Straż Graniczna Komenda Główna Straży Granicznej Outbreak of coronavirus - rules of entry and stay on the territory of the Republic of Poland - COVID Epidemia koronawirusa – szczególne zasady wjazdu i pobytu na terytorium RP -

Nawigacja

COVID Epidemia koronawirusa – szczególne zasady wjazdu i pobytu na terytorium RP

Outbreak of coronavirus - rules of entry and stay on the territory of the Republic of Poland

07.05.2021

Since June 13, 2020, there are no border controls at the internal borders with the Republic of Poland. The border can be crossed at any place both in the entry and exit direction from Poland. The restrictions, including restrictions on the entry of foreigners into Poland still apply at the external border.

Conditions of entry into Poland

At present, the external border in the direction of entry to Poland in accordance with the § 3 section 2 of the Regulation of the Minister of the Interior and Administration of 13 March 2020 on the temporary suspension or restriction of border traffic at specific border crossing points may only be crossed by the defined categories of travellers:

  1. citizens of the Republic of Poland,
  2. foreigners who are spouses or children of Polish citizens or remain under constant care,
  3. foreigners holding the Card of the Pole,
  4. members of diplomatic missions, consular posts and representatives of international organizations and members of their families, as well as by other persons crossing the border on the basis of a diplomatic passport;
  5. foreigners having the right of permanent or temporary residence on the territory of the Republic of Poland, i.e.:
  • persons holding a residence card issued for the purpose:
    • temporary residence permit,
    • a permanent residence permit,
    • long-term resident's EU residence permit,
    • a permit to stay for humanitarian reasons,
    • refugee status,
    • granting subsidiary protection,
  • about the people who have:
    • a certificate of registering the residence of an EU citizen,
    • the right of permanent residence of an EU citizen,
    • permission to stay as a family member of an EU citizen,
    • permission for permanent residence of a family member of an EU citizen;
  1. foreigners who have the right to work in the territory of the Republic of Poland and who simultaneously perform/are performing work in the territory of the Republic of Poland or during border control present documents which indicate that their work start immediately after crossing the border.

Persons belonging to this category of persons should present during border control documents confirming that the foreigner currently has access to the national labour market and currently benefiting from this access, i. e. he/she works in Poland or does business in our country. Depending on the category of foreigner, these will be the following types of documents:

Foreigners during the border control can provide electronic version, print or scan of original documents such as certificate of entry in the register on seasonal work or statement on entrusting work to a foreigner on the territory of the Republic of Poland

Right to enter to the Republic of Poland of foreigners entitled to perform work also concern the  travellers crossing the border before the day the work should start (indicated in the work permit) in connection with obliged to undergo a mandatory 10-days quarantine.

 

  1. foreigners who operate a means of transport for the transport of persons or goods and their journey takes place as part of professional activities involving the transport of goods or transport of persons;
  2. drivers engaged in carriage by road in the context of international road transport or international combined transport operations within the meaning of art. 4 points 2 and 14 of the Act of 6 September 2001 on road transport (Journal of Laws of 2019, item 2140 and of 2020, item 875) travelling in transit through the territory of the Republic of Poland by means of transport other than the vehicle by which road transport is carried out:
    • in order to take the rest referred to in Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulation (EEC) No 3821/85 and (EC) 2135/98, as well as repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.04.2006, p. 1, as amended 2)), in the territory of the country of stay,
    • after collecting the rest referred to in the Regulation mentioned above, and after a break in the performance of work in the circumstances indicated in art. 31 section 1 of the Act of 16 April 2004 on working time of drivers (Journal of Laws of 2019, item 1412);
  3. nationals of Member States of the European Union and of the European Free Trade Agreement (EFTA) - Parties to the Agreement on the European Economic Area or the Swiss Confederation and their spouses and children;
  4. foreigners holding a permanent residence permit or a long-term resident's European Union residence permit, on the territory of other Member States of the European Union, a Member State of the European Free Trade Agreement (EFTA) - Parties to the Agreement on the European Economic Area, the Swiss Confederation or the United Kingdom of Great Britain and Northern Ireland and their spouses and children, in order to travel through the territory of the Republic of Poland, to their place of residence or stay;
  5. students studying in the Republic of Poland, after having been documented to a Border Guard oficer that they are learning in the Republic of Poland and their guardians who crossing the border together with students in order to enable them to study

- primary and secondary schools for children and youth (i. e. eight-year primary school or post-primary school - i. e. four-year general secondary school, five-year technical school, three-year vocational school, three-year special school for work preparation),

- second-level vocational schools and post-secondary schools (i. e. a two-year industry school of II degree, post-secondary school for persons with secondary education or industry secondary education of no more than 2.5 years)

- for adults (primary school and general secondary school, where a separate education organisation applies and to which adults are admitted).

