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.:
- under the visa-free regime,
- on the basis of Schengen visas issued by Polish authorities,
- Schengen visas or long-term visas issued by other Schengen states,
- residence permits issued by other Schengen states,
- 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.