UPDATE 12 May 2023
As of 1 July 2023, the state of epidemic emergency introduced in connection with SARS-CoV-2 virus infections will be revoked, according to a draft regulation of the Minister of Health published on the website of the Government Legislation Centre.
This means that the ordinance of 13 January 2023 is no longer valid, making 30 July 2023 the final day for legal residence under COVID legislation and the last day to submit residence documents.
UPDATE 24 January 2023
According to a Cabinet decree, the state of epidemic emergency is extended until 24 August 2023.
On 13 January 2023. The Sejm passed the final text of the Law on Amending the Law on Assistance to Citizens of Ukraine in Connection with the Armed Conflict on the Territory of Ukraine and Certain Other Laws (hereinafter: the specustawa). The law amending the specustawa (hereinafter: the amendment) was signed by the President on 25 January 2023.
The Act includes the repeal of covidien provisions concerning the submission of residence applications, the extension of the validity of residence permits, the deadline for leaving Poland
PLEASE NOTE: This change applies to all foreigners in Poland, not just Ukrainian citizens. The regulations will be repealed on 24 August 2023. Until then, you must take steps to extend the legality of your stay in Poland. [Article 17 and Article 36(5) of the amendment].
UPDATE 13th January 2023
According to the regulation of the Council of Ministers, the state of epidemic emergency is extended till 30th March 2023.
As the special COVID-19 solutions for foreigners refer to both states (epidemics and epidemiological emergency), regulations on, inter alia:
– extension of validity of D visas, temporary residence permits, work permits
– extension of the deadline for submitting applications for temporary residence permits remain unchanged.
UPDATE 16th May 2022
According to the regulation of the Council of Ministers, as of 16th May 2022 the state of epidemics is replaced by the state of epidemic emergency.
As the special COVID-19 solutions for foreigners refer to both states (epidemics and epidemiological emergency), regulations on, inter alia:
– extension of validity of D visas, temporary residence permits, work permits
– extension of the deadline for submitting applications for temporary residence permits remain unchanged.
UPDATE 30th January 2021
On 7 April 2020, the Council of Ministers has adopted as part of the extension of the “anti-crisis shield” a draft of another act aimed at counteracting the negative effects of the SARS-CoV-2 virus epidemic. It provides, among others, for extension of the legal stay of foreigners staying in Poland on the basis of visa-free travel or Schengen visas. The draft also envisages the extension of the period of validity of residence cards and temporary identity certificates for foreigners.
The draft* adopted by the Council of Ministers on 7 April contains additional specific solutions for foreigners residing in Poland. Some of them already came into force on 31 March and their details can be found here.
Extension of legality of stay of foreigners residing in Poland on the basis of short-term residence titles, including visa-free travel
The draft applies to foreigners who, on the day of the announcement of the epidemic emergency on 14 March 2020, were staying in Poland on the basis of:
- Schengen visa,
- visa issued by another country of the Schengen area (including a long-stay visa authorising to stay for a period exceeding 90 days),
- residence document issued by another Schengen state,
- on the basis of visa-free travel,
- long-term visa issued by another Member State of the European Union that is not a Schengen state, if, in accordance with the provisions of the European Union law, it entitles to stay on the Polish territory,
- residence permit issued by another Member State of the European Union that is not a Schengen State, if, in accordance with the provisions of the European Union law, it entitles to stay on the Polish territory.
The stay of these people will be considered legal from the day following the last day of legal stay based on the above-mentioned visas, documents or visa-free travel, until the end of the 30th day following the date of cancellation of the state of epidemic emergency or the state of epidemic – depending on which one was the last in force.
The above solution assumes that the extension of legality of stay will occur by law. It will not require submitting any applications or issuing permits or documents.
This will allow for further legal stay in Poland for foreigners who, for various reasons related to the SARS-CoV-2 virus epidemic, cannot leave the Polish territory and for those who want to continue to achieve the purpose of their stay, including work. The aforementioned provision allows foreigners to perform work based on possession of a work permit, seasonal work permit and declaration on entrusting work to a foreigner, which under existing provisions are or will be extended by law.
Thanks to this solution, foreigners will not be forced to submit any applications for residence permits in the future to be able to leave Poland without hindrance.
Extending by law the periods of validity of foreigners’ residence cards and temporary certificates of identity
The draft provides for the extension by law of the periods of validity of the foreigners’ residence cards and temporary certificates of identity (known in Poland as TZTC – documents issued to foreigners applying for international protection) if their end would fall during the period of state of epidemic emergency or state of epidemic. The period of validity of these documents will be extended until the end of the 30th day following the date of cancellation of the last of the two above-mentioned states that was in force. This solution is important due to the temporary suspension of direct customer service by voivodeship offices and the Office for Foreigners due to the outbreak of the coronavirus. It will allow foreigners to use these documents until it becomes possible to issue new ones.
