Visa-free countries (countries, which citizens can enter Poland without visa), generally can be divided into two groups:
1. Countries, whose citizens can enter Schengen area without visa and stay there up to 90 days within the period of 180 days, according to the decision of European Community Council from 2001.
2. Countries, whose citizens also have to leave Poland after 90-day-stay, but then, in most cases, can immediately come back - the rule 90/180 doesn't apply to them. The special situation of the citizens of these countries is a result of bilateral agreements, signed with Poland before it entered European Union.
Note that the first rule applies to the whole Schengen area, but the second - only to Poland.
So, in the first case, after 90-day-stay a person has to leave Schengen area - leaving Poland will not be enough.
In the second case, after 90-day-stay a person has to leave Poland, but can stay on the territory of Schengen area.
1. Countries, whose citizens can stay on
the territory
of Schengen area for 90 days within the period of 180 days |
2. Countries, that signed bilateral agreements with Poland before 2004 - their citizens in most cases can stay in Poland for 90 days and after leaving
can immediately come back – do not have to wait for the next 90 days *
|
|---|---|
| Albania (only for holders of biometric passports) Andorra Antigua & Barbuda Australia Bahama Islands Barbados Bosnia & Herzegovina Brunei Darussalam Bahamas Former Yugoslav Republic of Macedonia (only for holders of biometric passports) Montenegro (only for holders of biometric passports) Georgia (only for holders of biometric passports) Guatemala Canada Mauritius Monaco New Zealand Paraguay Salvador San Marino Saint Kitts & Nevis Seychelles Serbia (only for holders of biometric passports) Taiwan Ukraine (only for holders of biometric passports Vatican Venezuela and British nationals (overseas) from Hongkong |
Argentina Brasilia Chile Croatia Honduras Israel Japan South Korea Costa Rica Malaysia Mexico Nicaragua Panama Singapore USA Uruguay Special administrative regions of PRC: Hongkong SAR, Macao SAR |
* The mentioned bilateral agreements are prepared on the basis of the similar pattern, however, they can differ. To bring clarity to your situation, it would be useful to have a look at the specific agreement with your country. They can be found on the side of Polish Ministry of International Affairs (http://www.traktaty.msz.gov.pl/?lang=en)
While the situation of the first group of countries is quite clear, the rule applying to the second group (bilateral agreements) raises some concerns. Below I present - as an example - conversation from yesterday with one of my clients:
I'm from US, now I stay in Poland without visa or residence card, and I plan to stay here for more than 90 days. I know that I have to leave for some time, but for how long? When can I come back?
You are required to cross the border, no matter for how long. You can leave for one day. But remember: you must have a proof that you left Poland after 90 days of stay.
I was told by my US friends in Poland, that I have to leave not only Poland, but the whole Schengen zone, is it true?
No, leaving Poland will be enough, you don't need to leave Schengen area. You can travel, for example, to one of Poland's neighbouring countries. The basis of this rule is bilateral agreement between your country and Poland, Schengen area has nothing to do with it.
But if you travel inside the territory of Schengen area, you will not have border stamps in passport, so you have to think about another proof, that you left Poland. That is why some people in your situation decide to leave Schengen zone. However, an easier solution might be to obtain, for example, the confirmation from the Polish Embassy abroad, that you have visited them.
But remember - in another Schengen countries (if there weren't signed any other bilateral agreements) there is still valid the EC regulation saying that you are allowed to spend in the Schengen area only 90 days within the period of 180 days. So, if you leave Poland and visit another Schengen country not later than on your 90th day of stay in Poland/Schengen area, everything is OK. But after the next 90 days you should leave Poland and travel directly outside Schengen zone - for example, to the US by plane.
But remember - in another Schengen countries (if there weren't signed any other bilateral agreements) there is still valid the EC regulation saying that you are allowed to spend in the Schengen area only 90 days within the period of 180 days. So, if you leave Poland and visit another Schengen country not later than on your 90th day of stay in Poland/Schengen area, everything is OK. But after the next 90 days you should leave Poland and travel directly outside Schengen zone - for example, to the US by plane.