  1. students, participants in post-graduate studies, specialist education and other forms of education, as well as doctoral students studying in the Republic of Poland, after having documented their education in the Republic of Poland to a Border Guard officer.

Participants of specialist education are those of colleges in which specialist education lasts no less than 3 semesters and allows to obtain a full qualification at level 5. Polish Qualification Framework (at 5. the level of qualification shall be a diploma of graduation from a teacher's college, a diploma of graduation from a teacher's college of foreign languages, a diploma of graduation from a college of social workers).

  1. scientists conducting research or development works in the Republic of Poland, having documented to a Border Guard officer the conduct of scientific research or development works in the Republic of Poland; specialists in a specific field of science employed in a scientific position at a university, college or research institute, who carry out research work on selected issues.
  2. foreigners travelling by aircraft within the meaning of Article 2 point 1 of the Act of 3 July 2002 - Aviation Law (Dz. U. of 2019, item. 1580 and 1495 as well as from 2020 pos. 284 and 1378) operating an international flight who:

​​the entry of these persons into the territory of the Republic of Poland is based on the verification of conditions of entry and stay contained in Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on the EU Code on the rules governing the movement of persons across borders (Schengen Borders Code) or in the Act of 12 December 2013 on Foreigners.

  1. persons crossing the border of the Republic of Poland on the basis of a national repatriation visa or a visa to come to the territory of the Republic of Poland as a member of the repatriate's close family;
  2. foreigners who arrive in connection with participation, as a competitor, training staff member, doctor, physiotherapist or judge,in international sports competitions organised on the territory of the Republic ofPoland by an international sports federation activ  in Olympic or Paralympic sport or other sport recognised by the International Olympic Committee or organised by an international sportsorganisation ofcontinental range belonging to such federation or Polish sports associationas and accredited journalist, af er documenting to the Border Guard officer the fact of taking part in the competition, the date and nature of participation by a relevant letter issued by the organiser of the competition or certified by a Polish sports association competent in a given sport.

  3. foreigners crossing the border of the Republic of Poland on the basis of  humanitarian visa
  4. (from 09/22/2020) citizens of the Republic of Belarus;
  5. fishermen within the meaning of the article 2 point 9 of the Act of 11 September 2019 on work on board a fishing vessel (Dz.U. pos. 2197) or seafarers within the meaning of the article 2 point 3 of the Act of 5 August 2015 on worka at sea (Dz.U of 2020 pos.1353), including seafarers employed under the conditions laid down in article 46 or 108 of the Act on worka at sea, and also:
  • seafarers and fishermen travelling to the port for employment purposes (work onboard a ship) and to their place of residance or stay after the completion employment, even they are travelling by different means of transport – also through the territory of the Republic of Poland

  • persons working on a ship or offshore platform on the basis of documents different than sailor’s employment contract  

  1. foreigners holding visa issued for the purpose of participation in ‘’Poland. Business Harbour” programme  

  2. foreign entrepreneurs and representatives of foreign business entities crossing the Polish border for business purposes who have been notified by a diplomatic mission of a given country accredited in the Republic of Poland and obtained the consent of the minister responsible for foreign affairs for such a visit.

  3. citizens of the United Kingdom of Great Britain and Northern Ireland and their spouses and children,

Persons who do not meet at least one of the above conditions do not currently have the right to enter the territory of the Republic of Poland.

In particularly justified cases (mainly due to humanitarian reasons), the commanding officer of the Border Guard Post, after obtaining the consent of the Commander-in-Chief of the Border Guard, may allow foreigners who do not meet the entry requirements set out in the Regulation of the Minister of Internal Affairs and Administration of March 13, 2020 on temporary suspension or restriction of border traffic at specific border crossing points, to enter the territory of the Republic of Poland.

