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

Thursday, August 22, 2013

Polish visa - general information

Visas issued by Polish consular offices can be divided into two groups: Schengen visas and national visas.

Schengen visa:
Schengen visa type "A":
With this kind of visa you can only enter international transit zone of one or more airports in Schengen countries, without entering Schengen zone.
Schengen visa type "C": 
This visa allows you to stay on the territory of the whole Schengen area, or in one (or more) Schengen countries. The period of stay is up to 90 days in 180-day period. 

Polish national visa:
Marked with the letter "D". A long stay visa. Allows you to enter Poland and stay there during a period of time longer than 3 months, but not longer than one year (it depends on the purpose of stay you've in your visa application). With this kind of visa you can not only stay in Poland, but also move within the territory of the Schengen zone for up to 3 months within 6 months period.

Regardless of the above, both Shengen and national visas are marked with the numbers from "1" to "25". These symbols point out the purpose of issuance:

01 - tourism
02 - visit
03 - participation in sport events
04 - running economic activity
05 - being employed on the basis of "statement of intention to entrust work to a foreigner" (applies to citizens of Russia, Belarus, Ukraine, Georgia or Moldova)
06 - being employed on the basis of other document than described in point 05
07 - carrying out cultural activity or participation in conferences
08 - performing statutory functions by representatives of foreign state authority or an international organisation
09 - studies of I or II degree, uniform master’s degree studies or studies of the III degree
10 - vocational training
11 - education or training other than in points 09 and 10
12- teaching
13- carrying out scientific research
14- transit
15 - air transit
16 - medical treatment
17 - joining or staying with EU, EFTA or Swiss Federation citizen
18 - participation in cultural or educational exchange, humanitarian aid programme, or students' summer employment programme
19 -migration of the closest family member of the repatriate
20 - execution of the card of the Pole's rights
21 - repatriation
22 - enjoying temporary protection
23 - arrival for humanitarian reasons, according to national interest or international obligations
24  - execution of temporary residence permit for family reunion
25 - a purpose other than specified above

Points 19-22 apply only to polish natonal visas

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






Tuesday, August 13, 2013

Staying in Poland without visa, visa-free countries

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.      

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

Monday, August 12, 2013

How to enter the territory of Poland?

If you are a citizen of EU or Schengen Area state, you can enter Poland just on the basis of a valid travel document or another document that proves your ID and nationality. If you have family members from the third country, who have the residence card for EU citizen's family member (or another document that is an equivalent to it) - they can also cross the border with you. As "family members" there are recognised: spouse, child of EU citizen or child of his/her spouse under 21 (or older, if he or she is their dependant), mother, father and his/her spouse, if they are EU citizen's dependants.

In case of non-EU and/or Schengen Area citizens the conditions of entering Poland depend on bilateral or multilateral agreements.

There is a group of countries, whose citizens can enter Poland without visa. If it applies to you, remember, that you can stay in Poland only for 90 days, and you should think earlier about the legalization of your further stay. Don't  leave it for the last moment!
For more information concerning staying in Poland without visa, check out that post.

If you stay in one of the Schengen countries on the basis of residence permit or national visa (marked with the symbol "D") you can travel to another countries within Schengen zone (also to Poland) for up to 3 months during the period of 6 months.

In all the above cases, to enter the territory of Poland you are obliged to fulfill the general conditions of entering Schengen zone:

- have valid travel document

- be able to explain the reason and conditions of the intended stay

- have sufficient financial means or the possibility to obtain them in conformity with the law.


In other cases you should apply for visa in Polish consulate.

Legal basis:  
  • The Act of 14 July 2006 on entering the territory of the Republic of Poland, staying and exiting from this territory of citizens of the Member States of the European Union and members of their families (Journal of Laws of 2006. No.144, item 1043, with later amendments)
  • The Regulation of the Minister of Internal Affairs and Administration of December 22, 2008 on the value of the financial means which a foreigner who enters the territory of the Republic of Poland should possess and on the documents which can confirm the possession of such means (Journal of Laws of 2008, No. 235, item 1611)
  • The Act of 30 December 2013 on foreigners (Journal of Laws of 2013., item 1650)

Thursday, August 1, 2013

About blog

The aim of this blog is to share information related to the legalisation of work and stay of foreigners in Poland. I will try to join the descriptions of legal requirements together with practical advice coming from my own experience in this area.

Everything started together with  Expat Center - a small firm, that offers consulting services for people from abroad, needing to apply for residence permit and other Polish documents.

In Expat Center I help people every day, but some foreigners don't need my assistance - they prefer to deal with all the formalities by themselves. I hope they will find information gathered on this blog helpful.

On the other hand, I also dedicate this blog to our present and prospective clients, who need to know, how the administrative procedures look like, even if they don't work on it personally, because we do it for them.

Some people say that dealing with all that bureaucracy is boring and tiring, so I will try to explain everything clearly to make it easier for you.

However, I don't think the work in Expat Center is difficult, and the wonderful award for me is the moment, when everything for my client is already done, he or she has a residence card in hand and the only thing left for me to do is to say: ENJOY YOUR STAY IN POLAND!