Legal basis:
- COUNCIL REGULATION (EC) No 539/2001 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
- Bilateral agreements between Poland and Argentina,Brasilia, Chile, Croatia, Honduras, Israel, Japan, South Korea, Costa Rica, Malaysia, Mexico, Nicaragua, Panama, Singapore, USA, Uruguay, Macau, and Hongkong
I'm a US citizen. I like Poland and would like to stay an extended period of time.
ReplyDeleteIf I stay in Poland 90 days then leave for 3 days to Ukraine, and then return to Poland, can I still visit other Schengen countries? For how long? Or is there a restriction, since I was just in a Schengen country for 90 days?
In other words, after the first 90 days in Poland and then returning for a fresh 90, is a US citizen allowed to enter other Schengen countries?
Thanks!!
In general, according to EC regulation - no, you are not allowed to travel to another Schengen country, because you already have spent in Schengen area more than 90 days within the period of 180 days. The situation with Poland is an exception - we signed with US an agreement, that allows you to stay in our country for more days. I don't know, whether there are any other Schengen countries, that signed similar agreements. I suspect, that in majority of them the EC regulation (180/90) is currently in force.
DeleteOkay thanks.
ReplyDelete1 more question...
After the first set of 180 days in Poland, can a US citizen enter another Schengen country?
Or, does he still have to be entirely outside the entire Schengen region for 90 days before he can visit other Schengen countries which are not Poland?
Thanks!
Unfortunately, you still have to be outside the entire Schengen region for 90 days... But check the regulations in the country you plan to enter - maybe there are other bilateral agreements in force, I don't have knowledge on it. If there isn't anything else, you should follow the 180/90 regulation.
ReplyDeleteI am retired US Citizen living in Germany. My fiancée is Polish. I want to move to Poland, I do not wish to work for I am retired. What are the difficulties if any I may encounter. Would I be allowed to travel anywhere in Poland.
ReplyDeleteAs an American citizen, you can stay in Poland without visa on terms that I described above (staying in Germany has nothing to do - your citizenship is important). If you plan to live in Poland for longer, it is better to apply for visa in Polish consulate in Germany or for residence card after entering Poland. Visa or residence card would allow you to stay in Poland without bothering about leaving our country every 90 days. Unfortunately, if you point having Polish fiancée as your reason of stay, the voivodship office doesn't have duty to give you residence permit. However, it is possible, that you get it, if you convince the official, that you should stay in Poland for significant reasons.
ReplyDeleteIf you stay in Poland legally, you can of course live or travel anywhere in our country.
Thank you very much.
DeleteThanks for the post! My wife and I have been living in Poland this way for almost a year and a half now. Have you heard of anyone having problems doing this for a long period of time? We have left Schengen every time, so we have stamps in our passports. Any reports of people getting denied re-entry even though they've followed the 90 day rule perfectly?
ReplyDeleteThanks!
No, I've never heard about such a situation. You are the best example, that it works.
DeleteThanks for the reply! We've left Schengen every 90 days to make sure we have the stamp and have had no problems yet. This last weekend we went to Serbia and the border guard even counted our days, but since it was under 90 since the last stamp it wasn't a problem. Let's hope it stays that way!
DeleteJust an update that my wife and I are still leaving every 90 days with no problem. It's annoying, but it's still fine. Any new reports?
DeleteNo, I didn't receive any new reports. Thank you!
DeleteUpdate 3- We're still here:) Taking another trip this week! Any new updates or reports?
DeleteThis comment has been removed by the author.
DeleteAnonymous, I'd like to ask you something but how can I get in touch with you? Do you have an email address because I'd like to do samething.
DeleteAlso, for Expat Center. I want to ask both of you the same question. I am US Citizen, I came to Europe on May 18th, (I went to France, Latvia, Poland, Spain, Greece in total) and got out of from Greece on August 21th. I stayed actually 3 days extra but I didn't know about this 90/180 rule and Greek officer didn't say anything at all. He actually stamped my passport like in 5 seconds and gave it back.
