed in person with the provincial governor competent for the place of stay of the citizen, no later than on the next day after expiry of 3 months from date of entry into the territory of the Republic of Poland.

The provincial governor performs the registration of stay and issues a certificate in association with this on the registration of stay by a citizen of the EU or EEA immediately - on the spot. The provincial governor issues a residence card to a family member of a citizen of the EU or EEA no later than within deadline of 6 months from date of filing an application for issue thereof (the provincial governor issues a statement on receipt of application on the filing date thereof).

Documents or a written declaration confirming fulfilment of the conditions for stay mentioned above should be appended to the completed application form, and also a photographs in case of an application for issue of a residence card for a family member of a citizen of the EU or EEA. A valid travel document is to be shown on filing an application for registration of stay or issue of a residence card for a family member.

A valid travel document or other document confirming identity and citizenship should be shown when collecting a certificate or residence card, together with proof of payment of fee in the amount of PLN 1 (in the case of a certificate on registration of stay) or PLN 30 (in case of a residence card).

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After the passage of 5 years uninterrupted stay on the territory of the Republic of Poland, a citizen of the EU or EEA acquires right of permanent stay. A family member who is not a citizen of the EU or EEA acquires right of permanent stay after the passage of 5 years uninterrupted residence on the territory of the Republic of Poland together with the citizen.

The Act on the terms and conditions of entry into and stay in the territory of the Republic of Poland of citizens of EU member states and members of their families also regulates the possibilities of acquiring the right to permanent stay before the expiry of a 5-year period of stay in the territory of the Republic of Poland. This applies to exceptional situations of a professional or family nature.

In both cases, with certain exceptions, the stay is regarded as uninterrupted when breaks therein have not exceeded a total of 6 months in a year. Stay on the territory of the Republic of Poland is interrupted by performance of a decision on expulsion of a citizen of the EU or EEA or family member who is not a citizen of the EU or EEA.

An application for issue of a certificate confirming right of permanent stay (in the case of a citizen of the EU or EEA) or permanent residence card for the family member of a citizen of the EU or EEA should be filed in person with the provincial governor competent for the citizen’s place of residence. If intending to remain in the territory of the Republic of Poland, a family member who is not a citizen of the EU or EEA is obliged to file a respective application before expiry of the validity deadline for the residence card.

The provincial governor issues a certificate confirming right of permanent stay of a citizen of the EU or EEA immediately – on the spot. The provincial governor issues a permanent residence card for a family member of a citizen of the EU or EEA not later than within a deadline of 6 months from date of filing an application for issue thereof (the provincial governor issues a certificate of receipt of application on the date the application is filed).

Photographs should be attached to the completed application form. A valid travel document should be shown upon filing the application.

A valid travel document or other document confirming identity and citizenship upon collecting a certificate confirming right of permanent stay or a permanent residence card for a family member, and, in both cases, confirmation of payment of the fee in the amount of PLN 30.

A citizen of third party state may obtain the right to stay in the territory of the Republic of Poland, in particular after expiry of the period of stay designated in a visa or the visa validity period on the basis of permission for residence over a designated period, permission to settle or permission for stay by a long-term resident of the EC.

In each case, the residence card issued to the citizen of third party state (upon permission for stay for a designated period, permission to settle or permission for stay by a long-term resident of the EC) confirms, during its validity period, the identity of the person during the period of stay in the territory of the Republic of Poland and together with a travel document gives entitlement for multiple crossings of the border without the necessity to acquire a visa.

A citizen of third party state may seek the granting of permission for residence over a designated period if circumstances arise justifying the foreigner’s residence in the territory of the Republic of Poland for a period longer than 3 months. These prerequisites have been specified in detail by the regulations of the Act on foreigners dated 13 June 2003. Among others, this relates to situations where a foreigner:

1. holds a work permit, or a written certificate from an employer on the intention to offer the foreigner work performance of work if a work permit is not required;

2. conducts commercial activity of benefit to the national economy on the basis of regulations in force in this scope in the Republic of Poland, in particular contributing to the growth of investment, technology transfer, placing great innovation or creation of new jobs;

3. is the spouse of a Polish citizen;

4. is staying or arrives in the territory of the Republic of Poland for the purpose of undertaking or continuing higher educational studies or studies for a doctoral degree.

