FAQ

Can I enter and leave Poland with an extended visa due to the epidemic situation?

Created on: 31.10.2021

It depends on the type of visa. National visa holders retain the right to cross the state border and stay on the territory of the Republic of Poland during the epidemic/epidemic state, and for a period of 30 days after the last state is revoked. You can legally leave Poland straight to your country of permanent residence and come back to Poland, there will be no possibility of transit, e.g. from Poland via German, on extended visa.

For details check here: https://udsc.gov.pl/en/cudzoziemcy/coronavirus-outbreak/

Is it possible now, during the pandemic, to leave and then legally return to the country using a temporary residence card which has already expired (I am waiting for the application for another temporary stay to be examined)?

Created on: 31.10.2021

Yes. If the last day of validity of your residence card fell during the period of an epidemic/epidemic state, announced in connection with SARS-CoV-2 virus infections, the validity period of this residence card will be extended by operation of law until the 30th day following the day of cancellation of this states which were last in force. This means that you have the right to use your residence card as valid despite the expiry of the validity end date specified therein. With such a residence card, you retain the right to cross the polish state border. You can legally leave Poland straight to your country of permanent residence and come back to Poland, there will be no possibility of transit, e.g. from Poland via German, on extended resident card

For details check here: https://udsc.gov.pl/en/cudzoziemcy/coronavirus-outbreak/

A foreigner entered Poland after 14 March 2020, from Ukraine i.e. on 9 May 2020, holding a work visa, which was valid until 21 May 2020. Until when is he able to stay legally in Poland and when should he apply for a residence card?

Created on: 15.05.2021

If you entered Poland after 14 March 2020 and you have not applied for a temporary residence permit before the expiry of the visa validity period, i.e. during the period of your legal stay, you will still be able to submit an application for a temporary residence permit. In accordance with the special legal regulations introduced on 31 March 2020 and 18 April 2020, the deadline for submitting an application for a temporary residence permit has been extended until the 30th day following the date of cancellation of the epidemic emergency or epidemic state (the last state that was in force). Your stay, from the expiry date of the visa, will be considered legal, but on the condition that you apply for a temporary residence permit until the 30th day following the date of cancellation of the epidemic emergency or epidemic state (the last state that was in force).

My national visa is expired last month and I am in my home country which is non EU country. Polish embassy is not accepting any new visa request at the moment also I have received positive decision on my Blue Card and its ready to collect (...)

Created on: 23.06.2020

cont. question: hence, I want to know if there is possibility to send the Blue card to Polish Embassy in my home country and I can go and collect from there? If not is there any way someone can come and collect the card on behalf of me?

We're afraid it is not an option - you can collect the card personally only, due to biometrics verification process. Also, we cannot transfer your card to the Embassy, it can only be collected here, in Poland. Try contacting the Embassy again, the epidemic situation is very dynamic, it could change on a daily basis, including the visa issuance process.

Based on your decision of granting you a Blue Card residence permit you should be able to get a visa to enter Poland and then collect your card.

I have a residence card for my first employer. I changed my employer. Can you not exchange the card? Do I have to apply for a new employer?

Created on: 24.05.2020

If you are staying in Poland based on a temporary residence and work permit, issued under employment with an Employer with whom you no longer work, you should report this information in writing to the office. You will find the template HERE.

Whether you have to apply for a new permit or not depends on the type of permit you have. However, as a general rule, if your employer and certain terms and conditions of employment are indicated in your decision, the permit you have only allows you to work for that particular employer and under the conditions set out in the decision. So if you have changed your employer, you should apply for a new temporary residence and work permit.

What about persons who entered Poland under the visa-free regime after 14 March and after that date their declaration was registered. Can they still work legally after the end of the declaration? Does the extension also affect them?

Created on: 24.05.2020

cont. question. What does the expression "in such a situation a foreigner may take advantage of conditional legal residence and submit an application for a residence permit in an extended period" mean?