The decision on permitting entry is made each time by the commanding officer of the Border Guard Post during the border check, after the necessary control and verification activities have been carried out, in particular after verification of the documentation submitted by the foreigner.

This means that a foreigner cannot apply for such a permit earlier.

Special solutions for foreigners

- Extension of stay under visa-free regime, on the basis of visas and residence permits issued by other Schengen States

 

The provisions of the Act of March 2, 2020 on special arrangements for preventing, counteracting and combating COVID -19, other infectious diseases and crisis situations caused by them, introduced a number of special legal solutions aimed, inter alia, to sort out problems related to, among others with the legality of foreigners’ residence on the territory of the Republic of Poland after the declaration of the state of epidemic emergency. These solutions include:

  • extension by law of the periods of validity of temporary residence permits expiring during the period of state of epidemic emergency or state of epidemic  – until the end of the 30th day following the date of cancellation of one of the above-mentioned states, whichever was in force last (art. 15zd section 3 of the Special Act); holders of national visas retain the right to cross the state border and stay in the territory of the Republic of Poland during the period when the state of emergency or state of epidemic is in force, as well as for a period of 30 days after the last state is recalled;
  • extension by law of periods of stay and periods of validity of national visas in cases where the last day of the period of stay on the basis of such visas would fall within the period of state of epidemic emergency or state of epidemic  – until the end of the 30th day following the date of cancellation of one of the above-mentioned states, whichever was in force last (Article 15zd section 1 of the Special Act);
  • recognition as legal by law the residence of foreigners on the territory of the Republic of Poland in cases where, on the day from which the state of epidemic emergency was announced in connection with SARS-CoV-2 virus infections was first declared, they were staying on that territory on the basis of short-term residence titles , i.e.:
  1. under the visa-free regime,
  2. on the basis of Schengen visas issued by Polish authorities,
  3. Schengen visas or long-term visas issued by other Schengen states,
  4. residence permits issued by other Schengen states,
  5. long-term visas or residence permits issued by Member States of the European Union which are not countries of the Schengen areas (when, according to the law of the European Union, such visas or documents entitle to stay in the territory of the Republic of Poland,

-  from the day following the last day of legal residence resulting of these titles until the expiry of the 30th day following the date of cancellation of the state of epidemic emergency or state of epidemic, whichever was in force last (Article 15z1 section 1 of the Special Act).

The above provision (Article 15z1) has effect only with the respect to the abovementioned documents the holders of which were on the territory of the Republic of Poland on the day on which the first declaration of the state of epidemic emergency was announced connected with SARS-CiV-2 virus infection and is not tantamount to the prolongation of any of the above-mentioned visas or documents or extension of authorised stay under visa-free regime.

The use of this legal basis for stay in the territory is in no way conditional on the submission of any applications, issuing permits or documents, and no administrative decision is issued for this effect to occur. There is no need to obtain a visa extension under the provisions of the Act on Foreigners.

- Extension of stay on the basis of a declaration of employment, work permit, residence cards and other