An application for residence for a designated period should be filed with the provincial governor competent for the citizen of third party state place of residence, and in case of a citizen of third party state who is staying abroad, with the provincial governor competent for his or her intended place of residence. A citizen of third party state who is staying abroad should file the application to grant a residence permit for a designated period through a respective consul. In the latter case, a provincial governor’s decision can be served to a citizen of third party state through a consul. The citizen of third party state is then obliged to obtain a visa entitling entry into the territory of the Republic of Poland so as to perform the permission for residence for a designated period.

If the citizen of third party state is staying in the territory of the Republic of Poland, the application to grant permission for residence for a designated period should be filed at least 45 days before expiry of the period of stay on basis of visa or the period for which the previous permission was granted for residence for a designated period. In case of it being impossible for the provincial governor to issue a decision within the above deadline, the citizen of third party state shall be granted a procedural visa for the period of proceedings in the case, which entitles the foreigner to legally remain in the territory of the Republic of Poland until issue of a final decision.

Permission for residence over a designated period is granted on each occasion for the period indispensable for attainment of the purpose of stay in the territory of the Republic of Poland, as to principle for no longer than 2 years. A residence card is issued as the result of issue of permission to reside for a designated period, valid for the period designated in the permission, and which the citizen of third party state must collect in person from the provincial governor issuing it. As to principle, the procedure should be completed within a period not exceeding 3 months from the date of fling the application.

In seeking issue of permission for residence for a designated period, the citizen of third party state is obliged to file the following:

1. completed application form for granting of permission for residence over a designated period;

2. photographs;

3. confirmation of payment of fee;

4. legal title to occupy housing accommodation where the foreigner resides or intends to reside (e.g. a lease contract), if this is required for the given purpose;

5. documents indispensable to confirm the data contained in the application and circumstances justifying seeking of permission to reside over a designated period for the said purpose.

The fee for the application for issue of permission to reside over a designated period amounts to PLN 340 PLN and is non-refundable in case of refusal to grant permission. A fee in the amount of PLN 50 is collected for issue of a residence card.

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A citizen of third party state can be granted permission to settle, if the foreigner fulfils one of the following conditions:

1. the foreigner is the minor child, born in the territory of the Republic of Poland, of a foreigner holding permission to settle;

2. the foreigner has been in a marital union entered into with a Polish citizen for at least 3 years before the application is filed, and the foreigner has stayed uninterruptedly in the territory of the Republic of Poland for at least 2 years, directly before the application is filed, on the basis of permission for residence over a designated period;

3. the foreigner has stayed uninterruptedly in the territory of the Republic of Poland directly before the application is filed for a period of not less than 10 years on the basis of permission for tolerated stay granted on the basis of art. 97 section 1 point 1 or 1a or section 2 of the Act dated 13 June 2003 on granting protection to foreigners within the territory of the Republic of Poland or for a period of 5 years in association with gaining refugee status or supplementary protection;

4. is the child of a Polish citizen and remains under the parent’s parental authority.

Stay in the territory of the Republic of Poland is regarded as uninterrupted, with certain exceptions, when none of the breaks therein was for longer than 6 months and these did not exceed 10 months in aggregate.

An application for granting of permission to settle should be filed with the provincial governor competent for the citizen of third party state place of stay solely during a stay on the territory of the Republic of Poland that is in accordance with the law (applications filed abroad are not considered).

Permissions to settle are granted for an unlimited period. As a result of issue of permission to settle, a residence card is issued valid for 10 years lat, which the citizen of third party state must collect in person from the provincial governor issuing it. As to principle, the procedure should be completed within a period not exceeding 3 months from the date of filing application.

In seeking issue of permission to settle, a citizen of third party state is obliged to file the following:

1. completed application form for granting permission to settle;

2. photographs;

3. confirmation of payment of fee;

4. legal title to occupy housing accommodation where the foreigner is staying or intends to stay (e.g. a lease contract), if this is required for the given purpose;

5. documents indispensable to confirm the data contained in the application and circumstances justifying seeking of permission to reside for a designated period for the said purpose.