* The draft act on specific support instruments in connection with the spread of the SARS-CoV-2 virus was submitted to the Sejm of the Republic of Poland. The content of the draft is available in Parliamentary document no. 330 on the website: www.sejm.gov.pl.
We encourage you to follow further messages to be published on the website of the Office for Foreigners.
In connection with the current epidemiological situation, on 31 March 2020 came into force an act providing, inter alia, special solutions for foreigners in Poland. The regulations will allow people who want to pursue their current purpose of stay or cannot leave Poland due to the spread of SARS-CoV-2 virus to stay legally in the country.
Until the end of the 30th day following the date of cancellation of the last state (state of epidemic emergency or state of epidemic), the following will be extended:
- legal stay of foreigners on the basis of national visas and temporary residence permits that would end during the period of state of epidemic emergency or state of epidemic,
- deadline for submitting applications for legalisation of stay,
- periods of validity of residence cards, Temporary Foreigner IDs, Polish foreigner identity documents, “tolerated stay permit” documents and documents issued for a limited period for citizens of EU Member States, the European Free Trade Agreement (EFTA), the Swiss Confederation and family members staying with them
- validity of already issued work permits, seasonal work permits and declarations of entrustment of work to a foreigner.
Moreover, the following deadlines will be postponed:
- for foreigners to leave Poland,
- of voluntary return specified in the decisions obliging the foreigner to return.
The option of changing the conditions of work performed by foreigners in the event of employers using the solutions of the Anti-crisis Act has also been introduced.
Extension of the legal stay of third-country nationals
The extension of the legal stay of a foreigner staying in Poland on the basis of a national visa and temporary residence permit will apply to situations in which the last day of legal stay will fall within the period of state of epidemic emergency or state of epidemic. It will therefore be the period from 14 March 2020, when the state of epidemic emergency was announced. Then the period of legal stay in Poland will be extended by law until the end of the 30th day following the date of cancellation of one of the above-mentioned states, whichever was in force last.
In the case of foreigners residing in Poland on the basis of short-term residence titles (including under the visa-free travel regime, Schengen visa or residence document issued by another Schengen state), recognition of stay as legal will apply only to persons who on 14 March 2020 were staying in the country on the basis of such titles. However, it does not apply to persons who entered Poland later – in such a situation, the foreigner may take advantage of conditional legal stay and submit an application for residence permit before the postponed deadline.
Extending the legality of your stay will not involve placing a new visa sticker on the foreigner’s travel document or issuing a new residence card. The foreigner will not be able to travel on the basis of such extended stay within the territory of other Schengen countries. However, the foreigners will be able to pursue they current purpose of stay in Poland, e.g. the performance of work. Work permits and seasonal work permits will be extended, as well as the allowed period of work based on the declaration of entrusting work to a foreigner. Foreigners will also be able to leave Poland without the risk of entering into an illegal stay.
Extension of deadlines for submitting applications
The act provides for extension of the deadlines for submitting applications for residence permits, to extend visas and to extend the stay under visa-free travel, if the deadline would fall within the period of state of epidemic emergency or state of epidemic. As before, these applications may be submitted to voivodship offices up to the 30th day following the date of cancellation of the last of the above-mentioned states that was in force. Foreigners’ stay in Poland during this period will be considered legal provided that they submit an application for legalisation of stay within the extended period.
The above solution shall apply to foreigners who would like to apply for:
- granting 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 period of visa-free travel – this applies only to citizens of Brazil, Argentina, Chile, Honduras, Costa Rica, Nicaragua, Singapore and Uruguay, as only the visa waiver agreements with these particular countries provide for this possibility.
Extension of dates for leaving the territory of Poland
The act contains a solution that shall be the basis for extending by law the deadlines for leaving Poland under Article 299 para. 6 of the Act on Foreigners (e.g. in connection with the delivery of a final decision refusing a temporary residence permit), if they would fall during the period of state of epidemic emergency or state of epidemic. Their extension will last until the end of the 30th day following the date of cancellation of the last of the above-mentioned states that was in force.
Extension of the periods of voluntary return specified in the decisions obliging the foreigner to return
It is assumed that the deadline for voluntary return specified in the decision obliging a foreigner to return, the end of which would fall during the period of state of epidemic emergency or state of epidemic, is postponed by law. As in the case of the 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 cancelation of the last state.
Citizens of EU countries, countries of the European Free Trade Agreement (EFTA), the Swiss Confederation and their family members
The introduction of the state of epidemic emergency in Poland, followed by the state of epidemic, does not affect in any way the residence rights of citizens of European Union Member States, countries of the European Free Trade Agreement (EFTA), the Swiss Confederation and family members staying with them. These rights are not dependent on having any permits or documents.
For more information please follow the website of the Office for Foreigners.
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