  • extension by law of the periods of validity of work permits and seasonal work permits, as well as periods of permitted work on the basis of declarations of entrusting work to a foreigner, entered in the register of declarations – until the end of the 30th day following the date of cancellation of one of the states, whichever was in force last (Article 15zzq of the Special Act);
  • enabling changes in the conditions of work performed by foreigners specified in work permits, seasonal work permits, declarations on entrusting work to a foreigner, entered in the register of declarations, temporary residence and work permits, temporary residence permits for the purpose of performing work in a profession requiring high qualifications, temporary residence permits for the purpose of work under an intra-corporate transfer or temporary residence permits for the long-term mobility of a managerial staff member, specialist or trainee employee, as part of an intra-corporate transfer, as well as in the documents attached to the notice of intention to use from the short-term mobility of a managerial staff member, specialist or trainee employee, within the framework of an intra-corporate transfer - if this change is a result of the entity which entrusts the work (or the host entity with its registered office in the territory of the Republic of Poland) with individual powers aimed at protecting jobs in crisis conditions and preventing the spread of SARS-CoV-2 virus, regulated in art. 3, art. 15g section 8, art. 15x section 1 and art. 15zf section 1 of the Special Act (Article 15z5 of the Special Act);
  • providing access to seasonal work within the meaning of art. 88 section 2 of the Act of 20 April 2004 on employment promotion and labour market institutions (Journal of Laws of 2019, item 1482, as amended) for foreigners who in the period following March 13, 2020 had access to the Polish labour market on the basis of a work permit, seasonal work permit, prolongation of the work permit, prolongation of the seasonal work permit or statement on entrusting work to a foreigner, entered in the register of statements - in the period of state of epidemic emergency or state of epidemic and in the period of 30 days immediately following the cancellation of the last of the states;
  • extension by law of the periods of validity of residence cards falling within the period of state of epidemic emergency or state of epidemic - until the end of the 30th day following the date of cancellation of one of the states, whichever was in force last (Article 15z2 section 1 of the Special Act); a foreigner is entitled to use the document they hold as valid despite the expiry date specified therein. This means that holders of such documents retain the right to cross the state border;
  • extension by law of the periods of validity of Polish foreigner's identity documents and documents confirming the possession of a permit for tolerated stay (tolerated stay permit) until the end of the 30th day following the date of cancellation of one of the states, whichever was in force last (Article 15z6 sections 3 and 5 of the Special Act);
  • extension by law of the periods of validity of documents issued for a limited period of time issued to citizens of the Member States of the European Union and of the European Free Trade Association (EFTA) - Parties to the contract on the European Economic Area or the Swiss Confederation and their family members who are with them or who join them, i.e. documents confirming the right of permanent residence, residence cards of an EU citizen's family member and permanent residence cards of an EU citizen's family member, falling within the period of state of epidemic emergency or state of epidemic - until the end of the 30th day following the date of cancellation of one of the states, whichever was in force last (Article 15z6 section 1 of the Special Act);
  • extension by law of the deadlines for submitting an application for a temporary residence permit, permanent residence permit, long-term resident's EU residence permit, for visa extension or for extension of stay as part of visa-free regime falling within the period of state of epidemic emergency or state of epidemic - until the end of the 30th day following the date of cancellation of one of the states, whichever was in force last (Article 15z of the Special Act);
  • extension by law of the dates of leaving the territory of the Republic of Poland resulting from art. 299 section 6 of the Act of December 12, 2013 on Foreigners (Journal of Laws of 2020, item 35) falling within the period of state of epidemic emergency or state of epidemic - until the end of the 30th day following the date of cancellation of one of the states, whichever was in force last (Article 15zza of the Special Act);
  • extension by law of the periods of voluntary return defined in the decisions on imposing the return obligation, falling within the period of state of epidemic emergency or state of epidemic - until the end of the 30th day following the date of cancellation of one of the states, whichever was in force last (art. 15zzzb of the Special Act);
  • extension by law of the periods of validity of temporary foreigner's identity certificates (known as TZTC) falling within the period of state of epidemic emergency or state of epidemic - until the end of the 30th day following the date of cancellation of one of the states, whichever was in force last (Article 15z3 section 1 of the Special Act).

Who is released from quarantine after crossing the EU external border?

The quarantine obligation does not apply when crossing the border of the Republic of Poland as part of performing professional activities by:

  1. aircrafts crews
  2. fishermen within the meaning of the article 2 point 9 of the Act of 11 September 2019 on work on board a fishing vessel (Dz.U. pos. 2197) or seafarers within the meaning of the article 2 point 3 of the Act of 5 August 2015 on worka at sea (Dz.U of 2020 pos.1353), including seafarers employed under the conditions laid down in article 46 or 108 of the Act on worka at sea, and also:
  • seafarers and fishermen travelling to the port for employment purposes (work onboard a ship) and to their place of residance or stay after the completion employment, even they are travelling by different means of transport – also through the territory of the Republic of Poland
  • persons working on a ship or offshore platform on the basis of documents different than sailor’s employment contract  

