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Visa and Residence Procedures
You may apply for a visa if you intend to enter the territory of the Republic of Poland and reside there for the period not longer than three months and you are not the citizen of a country with which the Republic of Poland concluded an agreement on the abolition of the visa obligation.
You may apply for a visa if you have a valid travel document authorizing you to return to the country of permanent residence or to the entry in the territory of another country. The visa should be affixed to the travel document if the term of validity of such document exceeds the date when the alien must leave the territory of the Republic of Poland, as stated in the visa, by at least three months.
At least 14 days before the lapse of the residence period on the basis of the visa issued you may apply for another visa, however, the aggregate period of your residence on the territory of the Republic of Poland on the basis of the visas issued may not exceed 6 months within the period of 12 months counting from the date of the first entry.
If the application was filed later than 14 days before the end of the period of residence on the basis of the visa issued, and the proceedings are not completed before the expiry of that visa, you will be obliged to leave the territory of the Republic of Poland and await the decision abroad.
In the event that you reside on the territory of the Republic of Poland pursuant to the international agreement on the abolition of the visa obligation and you intend to continue your residence in Poland, you should apply for the issuance of a visa at least 14 days before the lapse of the period of residence allowed on the basis of that international agreement. The aggregate period of residence on the territory of the Republic of Poland based on the international agreement on the abolition of the visa obligation and visas may not exceed 6 months within the period of 12 months counting from the date of the first entry.
The visa authorizes to a single, double or multiple entries in territory of the Republic of Poland and residence on that territory for the period specified in the visa.
Visas are issued for the period not longer than three months.
In addition to the length of the residence period, the visa also specifies the term of its validity, not longer than 5 years, during which the first entry in and the last departure from the territory of the Republic of Poland must take place.
AUTHORITIES COMPETENT TO ISSUE VISAS:
· the Consul (outside the territory of the Republic of Poland);
· the Voivod competent with respect to the place of residence of the alien (inside the country);
· the Commander-in-Chief of the Border Guards' checkpoint
TEMPORARY RESIDENCE PERMIT
Visas entitle a foreigner to stay in Poland no longer than 6 months within a period of 12 months. If you are planning to stay more than 6 months, instead of prolonging the visa you should apply for temporary residence permit.
Among the circumstances that justify the residence on the territory of the Republic of Poland for a period longer than 6 months are the following:
1. taking up studies by an alien who has sufficient resources to cover the costs of the studies and maintenance during the studies without the need to use social allowances, confirmed by a certificate issued by a public or non-public university or college confirming the enrolment of the alien;
2. participating in training courses and internship organized as part of the European Union programs;
If you stay abroad, the application for granting the temporary residence permit should be filed via the consular office. If you stay, however, in Poland you should visit the Department of Citizen Affairs in the Urz±d Wojewódzki (Voivodship Office) in the capital city of the respective province.
In the event that you apply for the temporary residence permit in connection with the studies you are obliged to submit:
1. four copies of the completed form of application for the temporary residence permit;
2. four color photographs (size 4.5 cm x 3.5 cm);
3. documents confirming the source of income or own financial resources and their value;
4. the certificate confirming the fulfillment of the residence registration obligation (in the event of filling an application with the voivod).
5. a certificate from the competent tax office regarding the performance of tax liabilities towards the Republic of Poland;
6. certificate issued by the public or non-public university or college regarding the studies;
7. the stamp duty or the receipt confirming the payment of the consular fee.
The decision on the granting or refusing the temporary residence permit is issued by the voivod competent with respect to the place of intended residence. The residence card constitutes a document that confirms the obtaining of the temporary residence permit.
In order to take up studies the temporary residence permit is granted for the period of one year - to be extended by further one-year periods until completion of studies.
If you reside in Poland you should file the application for granting or prolonging the temporary residence permit at least 45 days before the end of the residence period on the basis of the visa or the period for which the preceding temporary residence permit was issued. In the event that the voivod may not issue the decision within the above-specified time, you will obtain the visa for the period until the completion of the proceedings before the authority in 1 the first instance.
If the application was filed later than 45 days before the end of the residence period specified in the visa or the period for which the preceding temporary residence permit was issued, and the proceedings are not completed before the expiry of your residence permit you will be obliged to leave the territory of the Republic of Poland and await the decision abroad. In such case an agent for delivery might be appointed.
