Straż Graniczna Komenda Główna Straży Granicznej Entry and stay conditions - Warunki pobytu cudzoziemców w RP -

Nawigacja

Warunki pobytu cudzoziemców w RP

Entry and stay conditions

Autor: Mariusz Dąbrowski
09.02.2017

A. Long stay entry conditions

I. The foreigner crossing the border for a long stay on the territory of Poland should possess:

  1. Valid travel document
  2. Valid long stay visa or residence permit issued by Polish authorities
  3. Document confirming possession of health insurance within the meaning of the act of 27 August 2004 on health care services financed from public funds or certificates of travel medical insurance for minimum amount of 30 000 euro, valid for a planned period of stay on the territory of Poland, which covers all expenses, that may arise during stay on that territory deriving from the need of return  from medical reasons, need of urgent medical assistance, urgent hospitalization or death, where insurer is obliged to cover all expenses directly to the medical service provider on the basis of the invoice – in case of entry on the basis of the national visa
  4. Financial measures necessary to cover cost of planned stay and return to the country of origin or country of stay  or costs of transit to the third country , which will accept his entry or document confirming the possibility to lawfully obtain such measures

 

Important: the list of travel documents recognized by the republic of Poland is included on the European commission website in section info. For further details please visit the website:

http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/index_en.htm

 

II. The foreigner is refused entry on the territory of Poland if:

  1. Does not possess documents indicated in part I., unless obligation of possession of such documents is excluded according to part II.
  2. Does not present sufficient documents  confirming the purpose and conditions of intended stay.
  3. His data are inserted in the index of persons undesirable on the territory of the Republic of Poland
  4. His data are inserted in the Schengen Information System for the purpose of refusal of entry
  5.  His entry on the territory of the Republic of Poland or stay on this territory may constitute the threat for public health
  6. It is required by the reasons of defence or security of the state or security and public order or international relations of the republic of Poland or other EU member state.

 

B. Short stay entry conditions

 

For intended stays on the territory of the Member States of a duration of no more than 90 days in any 180-day period, which entails considering the 180-day period preceding each day of stay, the entry conditions for third-country nationals shall be the following:

  1. they are in possession of a valid travel document entitling the holder to cross the border satisfying the following criteria:
  1. its validity shall extend at least three months after the intended date of departure from the territory of the Member States. In a justified case of emergency, this obligation may be waived;
  2. it shall have been issued within the previous 10 years;
  1. they are in possession of a valid visa, if required pursuant to Council Regulation (EC) No 539/2001, except where they hold a valid residence permit or a valid long-stay visa;
  2. they justify the purpose and conditions of the intended stay, and they have sufficient means of subsistence, both for the duration of the intended stay and for the return to their country of origin or transit to a third country into which they are certain to be admitted, or are in a position to acquire such means lawfully;
  3. they are not persons for whom an alert has been issued in the SIS for the purposes of refusing entry;
  4. they are not considered to be a threat to public policy, internal security, public health or the international relations of any of the Member States, in particular where no alert has been issued in Member States’ national data bases for the purposes of refusing entry on the same grounds.

 

 

 

 

The date of entry shall be considered as the first day of stay on the territory of the Member States and the date of exit shall be considered as the last day of stay on the territory of the Member States. Periods of stay authorised under a residence permit or a long-stay visa shall not be taken into account in the calculation of the duration of stay on the territory of the Member States.

Third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement are listed in Council regulation (EC) No 531/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement.

Moreover nationals of certain third countries are exempted from the visa requirement for the purpose of entry on the territory of Schengen States (including Poland) on the basis of visa waiver agreements concluded by EU with these states. Nationals of certain third countries are exempted from visa requirement for the purpose of entry on the territory of Poland on the basis of the agreement concluded by the republic of Poland with these states.