  1. persons performing work or providing services on ships or offshore mining and drilling platforms
  2. persons performing works in the Republic of Poland or a neighbouring country related  to  the preparation or implementation of investments in the field of terminal or accompanying investments in the scope of the terminal within the meaning of the Act on investments in the regasification terminal of liquefied natural gas in Świnoujście, strategic investments in the field of transmission networks within the meaning of the Act on the preparation and implementation of strategic investments in the field of transmission networks or strategic investments in the oil sector within the meaning of the Act on the preparation and implementation of strategic investments in the oil sector
  3. drivers performing road transport as part of international road transport or international combined transport within the meaning of the Act on road transport https://www.gov.pl/web/infrastruktura/zasady-przewozu-osob-w-publicznym-transporcie-zbiorowym-oraz-zwolnienia-z-obowiazku-kwarantanny-kierowcow-zawodowych-w-transporcie-miedzynarodowym
  4. the train crew and other employees necessary to perform freight transport services under international rail transport, performing professional activities in the Republic of Poland ora neighbouring country, on the basis of a list constituting a list of these persons forwarded by the carrier
  5. drivers performing road transport with motor vehicles or combinations of vehicles witha maximum permissible weight not exceeding 3.5 tonnes in road transport of goods and non-profit road transport of goods;
  6. drivers performing road transport by road with vehicles designed for transport over 7 and no more than 9 people including a driver in commercial international road transport of persons.
  7. Persons performing medical profession within the meaning of the article 2 section 1 point 2 of the Act of 15 April 2011 on medical activity (Journal of Laws of 2020, item 295, 567 i 1493) who have obtained qualifications for the pursuit of that proffesion outside the territory of the Republic of Poland and they are crossing the border in order to provide of health care services on the polish territory.
  • Those people should present  during border control documents confirming that they provide health care services on the territory of the Republic of Poland (certificate issued by the operator of the treatment activity or decision of Minister for health who gave permission for practice of a medical proffesion on the polish territory)

Moreover, the quarantine obligation does not apply when crossing the border of the Republic of Poland:

  1. students studying in Poland  or in a neighbouring country and their guardians who cross the border together with students in order to enable this learning,
  2. children covered by pre-school education in the Republic of Poland or in a neighboring country and by their guardians who cross the border with them in order to enable that education
  3. students, participants in post-graduate studies, specialist education and other forms of education, as well as doctoral students studying in Poland or in a neighbouring country 
  4. persons conducting scientific activities within the meaning of art. 4 section 1 of the Act of 20 July 2018 on Law on Higher Education and Science on the territory of Poland or in a neighbouring country
  5. by soldiers and employees of the Armed Forces of the Republic of Poland or soldiers and civilian employees of allied forces, officers of the Police, Border Guard, the Internal Security Agency, Customs and Tax Service, State Fire Service and State Protection Service, inspectors of Road Transport Inspection, performing official tasks
  6. members of diplomatic missions, consular posts and representatives of international organizations and members of their families, as well as by other persons crossing the border on the basis of a diplomatic passport;
  7. maritime administration inspectors
  8. persons working on a farm situated on both sides of this border
  9. foreigners holding a permanent residence permit or a long-term resident's residence permit of the European Union for the purpose of transit through the territory of Poland in the territory of other Member States of the European Union, a Member State of the European Free Trade Association (EFTA) - parties to the Agreement on the European Economic Area or the Swiss Confederation and their spouses and children, for the purpose of transit through the territory of the Republic of Poland, to the place of residence or stay,
  10. persons sailing in recreational craft between ports of EU Member States, EFTA Member States - parties to the EEA Agreement without calling at third country ports,
  11. persons performing works related to the protection of Polish cultural heritage abroad, including conservation, inventory and research works, carried out as part of projects financed by the minister in charge of culture and national heritage protection or by state cultural institutions organised by this minister,
  12. persons participating as an athlete, member of a training staff, doctor, physiotherapist or judge in international sports competitions organised on the territory of the Republic of Poland by an international sports federation active in Olympic or Paralympic sports or other sports recognised by the International Olympic Committee, or organised by an international continental sports organisation belonging to such federation or a Polish sports association, as well as accredited journalists.
  13. members of the national team of Polish sports associations, members of the training staff, doctors, physiotherapists and sports judges, returning to the Republic of Poland from training camp or international competitions organized by an international sports federation operating in Olympic or Paralympic sports or another recognized by the International Olympic Committee or organized by an international sports organization with a range of continental belonging to such a federation,
  14. persons vaccinated against COVID-19 with a vaccine authorised in the European Union. The certificate of the vaccination shall be presented to the Border Guard officer (when crossing the  border)
  15. persons crossing the internal border of the Republic of Poland within the meaning of the Article 2 point 1 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on the EU Code on the rules governing the movement of persons across borders (Schengen Borders Code) with the purpose of professional duties, duty or commercial purposes in Poland or neighbouring countries. Foreigners should present relevant documents issued by the employer in Polish or in the language of the neighboring country during border control
  16. according with the provisions of the Regulation of The Council of Ministers of 26 lutego 2021  on establishment of specific restrictions, orders and prohibitions in relation to the state of epidemic has been imposed quarantine obligation apply also to the people crossing internal border of the Republic of Poland by rail transport, by car, by ferry or on foot.( above provision applies to all persons going to their place of residence or stay)

