FAQ

My visa expired on 24.04.20. I am currently working as an international driver based on a declaration that has been issued from 21.04.20 for 90 days. Will I be able to work as a driver outside Poland after the expiration of the declaration? 

Created on: 18.05.2020

Continuing question. In November 2019, I applied to the office for a temporary residence and work permit, and I am waiting for my decision.

If you have a national visa or Schengen visa and the last day of your legal stay was for the duration of an epidemic emergency or epidemic state, according to regulations introduced on 31.03.2020 and 18.04.2020, your legal stay in Poland based on your visa is automatically extended until the 30th day following the date of cancellation of the epidemic state/epidemic emergency (the state that was last in force). Your legal stay is extended automatically - it does not require any new visa sticker in your passport.

This is an exceptional solution and was introduced due to the necessity to limit as much as possible the direct customer service by the state administration in the face of the prevailing epidemic. The government of the Republic of Poland reported the introduction of this solution to the European Commission and other countries so that foreigners holding extended documents can move within the Schengen area. However, until the position of individual states is known, this does not guarantee the possibility of entering their territory.

Therefore, before starting a journey, it is necessary to make sure that entry into the territory of a given country based on a document with extended validity will be possible. It applies, for example, to persons moving in the course of their professional activities. The best source of information will be the border services of each country.

I am in Poland under the visa-free regime. I crossed the border on 12 February. 90 days pass on 10 May. Can I stay in the country until the end of the epidemic without changing the basis of my stay?

Created on: 04.05.2020

Yes, you can. If on 14 March 2020 you were in Poland under the visa-free regime and the date of your legal residence on this basis ends during the period of an epidemic emergency or epidemic, you may legally remain in Poland until the 30th day following the date of cancellation of the last state. Your legal stay will be extended by law, and you do not have to complete any additional formalities.

I have a work visa until 17.04. On 17.04. I posted the documents for my residence card. I gave an incorrect address, and the documents were returned. I posted the same documents again on 28 April. As I understand it, my visa was automatically extended?

Created on: 04.05.2020

Cont. Question. I have found a seasonal job from June to August. If the quarantine is cancelled and I do not manage to work until the end of August, can I ask for a visa extension?

If you have a national or Schengen visa and the last day of your legal stay was within the duration of an epidemic emergency or epidemic state, according to the special regulations introduced on 31.03.2020 and 18.04.2020, your legal stay in Poland under your visa is automatically extended until the 30th day following the date of cancellation of the epidemic emergency/epidemic state (the state that was last in force). Your legal stay is extended automatically - it does not require any new visa sticker in your passport or a new residence card. In this situation, posting documents to the wrong address will have no consequences, as your visa is still valid.

If you want to stay in Poland even longer (more than 30 days after cancelling an epidemic state/epidemic emergency), you can apply for a visa extension according to the declared purpose of your stay. Keep in mind that not every visa can be extended. You will find out more HERE.

At the moment you can only send documents by post. When we restore the direct customer service, you will receive a summons to correct the formal deficiencies of your application, and then you can present the originals of all documents sent to us by post. You will find the address of the Department HERE.

How to obtain a visa on the basis of a type A work permit but not leaving Poland?

Created on: 04.05.2020

Unfortunately, there is no such possibility. A visa can only be obtained in diplomatic posts located outside of Poland.

I am in Poland under the visa-free regime, my stay entitlement ends soon, I have a new seasonal work permit, so what in this situation?

Created on: 04.05.2020

If you want to stay in Poland and your purpose of stay is seasonal work, apply for a temporary residence permit due to seasonal work. Details of the procedure can be found HERE.

In April, I arrived on a visa-free travel basis and have a valid work permit for the farm until the end of December. What happens after that time when I run out of my stay entitlement?

Created on: 04.05.2020

If you were staying in Poland on 14 March 2020 under the visa-free regime and the date of your legal stay under this regime ends during an epidemic state or epidemic emergency, you may legally stay in Poland until the 30th day following the date of cancellation of the last state. Your legal stay will be extended by law, and you do not have to complete any additional formalities.

If you want to stay in Poland longer and your purpose of stay is seasonal work, apply for a temporary residence permit due to seasonal work. Details of the procedure can be found HERE.

My declaration on entrusting work and visa ends on 30.04.2020; currently, I have not been working for a few weeks due to a stoppage at my employer. Can I return to work under the same conditions and to the same employer after the break from 04.05.2020?

Created on: 04.05.2020

If the last day of your visa and declaration falls within the period of an epidemic emergency or epidemic state declared due to SARS-CoV-2 outbreak, the period of validity of this visa and declaration will be extended by law until the 30th day following the date of cancellation of this last state. Thus, if the visa and the declaration expire on 30.04.2020, they are automatically extended until the 30th day following the date of cancellation of the last state in force. You may, therefore, continue to work under the same conditions and with the same employer (as specified in your declaration).

My visa waiver ends on 30.04. Will it be automatically extended, or do I have to make an application for its extension?

Created on: 23.04.2020

The regulations introduced on 18.04.2020 make it possible to extend the legal stay for foreigners staying in Poland under the visa-free regime until the 30th day following the date of cancellation of an epidemic emergency or an epidemic state (the one that will be last in force). If your stay in visa-free travel ends in April 2020, it will be automatically extended until the 30th day following the date of cancellation of an epidemic emergency or an epidemic state (the last one). It does not require an application or any administrative decision.

If you want to stay in Poland even longer (more than 30 days after the cancellation of an epidemic state/epidemic emergency), you can apply for a temporary residence permit according to the declared purpose of your stay.

 

 

 

I am staying in Poland based on my biometric passport, and I work under the registered declaration of entrusting work to a foreigner, the allowed 90 days will expire on 24.04.2020...

Created on: 23.04.2020

... I cannot continue working for my current employer due to the decrease in orders. Can I continue to stay in Poland under the extended right of residence due to an epidemic state and can any other employer register the declaration for another 90 days out of the permitted 180/360?

If you were staying in Poland on 14 March 2020 under the visa-free regime and the date of your legal residence on this basis ends during an emergency state or an epidemic emergency, you may legally stay in Poland until the 30th day following the date of cancellation of the last state. Your legal stay will be extended by law; you do not have to complete any additional formalities.

If a new employer wants to hire you and wants to register a declaration for you, they must do so at the Local Labour Office - the one competent for your main place of work. The next declaration must not exceed the permitted 180 days in total (including the first declaration already used).

You can also apply for a temporary residence and work permit to the governor. The deadline for applications has also been extended until the 30th day following the day on which the last applicable state is cancelled (an emergency or epidemic state).

I haven't worked 90 days on an employment contract before applying for a temporary residence permit. Will a contract extended for a period of + 30 days from the end of the epidemic be the subject of an exemption from the labour market test?

Created on: 22.04.2020

The currently introduced legal regulations provide for the extension of legal employment of foreigners based on declarations or work permits whose validity would end during the period of an epidemic state/epidemic emergency, up to 30 days from the day following the date of dismissal from the last state in force. 

However, if based on the declaration you have not worked for 3 months, the exemption from the labour market test will not apply either during the period of an epidemic state/epidemic emergency or after its cancellation.

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