So, I want to spend more time in Europe. I'm out of from Schengen since August 21.
Since USA and Poland have this agreement, what if I come to New York to Warsaw. Get out from airport for few hours. Come back at night, take the flight to, lets say Paris. Spend 80 days in France, come back to Warsaw and then off to New York.
Would that work? I would still get out of Poland under 90 days but I would spend my time in France or lets say, Sweden. Since there is no passport check between Poland and France, I assume everything would be ok.
Please let me know your input or email me from fredvonu@gmail.com
Thanks in advance.
I am non Eu- Citizen and have residence permit to stay in Greece until next 1st October . Now I have an acceptance letter to come and make my thesis in Poland ( Actually working in Joint Project). Is it ok to cross borders without obtaining Visa to enter Poland and later I can apply for Residence Permit to stay in Poland.
ReplyDeleteYes, of course you can enter Poland without visa and then legalize your further stay here (you didn't write what is your citizeship, I understand, that you are from visa-free country...?).
ReplyDeleteHas there been any update in this bilateral agreement law with the US? Is there anywhere "official" where it's actually written down?
ReplyDeleteThanks!
No, there weren't any updates. The official versions of bi- and multilateral agreements with Poland as a party can be found on the webside of Polish Ministry of Foreign Affairs:
Deletehttp://www.traktaty.msz.gov.pl/?lang=en
And here is the link to this specific agreement:
http://www.traktaty.msz.gov.pl/fd.aspx?f=P0000008047.pdf
Hello, any updates for 2016? Is this still working? Just a bit concerned with the new Polish government, and recent EU talks about changes to Schengen.
ReplyDeleteStill works, in the last days I talked to the people from US and South Korea and they didn't report any problems with crossing the border.
DeleteHello. First - thank you so much for this Blog and all the valuable information. I am an American. I have been teaching business courses at Universities in Warsaw and USA from 2010 until today. During my semesters in Warsaw, Poland I have always left Poland and the Schengen states before the 90 days allowance expired. Sometimes I left for a month or so, sometimes for a few weeks and sometimes for only a few days. Last week in March 2016, I flew from Warsaw on SAS through Zurich (1 hr in-airport layover) on my way to the USA. I was stopped by the border police and told that I had violated the 90/180 rule. I had never heard of this rule before and because I am an educator who teaches in a foreign language the University told me that I didn't need a work visa. (I was paid and taxed by Poland in Zloty). The Swiss Airport Police fined me over 300$ and demanded to be paid immediately or I would not be allowed to leave. They gave me a form called " Contravention of the Foreign Nationals Act [FNA]. It reads, " You have contravened the Swiss Foreign Nationals Act and have therefore committed a punishable offence. In one or two months time, the responsible authority will send you a penalty order, requiring you to pay a fine. What is more, you may also be issued with a prohibition of entry, forbidding you from entering Switzerland and the Schengen states for a period of one year or several years. The penalty order will be sent to you by the following authority: Statthalteramt Bulach.” I had to sign the following Miranda Warnings: "A preliminary proceeding has been initiated against you on grounds of violation of the Foreigners Act. You may refuse to give testimony or to participate in the proceedings. You are entitled to obtain legal representation at your own cost or to apply for court-appointed legal representation and you may request a translator (Section 158 1 a-d, Code of Criminal Procedure.)"