Information concerning third countries nationals exempted from visas are provided on the Ministry of Foreign Affairs website:

https://www.msz.gov.pl/pl/informacje_konsularne/przyjazd_do_polski/lista_panstw/

 

C. Exclusions

The obligation to possess financial measures  and documents confirming the possibility to obtain such measures lawfully does not concern foreigners crossing the border on the basis of:

  1. International agreements, which exempt the foreigner form the obligation to possess such measures or there is an the obligation to cover the expenses of stay by the Polish authorities or public institutions;
  2. Repatriation visa
  3. Visa for the purpose of employment
  4. Visa issued for the purpose of temporary protection
  5. Visa issued for the purpose of participation in the asylum proceedings
  6. Residence card
  7. Visa issued for the purpose of execution of rights deriving from the card pole.

 

Obligation to possess medical insurance is fulfilled if the foreigner possess appropriate insurance deriving from his professional situation

The foreigners entering the territory of the republic of Poland on the basis of visa issued for the purpose of employment, which is not subject yet to the medical insurance within the meaning of the act of 27 August 2004 on health care services financed from public funds, the obligation deriving from part. A. I.3 is fulfilled by presentation of travel medical insurance for minimum amount of 30 000 euro, valid until receiving medical insurance, which covers all expenses, that may arise during stay on that territory deriving from the need of return  from medical reasons, need of urgent medical assistance, urgent hospitalization or death, where insurer is obliged to cover all expenses directly to the medical service provider on the basis of the invoice.

D. Number of entries on the basis of Schengen or long stay visa

I. Schengen visa C entitles to the number entries indicated on the visa sticker. If in the field number of entries there was indicated number 1 it means that the visa entitles to the 1 entry on the territory of Schengen within its period of validity. If the possessor of that visa entered the Schengen territory and left this territory to the territory of third country he will not be entitled to reenter the Schengen territory.

If there is a phrase MULTI indicated in the field “number of entries” visa entitles to several entries on the Schengen territory within its validity period.

II. the long term visa type D issued by polish authorities entitles to the number of entries on the territory of the republic of Poland that were indicated on visa sticker. If in the field “number of entries” there was indicated number 1 it means that the visa entitles to the 1 entry on the territory of the Republic of Poland within its validity period. Therefore if the possessor of that visa entered the territory of the Republic of Poland and then left that territory to the territory of the third country or even to the territory of other Schengen Member state the visa he will not entitle him to reenter the territory of the Republic of Poland.

If there is phrase MULTI indicated in the field “number of entries” the visa entitles to several entries on the territory of Poland within its validity period.

E. The stay on the territory of the Republic of Poland

The foreigner is entitled to stay on the territory of Poland for the period of time deriving from the possessed Schengen visa, long term visa issued by the Polish authorities or residence permits issued by the Polish authorities.

In case of stay on the basis of visa free regime the foreigner is entitled to stay for the period of 90 days within 180 days period (or for the period  deriving from the visa waiver agreement concluded by EU or Poland with third country).

In case of stay on the basis of long term visa issued by other Schengen Member State, the foreigner is entitled to stay in the territory of Member States other than the state that issued  visa (including Poland) within the validity period of the visa for 90 days within 180 days period.

Similarly  in case of stay on the basis of the residence card issued by other Schengen member State the foreigner is entitled to stay on the territory of other Schengen Member States than the state that issued the document (including Poland) within the period of validity  of the residence permit for 90 days within 180 days period.

The foreigner while staying on the territory of Poland is obliged to possess and present in case of control:

  1. The travel document and documents entitling him to stay on the territory of the Republic of Poland (visa, residence card), if required;
  2. Financial means to necessary to cover costs of:
  • living while staying on the territory of Poland,
  • return to the country of stay or origin,
  • transit through the territory of Poland to the territory of State which will allow him for entry
  1. document confirming possibility of obtaining such financial means
  2. document entitling to work, economic activity or to entrust to perform work
  3. document confirming purpose and conditions of stay of the foreigner on the territory of the Republic of Poland

Important: for the purpose of facilitating the period of short term stay the European Commission has provided on the website the calculator Schengen. For further details please visit the website:

https://ec.europa.eu/home-affairs/content/visa-calculator_en  

F. The extension of stay on the territory of Poland

I. The extension of visa

The Schengen visa or the national visa may be extended by the decision of the voivode with jurisdiction over the place of stay of the foreigner.