The stay in the visa-free regime shall be prolonged until the 30th day following the date of cancellation of the epidemic emergency or epidemic state, depending on the last one, only those persons who were in Poland on 14 March 2020 under the visa-free regime. If the entry to Poland took place after 14 March 2020, and you have not submitted an application for a temporary residence permit before the expiry of authorised period of stay in the visa-free regime, i.e. during the period of your legal stay, you will still be able to apply for a temporary residence permit. In accordance with the special legal regulations introduced on 31 March 2020 and 18 April 2020, the deadline for submitting an application for a temporary residence permit has been extended until the 30th day following the date of cancellation of the epidemic emergency or epidemic state (the last state that was in force). The phrase "in such a situation the foreigner may benefit from a conditional legal stay and submit an application for a residence permit in an extended period" - means that your stay from the date of termination of your legal stay under the visa-free regime will be still considered legal, but on the condition that you apply for a temporary residence permit until the 30th day following the date of cancellation of the epidemic emergency or epidemic state (the last state that was in force).

If the end of the period of work indicated in the declaration on entrusting work to a foreigner falls in the period of an epidemic emergency or a epidemic state, announced because of SARS-CoV-2 virus outbreaks, the foreigner may perform work specified in the declaration for the benefit of the entity that submitted the declaration, in the period or periods not covered by the declaration, until the end of the 30th day following the date of cancellation of that state, which was last in force, without a work permit. This also applies to declarations registered during the epidemic, i.e. after 14 March 2020. If on the date of expiry of the registered declaration, the epidemic state or epidemic emergency will continue to be in force, the foreigner will be able to continue performing work specified in the declaration for the employer who submitted the declaration. However, the condition of continuing employment is a legal stay in the territory of Poland.

In order to be able to reduce the post and remuneration for a foreigner who has applied for temporary residence permit, does the employer have to submit an application to the relevant office for the anti-crisis shield?

Created on: 24.05.2020

A change in the conditions of planned employment of a foreigner in the course of the proceedings for temporary residence and work means that the employer should fill in a new Annex 1 to the application for temporary residence and work. The new Annex no. 1 should be submitted to the office and will be included in the ongoing proceedings. If the planned income of the foreigner, declared in the annex, is still sufficient to cover his/her and his/her family's subsistence costs and meets the other conditions for granting the permit - he/she may receive a positive decision.

My residence card expires next year. Should I apply already for a new one? Are there any time limits? I know it takes time to get a new card, so I would like to apply to get a new card before the current one expires

Created on: 18.05.2020

You will find up-to-date information on restrictions on the functioning of The Office of Wielkopolska Province in Poznań HERE.

The duration of the procedure for granting a temporary residence permit depends on several factors - but above all, whether the documents are complete and correctly filled in. We recommend that you carefully check and complete the documents before making your application, which will allow us to carry out the procedure and process your application efficiently.

You can read more here: Are you submitting an application? We suggest how to fill it in. Remember that a correctly completed application will speed up the process of issuing your permit.

 

 

Can you advise me where to file a complaint about a non-payment of wages?

Created on: 18.05.2020

We recommend that you contact the National Labour Inspectorate in case of abuse of your rights by your employer against you. Contact information of the District Labour Inspectorate in Poznań can be found HERE

The company was approached by an employee who is staying in Poland based on a visa together with a work permit while waiting for a residence card from another employer

Created on: 18.05.2020

Continuing question. Can he be employed even though the residence card is to be issued for work with another employer?
 

If the proceedings for granting a temporary residence and work permit are in progress, the foreigner should report to the office a change of employer and submit a new Appendix No. 1 on the new conditions of employment in your company, signed by a person authorized to represent you in the National Court Register, and in the case of activities conducted by an individual, by the owner. Employment during the procedure will be possible only if the foreigner is legally residing in Poland ( based on a stamp in his/her passport), was legally entitled to work in Poland immediately before applying for a residence permit and has a valid declaration of employment or a work permit. Employment may be performed only for the benefit of the entity and under the conditions specified in the declaration/permit.
 

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