Legality of residence
I am a citizen of Poland and one more state. Should I report this while entering Poland? Should I fulfill any formalities?
| No. If you are a citizen of Poland you are recognized as such.
As a Polish citizen you have unrestricted access to the country and enjoy all the rights of the citizen. Such formalities, other than the obligation to register your address, apply only to foreign nationals residing in Poland temporarily or permanently. A “foreign national” is a noncitizen. |
Within what time should I leave Poland if I am refused a permit for residence?
| Without delay, within up to 30 days from the effective date of the Province Governor’s decision or from the date of serving on you the decision of the Head of the Office for Foreigners (after the appellate procedure). The decision may:
– Refuse to extend your Schengen or Polish visa; – Refuse to grant you a permit for temporary residence; – Refuse to grant you a permit for permanent residence; – Refuse to grant you permit for residence of a long-term EU resident; or – Terminate proceedings in any of these cases. |
I reside in Poland based on a Polish visa reflecting the purpose of my stay. The visa will remain valid for 10 more months. Do I have to apply for a permit for tem-porary residence?
No. The Law on Foreign Nationals allows for granting, but does not require, a permit for the temporary residence of a foreign national who intends to stay in Poland longer than 3 months. The stay may be based on a sequence of visas or on the visa-exempt traffic system, subject to compliance with the requirements for the entry to, and residence in, Poland.
I have two valid passports, one of which is biometric. Do I need a separate resi-dence permit for each of the passports?
No. You are required to present one of them – the one which you used to enter Poland.
I have a valid Pole’s Card. Does it make me eligible to enter Poland and work here?
The Polish Ethnicity Attestation Card (the “Pole’s Card”) is an evidence of being a part of the Polish nation. The Law on the Polish Ethnicity Attestation Card (the “Pole’s Card”) defines benefits of holding the Card.
You are exempt from the obligation to have a permit for work and you may pursue business activity on equal terms with Polish nationals, among other privileges. However, there is no naturalization and no automatic right to enter, or settle in, Poland. You need a consular visa for entry (gratuitous), unless it has been waived in your case, and, if you wish to settle, a permit for permanent residence (see art. 195(1)(9) of the Law on Foreign Nationals).
On what basis may a for-eign national enter Poland legally? How to prolong the permit for residence?
A foreign (“third-country”) national may enter, and stay in, Poland either based on a valid Polish or Schengen visa or under the visa-exempt traffic system (unless the visa is required anyway).
Also, the entry may be based on a permit for residence or a long-term visa granted by another Schengen Area Member State.
If this person wishes to stay longer than provided for in the instrument of entry (up to 3 months, as to the rule), this should be legalized by applying for an extension. The application should state its reasons and the term of stay may be extended by an administrative decision given based on the Law on Foreign Nationals and its implementing regulations. The application should be filed on a special form with the Province Governor with jurisdiction over the place of stay.
The extension can be temporary (up to 3 years for the holder of a permit for temporary residence) or indefinite (for the holder of a permit for permanent residence or a permit for residence of a long-term EU resident). The extension is given in the form of a residence card.