a. until 25 April 2021 quarantine obligation apply also to the people crossing the border by ferry and land border with Czech Republic, Lithuania, Germany or Slovakia regardless the means of transport they travel or on foot (above provision applies to all persons going to their place of residence or stay)

b.other persons (persons not going to their place of residence or stay) regardless the means of transport they travel or on foot and persons travelling by aircraft are obliged to have a negative result of a diagnostic test for SARS-CoV-2 performed, before crossing the border, within 48 hours from the date of the result of that test, and submit, upon request of a Border Guard officer or the Police, the result of that test in Polish or in English.

  1. ​there are several exceptions from the obligation of providing negative test result on entry or quarantine obligation for travellers with an essential function or need (point 25 - excluding air trasport) Examption applies to points number: 1-8, 14, 15, 23, 24 and 31. Morover the provision contained in number 25a shall not apply to persons providing negative test for SARS-CoV-2 performed prior to crossing the border within 48 hours of the result of that test. The certification of the negative result of the diagnostic test shall be presented to Border Guard Officer in English or Polish language,

  2. exceptions from the obligation of providing negative test result on entry for travellers with an essential function or need - travelling by air transport. Examption applies to points number: 1-8, 14, 15, 23 and 31

  3. A negative COVID-19 test isn’t considered on external border  in the direction of entry to Poland. People travelling from third countries are obliged to go under 10-days of quarantine. Travellers who were directed to quarantine in Poland will be able to take a test 48 hours after crossing the border, a negative result of which will exempt them from quarantine. You are obliged provide to Border Guard your full details of address where you will be in quarantine and current phone number​​​

  4. nationals of Member States of the European Union and of the European Free Trade Agreement (EFTA) - Parties to the Agreement on the European Economic Area or the Swiss Confederation and their spouses and children in order to travel through the territory of the Republic of Poland, to their place of residence or stay;

  5. persons with a negative result of a diagnostic test for SARS-CoV-2 performed, prior to crossing the border, within 48 hours of the result of that test. The certification of the negative result of the diagnostic test shall be presented to Border Guard Officer (when crossing the external border) in English or Polish language,

  6. persons who have completed their home isolation, isolation or hospitalisation due to infection with the SARS-CoV-2 virus, not later than 6 months before the date of crossing the border of the Republic of Poland. Such isolation or hospitalisation should be documented to a Border Guard officer. Above mentioned persons are obliged to provide to the Border Guard Officer relevant documents proving completion of their home isolation, isolation or hospitalisation due to infection with the SARS-CoV-2 virus in English or Polish language,

  7. persons crossing the border of the Republic of Poland as part of performing professional activities, employed in a medical entity (established by Minister competent for Health) that will work in order to fulfill duty of Medical Air Rescue

  8. Persons crossing the border of the Republic of Poland who have started their journey from the territory of the Federative Republic of Brazil, the Republic of India or the Republic of South Africa are subject to 10 days quarantine after crossing the border. The period of implementation of the quarantine obligation is reduced if the person obtained a negative result of the diagnostic test for SARS-CoV-2 performed after crossing the border of the Republic of Poland not earlier than 7 days from  crossing it. The obligation to undergo quarantine is considered to be fulfilled when the negative test result is entered by the medical diagnostic laboratory performing the diagnosis of SARS-CoV-2 virus infection to the ICT system.

