Sunday, August 25, 2013

"My visa is about to expire, can I extend its validity in Poland?" (about Polish visa extension)

Do you stay in hospital? Are you seriously ill? If not (I hope so!), it doesn't seem probable, that the validity of your visa will be extended.

Generally, visa is a document that can be obtained only outside the territory of Poland. If you need to stay after the expiry date of your visa, you have to leave Poland and apply for another one or (it is usually a better solution!) apply in Poland for a Polish temporary residence permit.
However, there is a possibility to extend the validity of your visa in Poland - but only in very rare, special cases.

The rules concerning extension of Polish national visa and Schengen visa differ from each other. In the first case they are consistent only with the Polish law, while in the second case the principles are determined by multilateral agreements. So, I will explain the rules concerning extension of Polish national visa and Schengen visa separately.

Extension of Polish national visa (D) in Poland:

Extension of Polish national visa is possible, when all the below mentioned conditions are fulfilled:

- The need to stay in Poland after the end of your legal visa stay is supported by vital personal or professional interest or humanitarian considerations;
- The events that are the cause for applying for visa extension occurred regardless of the foreigner's will and were impossible to foresee at the moment of submitting visa application;
- The circumstances of the case don't indicate that the purpose of the foreigner's stay in Poland will be other than declared;

For the Polish national visa extension 406 PLN stamp duty is collected. 

Extension of Schengen visa (C) in Poland:

The extension of Schengen visa is possible in two cases:

1. So-called obligatory Schengen visa extension:

Due to force majeure or because of humanitarian considerations it is impossible for the foreigner to leave Schengen zone before the end of his/her legal visa stay.

In this case, Schengen visa will be extended, and such an extension is not subject to a stamp duty.

2. So-called optional Schengen visa extension:

The foreigner proved that the need of visa extension is justified by strong personal reasons.

In this case, Schengen visa can be extended, and the stamp duty for such an extension is 30 EUR.

The list of documents required for applying for both Schengen visa and Polish national visa extension:

- a completed application for visa extension;

- an up-to-date photograph of the applicant, undamaged, coloured, measuring 35 x 45 mm, taken within previous 6 months on a homogeneous fair background, with good focus, clearly presenting eyes and face from the top of the head to the upper part of shoulders, so that the face occupies 70-80% of the picture; the photograph should present the applicant with no headdress and no dark eyeglasses, looking ahead with open eyes not covered by hair, with a natural face expression and closed lips. An applicant with congenital or acquired visual impairments may annex to the application form a photograph showing himself with dark eyeglasses, and an applicant who wears headdress in accordance with the laws of their religion - 
a photograph showing them with headdress; the headdress cannot cover or deform the oval of the face;

- a travel document valid not less than 3 months before the expiry date of the requested visa, containing at least two blank pages, issued in the last 10 years;


- documents confirming the purpose of stay and the need to extend a Schengen visa or a Polish national visa;



- in case of Polish national visa extension: documents confirming the possession of a health insurance within the meaning of the provisions on health care services financed from public funds or a travel medical insurance with a minimum amount of insurance of EUR 30,000, valid for a period of intended stay on the territory of Poland, covering any expenses that may arise during their stay on this territory due to the need to return for medical reasons, the need of urgent medical attention, emergency hospital treatment or in the event of death, in which the insurer undertakes to cover the cost of health services provided to the insured directly to the entity providing such services on the basis of the receipt issued by that entity;


- in case of Schengen visa extension: a valid medical travel insurance covering all the expenses that, during the stay on the territory of Member States, may arise due to the need to return for medical reasons, the need of urgent medical attention, emergency hospital treatment or in the event of death. The insurance must be valid on all of the territory of the Member States and be valid for the entire period of intended stay or transit of the applicant. The minimum amount of insurance is EUR 30,000;

- documents confirming other circumstances named in the application;

- a proof of the registration for temporary residence;


- a proof of stamp duty payment.


In both cases, application should be submitted not later than 3 days before the end of your legal visa stay.
However, there are two exceptions: if you stay in hospital or in case of obligatory Schengen visa extension, the application can be submitted up to the last day of your legal visa stay.

The authority competent for both Schengen visa and Polish national visa extension is the voivode competent for your place of residence.
The whole procedure, according to the law, should take up to 1 month, and in more complicated cases - up to 2 months from the date of having submitted the application.

***

So as you can see, there are very few cases allowing you to apply for Polish visa extension. 
If you stay with your family, work, study etc in Poland, the appropriate way is to apply in relevant Voivodeship Office for Polish temporary residence permit (residence card).

Legal basis: 
  • The Regulation of the Minister of Internal Affairs and Administration of April 22, 2011, on visas for foreigners
  • The Act of 30 December 2013 on foreigners (Journal of Laws of 2013., item 1650)
  • Regulation (EC) No. 810/2009 of the European Parliament and of the Council of July 13, 2009 establishing a Community Code on Visas

3 comments:

  1. Please i need an answer. I have a fiancee and we plan on getting married, but i have to document, what can i do to legalize my stay in Poland?
    Will getting a job help? but remember am not legal right now, my case is still in process. What can i do.
    Just in case this will help, I have been in Poland for 6 years and legal for 5 years and i study in a Polish university. Please help.

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  2. Poland is a great country, and a lot of foreigners want to live and work in this country. But you shouldn't concentrate only on this country, there is a lot countries around Poland with not less living quality and perspectives. You should investigate all options ;)

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  3. I will also apply for the Vietnam visa as a Polish citizen. I just learn t they’ve an arrangement in which I can get a visa online, which is the visa on arrival. My understanding of the visa on arrival service, is that it is very quick to acquire and comes at a very affordable price. I guess I will have to apply for this document before thinking of any other destination. Vietnam, a beautiful country should be my next destination this summer.
    http://www.visa-vietnam.org
    http://www.vietnamvisa.fr

    ReplyDelete