DeleteI was forced to sign this or I would not be allowed on my connecting flight to USA. I have followed all the rules for valid passport requirements and did not stay in Poland ever longer than the 90 days at a time. I called the office of migration in Warsaw twice this week. They said that the 90/180 rule did not apply to Americans. I called twice the border police at WAW, both times I explained the situation and I was told that I would not have a problem re-entering on a tourist visa - but not for more than 90 days at a time. I called the Consulate in Washington, DC. The person I spoke to in Visa's never heard of the 90/180 for Americans going to Poland. I spoke to the Polish Consulate in Chicago three times to three different people. The first time I was told that she never heard of the 90/180 rule. The second time the other person said she had not heard of the rule for American's. The third time a different person told me that Poland is no different to Americans than any other Schengen country when it comes to allowing Americans without a visa to stay more than 90 days in 60 days. I didn't understand that, but just kept repeating, "so Americans must follow the 90/180 rule for Poland". She said that I would have to apply for a long stay visa via invitation by either the voivodeship or family/friends, but that would take 2 weeks. I must return to PL for my classes in 3 days. I fear that I must at the very least buy another flight back to Warsaw since Zurich said that I would not be allowed re-entry (I had not been to Zurich since 2008). I am afraid to fly via any schengen state, afraid to fly to Poland at all - even though my classes are on-going and my things are there in Warsaw. I need your help please! I have read and re-read all your links, tons of info on US embassy in Poland, Polish Embassy in US, Migration info, etc. I still do not see ample proof stating that I as an American would not have to follow this 90/180 rule and that for example I could stay 72 days leave 1 day and return to Poland as many times as I wish on that rhythm. Thank you very much.
Hello, you are in diffcult situation, I'm very sorry. You didn't violate Polish rules, if you haven't stayed in our country constantly for more than 90 days. But Poland is an exception, in other Schengen countries you should follow 90/180 rule (not to stay in Schnegen zone - so also in Poland! - for more than 90 days in every 180-day-period). If you have flied directly to US everything would be OK. But for Swiss border police you stayed in Schengen zone for too long - they don't care, that in Poland are another rules, Poland is a Schengen country, so you were in Schengen zone during your stay in Poland!
DeleteIn theory it can happen, that you will be entered into Schengen information System with the information, that you are not allowed to enter Schengen zone for 1 year. I'm not sure, how it works in practice, on Monday I will try to ask a person, that can know something about it. Contant me via mail (info@expatcenter.pl), I will answer you.
Thank you so much!
DeleteModernDayGypsy, can you tell us what happened? Some of us are also in your situation.
DeleteHello,
ReplyDeleteThank you for your wealth of information. I am a US citizen
planning a long stay move to Poland in a few months. After checking with the Polish Consulate here in the US, they said
I can apply for a long stay visa once in Poland.
My question - Would for the reasons of long term investment, and property purchase be a suitable reason to be approved the visa?
I know I can not apply for the permanent residence visa until
I have been 5 years in the country. So I would need to have temp
visa, then apply to extend that, until I have reached 5 years.
DO I understand this process correctly?
Thanks again!!
Michael
Yes, you are right. To be 100% correct - the document you apply for in Poland is not a visa, but temporary residence permit. To apply, you should have a reason for your stay. There is a list of reasons (for example, marriage with Polish citizen, work or intramular studies in Poland) in case of which officials are obliged to issue positive decision. In your case it would be so called "other resons" - you describe, why you need to stay in Poland and the officials decide, if you convinced them or not. Long term investment and property purchase do not guarantee a positive decision, but it is very probable, that you would get it. Don't forget to contact Expat Center, when you are in Poland and we will find together the best way for you to legalize your stay.
ReplyDeletemy contract with my employer is ending soon (i am on visa d)... i am going to try and attempt to apply for karta pobytu, so i can stay in poland while looking for job.... if i can't get a residence card can i leave Poland (i am american) come back as 90 day tourist and if i find work, apply for karta poybtu without having a visa d again since i am in the country?
ReplyDeleteactually just tried to apply for residency permit today but they want an annex 1 signed by employer (Told me i was missing after i paid) - of course my contract of services with employer ends in end of may and they aren't renewing it...
Deletehopefully they will just send me money back after a while
You can apply for residence permit during your legal stay in Poland - it doesn't matter, if you have visa or not.
DeleteThey will give you money back, but if you applied in Warsaw, I'm afraid it isn't going to be "after a while"...
Hi, Im non EU citizen and holder of MACAU passport.
