A foreigner from Georgia entered Poland on 12-01-2020. He is employed based on a Declaration on entrusting work to a foreigner issued by the local employment office and works until 10-04-2020. What is his situation, can he stay, or must go back home?

Created on: 06.04.2020
The answer reflects the legal status as of 18.04.2020.

A Georgian citizen who arrived in Poland on 12 January 2020 based on a biometric passport has the right to stay in Poland in visa-free travel until 10 April 2020. The regulations introduced on 18 April 2020 additionally allow for the extension of the legal stay for foreigners staying in Poland based on the visa-free regime until the 30th day following the cancellation date of an epidemic state or epidemic emergency (the one that will be last in force). Thus, if the stay in the visa-free regime ends in April 2020, it will be automatically extended until the 30th day following the cancellation date of an epidemic state or epidemic emergency (the last one).

If they wish to extend their stay in Poland, they should apply for a temporary residence permit. The Act of 31 March 2020 prolongs the deadlines for applying for residence permits if this deadline would fall within the period of an epidemic emergency or an epidemic state. Therefore, they may submit their application until the 30th day following the cancellation date of an epidemic state/epidemic emergency  (the one which will be last).

During this period they may continue their stay under the existing rules, according to the purpose of their stay in Poland. If they have worked so far based on the declaration, they may continue to work legally, because the period of work authorised based on the declaration on entrusting work to a foreigner is being automatically extended.

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