The fee for application for issue of permission to settle amounts to PLN 640 and is non-refundable in case of refusal to grant permission. A fee in the amount of PLN 50 is collected for issue of a residence card.

A citizen of third party state can be granted permission for stay by long-term EC resident, if the foreigner has stayed on Republic of Poland territory legally and uninterruptedly before filing an application for at least 5 years and has (with certain exceptions):

1. a stable and regular source of income sufficient to cover the living costs of the foreigner and family members maintained by the foreigner;

2. health insurance in the meaning of the regulations on universal health insurance or confirmation of cover by an insurer of costs of treatment on the territory of the Republic of Poland.

Stay in the territory of the Republic of Poland is regarded as uninterrupted, with certain exceptions, when no break therein has been for longer than 6 months and breaks have not exceeded 10 months in aggregate.

An application for granting of permission for stay by long-term EC resident should be filed with the provincial governor competent for the citizen of third party state place of stay solely during a stay on the territory of the Republic of Poland that is in accordance with the law (applications filed abroad are not considered).

Permissions for stay by long-term EC resident are granted for an unlimited period. As a result of issue of permission for stay by long-tern EC resident, a residence card is issued valid for 5 years, which the citizen of third party state must collect in person from the provincial governor issuing it. As to principle, the procedure should be completed within a period not exceeding 3 months from the date of filing application.

In seeking issue of permission to settle, a citizen of third party state is obliged to file the following:

1. completed application form for granting permission to settle;

2. photographs;

3. confirmation of payment of fee;

4. legal title to occupy housing accommodation where the foreigner is staying or intends to stay (e.g. a lease contract), if this is required for the given purpose;

5. documents indispensable to confirm the data contained in the application and circumstances justifying seeking of permission to reside for a designated period for the said purpose.

The fee for application for issue of permission for stay by long-tern EC resident amounts to PLN 640 and is non-refundable in case of refusal to grant permission. A fee in the amount of PLN 50 is collected for issue of a residence card.

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A citizen of third party state, EU and EEA citizen and their family member staying in a hotel establishment, or at an establishment providing work in association with accommodation, studies, medical treatment or rest and recreation, should register for temporary stay before the expiry of 24 hours from the moment of arriving in the territory of the Republic of Poland. Registration is performed with the establishment manager or person authorized by that manager.

A citizen of third party state, EU and EEA citizen and their family member staying in place other than as indicated above is obliged to register with a City (or District) Administrative Office at the address where he/she is staying, at the latest before the expiry of the fourth day calculated from the moment of crossing the border of the Republic of Poland.

Registration for a temporary stay lasting up to do 3 months is performed at the City (or District) Administrative Office competent for the given person’s place of stay, in the presence of the accommodation’s owner or other entity holding legal title to the accommodation.

Registration for a temporary stay exceeding 3 months or for permanent stay is performed at the City (or District) Administrative Office competent for the place of stay on a special notification of stay form. It is necessary to have the fact of stay at the premises confirmed on this form by the owner or other entity holding legal title to the premises. The confirmation should take place by way of legible signature, together with designation of date of signature.

The following should be shown for the purposes of registration for temporary stay both up to 3 months and exceeding 3 months, and also for permanent stay:

1. travel document (passport, other document confirming identity);

2. document constituting basis for legal stay on the territory of Poland (e.g. visa, decision to grant permission for residence over a designated period, permission to settle, residence card, document confirming right of permanent stay for EC citizen, certificate of registration of stay by EC citizen, etc.);

3. document confirming legal title to housing accommodation of owner or other entity holding legal title to premises (e.g. lease contract, extract from land and mortgage register) – this is not always required.

In the scope of duty to register place of stay for citizens of the EC, EEA and citizens of third party states, changes are planned to the regulations in force controlling these issues in the Act dated 10 April 1974 on records of the populace and identity cards.

Fees are waived for registration of a citizen of third party state, EU and EEA citizen and member of their family.

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Authors:

Agnieszka Lisiecka (agnieszka.lisiecka@wardynski.com.pl)
Magdalena Świtajska (Magdalena.Switajska@wardynski.com.pl)
Labour Law Team

Wardyński & Partners law firm

Last update: June 2010