Obligation of foreigners crossing the Polish border on visa free regime or on C visa.

The foreigner who seeks an employment on the territory of the Republic of Poland may cross the border within visa free regime (if he is exempted from visa requirement), or on the basis of C visa. If the foreigner enters Poland within visa free regime or on C visa, he must remember that he may legally stay for the period of no more than 90 days within 180 days period. If he wants to stay and work longer, he has to ensure residence card or national visa.

When crossing the border for the purpose of employment in Poland, the foreigner travelling within visa free regime (in case of citizens of Ukraine, Georgia, or Moldova – on the basis of biometric passport) he will be subject to the border control during which, the Border Guard officer will verify whether the possessed passport has been issued within previous 10 years and whether it is valid at least 3 years after planned date of exit.

Then there will be verified, whether the foreigner has not exhausted the allowed period of short term stay.  The Border guard officer verifies  how many days the foreigner was present in the Schengen area within the previous 180 days. There are taken into account all days of stay in Schengen except for the stays on the basis of the residence card and the national D visa (in countries that issued these documents). The short term stay includes all factual stays of the foreigner on the basis of the Schengen visa, within visa free regime, within the procedure on issuance of the residence permit (on the basis of the stamp of the voivode in the passport confirming submission of the application within due term), and eventual previous illegal stays.

On the website of the EU Commission the Migration and Home affairs Directorate – General there is posted the short – stay visa calculator for the purpose of the calculation of periods of stay on your own.

In order to verify the purpose of entry  of the foreigner declaring employment in Poland, the Border Guard officer will require presentation of the work permit or the declaration on the entrustment of the performance of work and – if the foreigner possess – the work agreement (the verification of these documents is described in the further part). In case when the foreigner belongs to the category of persons exempt from the work permit, he should present documents confirming that he is exempted.

Moreover the foreigner will be asked for presentation of the financial measures for covering the costs of stay on the territory of Poland and return, and the document confirming  the possibility to obtain legally such financial measures.

The foreigner should possess at least 75 PLN for each day of planned stay for covering the costs of stay (but no less than 300 – for up to 4 days). If the foreigner does not possess the return ticket, then he should possess no less than 200 PLN for the purpose of covering the costs of the return ticket.

When the above requirements are fulfilled and the Border Guard officer, after verification in the IT systems makes sure that the foreigner’s data are not inserted in these systems for the purpose of the refusal of entry, then the foreigner is allowed to cross the border for entry into Poland.

If the foreigner does not fulfil at least one of the above conditions, he will be issued a decision on refusal of entry on the territory of Poland.

Obligations of the foreigner crossing the border on the basis of the national visa

The foreigner entering Poland for the purpose of employment on the basis of the Polish national visa may stay in Poland for the number of days indicated in visa, within the visa validity period.

During the border crossing for the purpose of employment on the basis of the Polish  national visa, the Border Guard officer verifies whether the passport and the visa of the foreigner are valid.

In order to verify the purpose of stay of the foreigner declaring employment in Poland as a purpose of the intended stay the Border Guard officer may ask for the presentation of the work permit or the declaration on the entrustment of the performance of work and if the foreigner possess – the work agreement. In case when the foreigner belongs to the categories of persons exempt from the obligation to possess work permit he should present documents confirming that he is exempted.

Moreover the foreigner will be asked for presentation for the financial measures for the purpose of the costs of stay in Poland and the return. The foreigner should possess for the purpose of the covering costs of stay 75 PLN for each day of the planned stay, but no less than 300 PLN (for stays up to 4 days). If the foreigner does not possess the return ticket he should possess at least 200 PLN  for the purpose of covering the costs of the return ticket. If the national visa possessed by the foreigner is a via issued for the purpose of employment he is exempted  from the obligation of producing the financial measures.

The foreigner must also present the medical insurance unless he possess appropriate insurance  related to his employment.

In case when the above requirements are fulfilled the Border guard officer after verifications in IT systems makes sure that the foreigner’s data are not inserted in these systems for the purpose of the refusal of entry, then the foreigner is allowed to cross the border for the purpose of entry into Poland.

If the foreigner does not fulfill at least one of the above conditions, he will be issued a decision on refusal of entry on the territory of Poland.

Verification of the declaration on the entrustment of the performance of work to the foreigner and the work permit

The foreigner in order to legally work in Poland must be in a possession of the work permit or the declaration on the entrustment of the performance or work to the foreigner (the simplified procedure relates only to the citizens of Armenia, Belarus, Georgia, Moldova and Ukraine). The declaration on the entrustment of the performance of work to the foreigner entitles him to work in the period indicated in the declaration, but not longer than 24 months. A work permit allows a foreigner to work for the period specified in the permit.

The Border Guard verifies the authenticity and validity of the above mentioned documents during the  border control.

One of the consequences of the use of the falsified declaration or the work permit is the refusal of entry on the territory of Poland when the foreigner is crossing the border. The decision on refusal of entry  will also be issued in case when the document is revoked or shows signs of tampering by unauthorized persons (crossing, manipulation, correction of letters, dates and so on).

If the foreigner would like to enter for the purpose of work earlier than the date of start of the work deriving from the declaration on the entrustment of the performance of work, then he may receive the decision on refusal of entry at the border.

The foreigner may enter the territory of Poland on the basis of declaration on the entrustment of the performance of work where the beginning period of work was defined as previous date to arrival. However in such cases it may happen that the employer withdraws for this reason his declaration. In case of withdrawal of the declaration on entrustment of the performance of work the Border Guard issues the decision on refusal of entry on the territory of Poland. Therefore we advise an ongoing contact with the employer before arrival to prevent such a situation happens.

The verification of the permit for a seasonal work

The foreigner may also legally work in Poland on the  basis of the permit for a seasonal work. The seasonal work permit authorizes the foreigner to work within the period time indicated in it, however no longer than 9 months within the calendar year.

The foreigner may enter Poland on the basis of the permit for a seasonal work or in case of the first entry, on the basis of the certificate of entry into the register of applications for a seasonal work.

One of the consequences of use of the counterfeit certificate or permit for seasonal work is refusal of entry on the territory of Poland. The decision on refusal of entry is also issued in case when the document was revoked or shows signs of tampering by unauthorized person (crossing, manipulation, correction of letters, dates and so on).

The periods of work on the basis of the permit for a seasonal work are independent on the periods of work on the basis of the declaration on entrustment of work to foreigner of on the basis of the work permit (does not sum up with it). It means that the foreigner may still work after exhausting of the permit for seasonal work, if he obtain a declaration on entrustment of  work or work permit.