ReplyDeleteI can stay in Poland for less than 90 days. Im thinking to stay longer here in poland. So what im thinking is to go london for and come back in to poland after a few days. would it be a problem when i come back in? will i get another 90 days of stay when i re-enter? Thanks :)
In my opinion you are right - you will get another 90 days when you re-enter. Look at the bilateral agreement between Poland and Macau:
Deletehttp://www.traktaty.msz.gov.pl/fd.aspx?f=P0000007636.pdf
Thanks so much for the info for Americans. This will make staying in Poland next summer for 5 months a lot easier. My question is however.
ReplyDeleteIf I stay in Poland for 90 days then go to Ukraine then back to Poland for 60 days. I'm assuming I can't travel to anywhere else in Schengen during this trip as my 90 days have been used up? What if I want to fly back to the U.S. from Amsterdam, would I get in trouble?
If Denmark doesn't have any special agreements with US (I don't know, but I don't think so) you can get in trouble. I recommend you to fly directly outside Schengen zone.
ReplyDeleteDon't chance it. Even though I was only in Poland and USA and flew through the airport of Zurich with a 30min layover they charged me 600$ and banned me from entering the schenghen states. This cost me 6000$ to rectify.
ReplyDeleteYou didn't do it correctly. This agreement is ONLY with Poland. If you leave or enter any other schengen country you will get in trouble. If you leave Poland to any non-schengen country and come back it's no problem at all.
ReplyDeleteyep. my point exactly.
ReplyDeleteOhhh, my mistake. Sorry, I didn't see the above comment! Sorry about that.
DeleteWere you able to come back to Poland after your issues?
DeleteYes, but only because I had a work visa being processed and had not violated any of Poland's rules. If this disaster could happen to me with a visa, you don't even want to live through what could happen without one. The idea of not returning to Europe for 3 years - was heartbreaking. It was not easy to return and like I said before it cost me nearly 6k and way too many diplomats to get it done.
ReplyDeleteBut this is my question. Who can answer? Seems like, you have more experience than me. Especially, ModernDayGypsy.
ReplyDeleteI used all my 90 days in Schengen by August 21. I'm in United States since then. So, technically I can't go to Schengen area for 2 more months, right?
Since Poland and United States have this agreement. This is what I am trying to do: (Please let me know, if this sounds smart.)
Lets say:
New York => Warsaw. Lets say I arrive in Warsaw at 10 am (Since, they welcome Americans without 90/180 days rule. I assume I would get in.)
By 5 pm, I book another flight:
Warsaw to Paris (I've done this in June. After coming to Warsaw, I flew to Paris. No one checked my passport in Paris when I land.
So, I spend 80 days in Paris.
Paris => Warsaw
Warsaw => New York
Since there will not be in any stamp on my passport in Paris, I don't think Polish Customs can know that I went to Paris. (I didn't have any stamp at Paris in my previous trip in June.)
Would that work?
Hello there!
ReplyDeleteI have a question I would love to have answered. I am from US and have been working in Poland since May until now (October) so about 4 months, so more than 90 days. I recently got a stamp in my passport for residency permit in beginning of October. However starting in November, I will be traveling for two months to EU countries. Do I have to leave the Schengen area to get my 90 days renewed in order to travel in November? I am thinking of booking a ticket to Ireland, and coming back to renew my days, but I want to make sure this is what I have to do because the flights are not cheap.
If you could shed any light on this that would be great! Thanks!!
Sorry for the delay.
ReplyDeleteIf you wait for the decision in Poland, everything should be OK, because the stamp legalizes your stay here during the time of the procedure.
But if you plan to travel before the final decision about the residence permit, you should still remember about leaving Poland/Shengen every 90 days.
If you have the stamp, you can leave Poland, but there can be a problem when you enter back. A stamp is not a visa, so the border guard would probably check if you obeyed or not 90-day-rule.
Wish you good luck!
Hello. First of all thank you for all the information, it has already been really helpful. My story is, that I'm Polish and my boyfriend is Mexican. We live in Mexico now but want to move to Poland this year. We were worried that 90 days won't be enough for him to find a job and deal with all the procedurę of working visa. But then I found that information on your website, that his tourist visa can be renewed after leaving Poland and coming back, do you really think it's still truth? I was trying to find something on the mexican and polish authorities websites but I haven't find any updates. If that's the case, that would really be the best news we could get.Thank you for your help!