Border Guards is entitled to sharing personal data of people that has been imposed quarantine or home isolation to air carrier. Above activities shall be taken to prevent travel by aircraft of those persons

 

Residence of EU/EEA/Switzerland citizens and the coronavirus epidemic

 

EU/EEA/Switzerland nationals and their family members who are not EU/EEA/Switzerland nationals may reside in Poland for up to 3 months without fulfilling any residence conditions other than holding a valid travel document. An EU/EEA/Switzerland citizen may hold another valid document proving his identity and nationality. Their family members who are not EU/EEA/Switzerland nationals should have a visa to enter Poland unless they are exempt from this requirement.

Residence of more than 3 months

A citizen of the EU/EEA/Switzerland is entitled to stay for more than 3 months if he fulfils one of the following conditions:

  1. is an employee or self-employed person on the territory of Poland;
  2. has sufficient financial resources to support itself and its family members on the territory of Poland so as not to be a burden on social assistance and adequate health insurance;
  3. studies or receives vocational training in Poland and has sufficient financial resources to support himself and his family members on the territory of Poland so as not to be a burden on social assistance and has adequate health insurance;
  4. is the spouse of a Polish citizen.

If the stay in Poland lasts longer than 3 months, the EU/EEA/Switzerland citizen and his/her family member must register their stay. However, a family member who is not an EU/EEA/Switzerland citizen is obliged to obtain a residence card for the EU citizen's family member. These formalities can be carried out in the voivodship office competent for the place of residence of a given person. The application shall be submitted in person, not later than on the day following the expiry of 3 months from the date of entry into the territory of Poland.

The provincial offices have suspended direct customer service. Therefore, at present it is not possible to register the residence, obtain a certificate of registration of the residence of an EU citizen, issue a residence card of an EU citizen's family member, as well as documents confirming the right of permanent residence on the territory of Poland.

It should be pointed, however, that the residence rights of EU/EEA/Switzerland citizens and their family members exercising their freedom of movement on the territory of Poland are granted by law if the conditions of the right of residence are met. They do not depend on registration of residence or obtaining a residence permit.

Extension by law of the periods of validity of issued documents

The current legislation provides for the legal extension of the following documents issued to EU/EEA/Switzerland nationals and their family members who reside with or join them:

In the same way as the other anti-crisis solutions concerning the legal extension of validity periods of documents, if the end of the validity period of one of the above mentioned documents is not valid, the validity period of the documents will be extended by law. documents will fall within the period of an emergency or epidemic condition, it will be extended until the 30th day following the date of cancellation of that condition (emergency or epidemic), which will be last in force. At the same time, this extension will not create a basis for the exchange or issuance of a new document.

Certificates of registration of residence of EU citizens as documents of unlimited duration are not covered by this regulation.

It follows from the above that EU/EEA/Switzerland nationals or their family members in one or more of the following situations will be admitted to border control under the current rules:

  1. EU/EEA/Switzerland nationals holding a certificate of registration of residence of an EU citizen or a document confirming the right of permanent residence of an EU citizen, issued by Polish authorities;
  2. family members of EU/EEA/Switzerland nationals holding a residence card for an EU citizen's family member or a permanent residence card for an EU citizen's family member, issued by the Polish authorities;
  3. EU/EEA/Switzerland citizens or their family members who are spouses of Polish citizens or children of Polish citizens or children in the permanent care of Polish citizens;
  4. EU/EEA/Switzerland nationals or their family members holding a Card of the Pole;
  5. EU/EEA/Switzerland nationals or members of their families who are heads of diplomatic missions or members of the diplomatic and consular staff of the mission;
  6. EU/EEA/Switzerland nationals or their family members working in the territory of Poland or holding documents showing that they will start working immediately after entering the territory of Poland;
  7. EU/EEA/Switzerland citizens or their family members who are pupils or students studying in the Republic of Poland;
  8. EU/EEA/Switzerland nationals and their spouses and children in order to transit through the territory of the Republic of Poland to their place of residence or stay.

 

 

do góry