The foreigner that intend to extend stay on the basis of Schengen visa or national visa shall submit an application for visa extension no later than on the last day of his legal stay on the territory of the Republic of Poland.

If the term for submission of the above mentioned application has been preserved and the application does not possess any formal defects or formal defects has been made up within the above term:

  1. the voivode insert a stamp in the travel document confirming submission of the application within due time;
  2. the stay of a foreigner on the territory of Poland is considered to be legal until a final decision concerning an extension of Schengen visa or national visa is issued.

The possession of the above mentioned stamp in the travel document confirms the legal stay on the territory of Poland, however does not entitle the foreigner to travel through the territories of other Schengen Member States. In case of leaving the territory of the Republic of Poland the stamp does not entitle the foreigner  to reenter the territory of Poland.

II. The temporary residence permit

The temporary residence permit is issued by the decision of the voivode with jurisdiction over the place of stay of the foreigner.

The foreigner shall submit an application for the temporary residence permit personally no later than on the last day of his legal stay on the territory of the Republic of Poland.

If the term for submission of the above mentioned application has been preserved and the application does not possess any formal defects or formal defects has been made up within the above term:

  1. the voivode insert a stamp in the travel document confirming submission of the application within due time;
  2. the stay of a foreigner on the territory of Poland is considered to be legal until a final decision concerning residence permit is issued.

The possession of the above mentioned stamp in the travel document confirms the legal stay on the territory of Poland, however does not entitle the foreigner to travel through the territories of other Schengen Member States. In case of leaving the territory of the Republic of Poland the stamp does not entitle the foreigner  to reenter the territory of Poland.

III. The permanent residence permit

 

The permanent residence permit and the residence permit for long – term resident of the European Union is issued by the decision of the voivode with jurisdiction over the place of stay of the foreigner.

If the term for submission of the above mentioned application has been preserved and the application does not possess any formal defects or formal defects has been made up within the above term:

  1. the voivode insert a stamp in the travel document confirming submission of the application within due time;
  2. the stay of a foreigner on the territory of Poland is considered to be legal until a final decision concerning residence permit is issued.

 

The possession of the above mentioned stamp in the travel document confirms the legal stay on the territory of Poland, however does not entitle the foreigner to travel through the territories of other Schengen Member States. In case of leaving the territory of the Republic of Poland the stamp does not entitle the foreigner  to reenter the territory of Poland.

 

  1. The residence permit for long – term resident of the European Union

The residence permit for long – term resident of the European Union is issued by the decision of the voivode with jurisdiction over the place of stay of the foreigner.

If the term for submission of the above mentioned application has been preserved and the application does not possess any formal defects or formal defects has been made up within the above term:

  1. the voivode insert a stamp in the travel document confirming submission of the application within due time;
  2. the stay of a foreigner on the territory of Poland is considered to be legal until a final decision concerning residence permit is issued.

 

The possession of the above mentioned stamp in the travel document confirms the legal stay on the territory of Poland, however does not entitle the foreigner to travel through the territories of other Schengen Member States. In case of leaving the territory of the Republic of Poland the stamp does not entitle the foreigner  to reenter the territory of Poland.

G. The obligation to leave the territory of the republic of Poland

The foreigner is obliged to leave the territory of the Republic of Poland before the end of the period of stay deriving from the visa free regime or from the possessed visa or residence permit.

The foreigner is also obliged to leave the territory of the republic of Poland within 30 days since the decision:

  • on refusal of the extension of Schengen visa or long term visa
  • on refusal of the temporary residence permit
  • on refusal of the permanent residence permit
  • on refusal of the residence permit for long – term resident of the European Union
  • on withdrawal of the temporary residence permit
  • on withdrawal of the permanent residence permit
  • on withdrawal of the residence permit for long – term resident of the European Union
  • on refusal of the refugee status
  • on refusal of the supplementary protection
  • on inadmissibility of the application  on international protection
  • discontinuance of the proceedings on international protection’
  • cancellation of the refugee status
  • cancellation of the supplementary protection
  • withdrawal of the authorization to stay for humanitarian reasons

 

has become final. In case of issuance of the decision by the second instance authority, since the decision of the second instance authority has been delivered.

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