ReplyDeleteYes, as far as I know it works. Sorry I answered you so late.
ReplyDeleteThis is really wonderful information, and I very much appreciate your efforts to inform people who would like to spend time in Poland. A friend of mine (U.S. passport) would like to come stay with me in Italy for about 90 days and then continue on to Poland for two more months. Can he travel directly to Poland before his Schengen time is up, or does he have to leave the Schengen zone before going to Poland?
ReplyDeleteThanks again for a very useful site!
Yes, if he has any document, that shows the date of his entering Poland. He will need it when he leaves Poland to prove, that he didn't spend in our country more than 90 days. And when he travels back to US, he shouldn't have any stopover in other Schengen country!
DeleteThis is a great resource for people looking to travel/short stay in Poland. I hold an American Passport and currently live in Berlin on a Language Student-D Visa. My visa will expire soon and I do not want to renew it in Germany. Can I leave Germany and travel to Poland for a new 90 days without having to leave the Schengen to "reset" my passport? If so, How can I prove when I entered Poland for my 90 day tourist visa to start?
ReplyDeleteAnd a BIG thank you for all your help!!
DeleteHello. I'm a citizen from Guatemala. It seems that there is no billateral agreement between Poland and Guatemala so I have to leave Poland after 90 days in schengen :'( .
ReplyDeleteMy question is:
If I leave after 90 days in Poland and go to Russia and Then I would like to go back to Guatemala from Russia. But the connecting flights go throug a Schengen state. Am I gonna get in trouble even if I just have a layover in a Schengen airport?
Thanks for your answer :)
yes!
ReplyDeleteHello,
ReplyDeleteI am a US citizen in Poland. As of now, I have about 5 1/2 weeks left until my 90 days expires. If I choose to leave next week to Ukraine, for example, will the Polish border agents issue me a new 90 days from my most recent date of re-entry? Or do you know if they look to see if I still have a few weeks left and just leave my current weeks as-is?
Thanks!
Does anyone know?
Deleteyou can do that and it starts a new 90 days. Don't understand your other question. They count every day you stayed for the last 3 years, they count closely your 90 days.
ReplyDeleteHello,
ReplyDeleteI am a non-EU student, I came to Poland to pursue my masters.i have valid TRC till 1st of September but my degree will finish by October.i don't want to stay here after completing studies so can i stay in Poland for 45-60 days without valid visa and will there be any problems while am going back to home country
Thanks.
Don't do it! You should apply for visa or residence permit even for such a period.
ReplyDeleteHello
ReplyDeleteI'm going out of schengen after having a student visa. I'm going to the UK. Can I return immediately as a tourist or do I have to wait a certain amount of days?
Thanks for your answers :)
Hello sir,
ReplyDeleteI am mahesh from indian i have been accepted into a polish University in Poland but there are no slots for national visa from India or tourist visa from India to Poland,so I decided to go Germany in a tourist visa and then enter in Warsaw then apply to student residence permit.
Will it work,waiting for an reply
My classes are from 1st Oct but there are no slots available for any kind of visa to Poland until 31st Oct, the University gave me extension of an month till 31st of Oct.
ReplyDeletePlease guide me regarding this
Hello,
ReplyDeleteI have been looking all over for the actual official documentation of this bilateral agreement for US citizens..
I'm currently in Ukraine and want to return to Poland but am worried about getting in trouble and want a document to back up these claims. The links above are broken..
if anyone can let me know where i can find them i would be so thankful..
i will check back here but if you could email me that would be amazing!
joelsilverman32@yahoo.com
thank you!
I need a liggel advice I am liggel in Poland but my girlfriend is waiting for divorce with her 1st husband so how I can stay liggel in Poland
ReplyDeleteThis comment has been removed by the author.
ReplyDeleteHello, this weekend is good for me, since this time i am reading this enormous informative article here at my home. esta
ReplyDelete