On 31 March 2020, the Act on the so-called anti-crisis shield was published in the Journal of Laws of 31.03.2020 under item 568, providing, among others, for special solutions for foreigners in Poland due to the prevailing coronavirus epidemic.
The provisions are aimed at regulating the legal situation in which foreigners could find themselves due to the current epidemiological situation in our country.
Below we present key assumptions of the Act on legalisation of stay and work of foreigners:
Extension until the 30th day following the date of cancellation of an epidemic/epidemic emergency:
- legal residence of foreigners based on national visas and temporary residence permits whose validity would end during the period of an epidemic/epidemic emergency
- the deadline for filing applications for legalisation of residence,
- validity of work permits, seasonal work permits and declarations on entrusting work to a foreigner, the validity of which would end in the period of an epidemic/epidemic threat.
Extension of the legal stay of third-country nationals
The extension of the legal stay for a foreigner staying in Poland based on a national visa and a temporary residence permit will include situations in which the last day of legal stay falls within the period of an epidemic emergency or epidemic state. Therefore, it will be the period from 14 March 2020, when an epidemic emergency state has been declared. Then the period of legal residence in Poland will be extended by virtue of law until the 30th day following the date of cancellation of the last such state.
Legal residence is extended automatically - it does not require any new visa sticker in the passport or any new residence card. During this extension period, it is not possible to travel within the territory of other Schengen States. During this period you can continue your stay under the existing rules, according to the purpose of your stay in Poland. If you have worked so far, you can continue to work legally. The validity of your work permit, seasonal work permit and the permitted period of work based on the declaration of entrusting work to a foreigner will also be automatically extended.
Extension of applications deadlines
The Act provides for an extension of the deadlines to apply for residence permits, an extension of visas and an extension of stay as part of visa-free travel if this date would occur during the period of epidemic emergency or epidemic status. As before, these applications may be submitted to Governors' offices up to the 30th day following the date of cancellation of the last epidemc state declared.
This applies to you if you want to apply for:
- a temporary, permanent or long-term EU resident permit,
- extension of a national visa (symbol D) or a Schengen visa (symbol C),
- extension of the visa-waiver period - this only applies to citizens of Brazil, Argentina, Chile, Honduras, Costa Rica, Nicaragua, Singapore and Uruguay, as visa waiver agreements only with these countries provide for this solution.
Extension of times for leaving Poland - voluntary and enforced
The times will be extended for:
- foreigners to leave Poland,
- voluntary return specified in the decisions obliging a foreigner to return.
The Act contains a solution constituting the basis for extending by law the time limits for leaving the territory of Poland resulting from art. 299 paragraph. 6 of the Act on foreigners (e.g. following the delivery of a final decision refusing a temporary residence permit), if they would fall out during the period of epidemic emergency or epidemic status. Their extension will take place until the end of the 30th day following the date of cancellation of the last state that was in force.
Extension of the periods of voluntary return specified in the decisions obliging the foreigner to return
It is understood that the deadline for voluntary return specified in the decision obliging a foreigner to return, whose end would fall during the period of an epidemic emergency or epidemic status, is assumed by law. As in the case of other solutions contained in the Act, the extension of the deadline will take place until the end of the 30th day following the date of cancellation of the last state which was in force.
EU citizens and their family members
The introduction of an epidemic emergency in Poland, followed by the epidemic state, does not affect the residence rights of citizens of European Union Member States, the European Free Trade Association (EFTA), the Swiss Confederation and family members staying with them in any way. These rights are not dependent on having any permits or documents.
More information on the specific legal solutions outlined above prepared by the Office for Foreigners to download
Further specific provisions were introduced on 18.04.2020 concerning the spread of the SARS-CoV-2 virus - the so-called Second Anti-Crisis Shield. The act contains, among others, regulations relating to foreigners. The most significant provisions concern:
- extension of legal stay for foreigners staying in Poland based on visa-free travel, Schengen visas and residence permits issued by other Schengen States until the 30th day following the date of cancellation of an epidemic emergency or epidemic state (the one that will be last in force),
- extension of the validity of residence cards and temporary identity certificates of a foreigner until the 30th day following the date of cancellation of an epidemic state/epidemic emergency,
- extension of the validity of the Pole's Card to 3 months from the date of cancellation of an epidemic state/epidemic emergency.
The Office for Foreigners has also published information on the introduced regulations - READ MORE
On 16.05.2020 further changes in the law came into force, among others, those related to changes in working conditions for foreigners due to COVID-19.
The provisions allow foreigners to perform work under conditions other than those specified in the Act:
- temporary residence and work permits,
- temporary residence permit for highly qualified workers,
- work permits,
- seasonal work permits,
- declarations of entrusting work to a foreigner entered in the register of declarations,
- temporary residence permits for the purpose of intra-corporate transfers (ICT),
- temporary residence permits for the mobility of a long-term manager, specialist or trainee in the framework of an intra-corporate transfer (mobile-ICT),
- documents attached to notifications about the intention of foreigners to take advantage of the short-term mobility of a manager, specialist or trainee, as part of an intra-company transfer
- without having to obtain any new permits, change them or enter new declarations into the records.
The Office for Foreigners has also published information on the introduced provisions - READ MORE