If the application for the issuance of the temporary residence permit was filed abroad, the decision of the voivod will be delivered to you through the agency of the consul. In the case of a decision permitting the residence for a specified period of time you will obtain a visa with a specific symbol authorizing you to enter the territory of the Republic of Poland in connection with obtaining the temporary residence permit. The residence card will be issued in the country by the voivod competent with respect to the place of the intended residence.
CONSEQUENCES OF RESIDING ON THE TERRITORY OF THE REPUBLIC OF POLAND WITHOUT THE REQUIRED RESIDENCE PERMIT
In the event of detecting that you reside in our country without the valid visa, temporary residence permit or the permit to settle, you may be obliged to leave the territory of the Republic of Poland. Such obligation may also be imposed on you if you work or carry on other type of activity without the required permit, if you do not have means sufficient to cover the costs of your stay or if you did not leave the territory of Poland within the period specified either in the decision on the refusal to issue a visa, or on the refusal to grant the temporary residence permit or its revocation or the decision on the revocation of the permit to settle.
After your departure from Poland resulting from the obligation to leave the territory of the Republic of Poland you will be prohibited to enter our country for the period of one year.
Should you fail to abide by the decision on the obligation to leave the territory of the Republic of Poland, you may be expelled in consequence.
The decision on expulsion may be issued without the prior decision on the obligation to leave the territory of the Republic of Poland, especially when circumstances indicated in Art. 13 Section 1 of the Law on Aliens dated June 25, 1997 arise (Journal of Laws No. 114, Item 739, as amended) or when you have hidden the truth or counterfeited or modified a document, for the purpose of using it as a original one, or if you used such document as the original one while submitting testimony used as the evidence in the proceedings conducted pursuant to the Law on Aliens.
The authority responsible for the enforcement of the expulsion order has the right to enforce the reimbursement of expenses related to the expulsion.
After your departure from Poland resulting from the expulsion from the territory of the Republic of Poland you will be prohibited to enter our country for the period of 3 to 5 years.
GENERAL PROCEDURAL ISSUES
Any matter requiring explanatory proceedings should be settled within the period not longer than one month, and a highly complicated matter - within the period not longer than two months from the date of initiating the proceedings, and in the case of appellate proceedings within the period of one month from the date of receiving the appeal.
The authority in the first instance or the appellate authority is obliged to notify you each time a matter is not settled within the prescribed time, specifying the reasons for delay and indicating the new date for the settlement of the matter.
All correspondence (notices, calls, decisions, etc.) is sent against the confirmation of receipt by mail or delivered by clerks of the authority in the first or second instance.
The correspondence will be delivered to you personally or to your agent for delivery, if appointed.
In the event it is not possible to deliver a letter to you or another adult person with whom you reside, such letter should be deposited for 7 days at the post office, and the relevant notice should be left in a place which is visible to you. The letter is deemed as delivered upon the 'lapse of the last day of that period.
You are obliged to confirm the receipt of a letter by affixing the signature with specification of the date of delivery. If you intentionally fail to corm the delivery, the person delivering the letter will indicate by himself or herself the date of delivery and the person who accepted the letter as well as the reasons for the lack of signature.
If you refuse to accept the letter sent by mail or delivered to you otherwise, such letter will be returned to the sender with an annotation on the refusal of acceptance and the date of the refusal. In such case the letter is deemed as delivered on the day when the addressee refused to accept it.
You should notify the authority that conducts the proceedings of every change of the place of residence. In the course of the proceedings the correspondence is always sent to the address for correspondence, which was indicated to the given authority most recently.
If your address changed and the authority conducting the proceedings was not informed of that change, the correspondence will be sent to your previous address. Pursuant to the Code of Administrative Procedures, such correspondence is also deemed effective when you no longer reside under the address indicated and for this reason you did not acknowledge the content of the letter.
The failure to notify the authority of the change of place of residence may produce serious consequences to you, e.g.:
· the application will remain unconsidered;
· the decision of the competent authority may be declared final and binding if you miss the deadline for lodging the appeal against the decision of the authority in the first instance or for lodging the complaint to the Supreme Administrative Court against the decision of the appellate authority.
Stamp duty is charged on applications and appendices filed (5 PLN per application and 0.50 PLN per appendix). The foregoing charge should be paid in the form of stamps affixed to the application.
If you do not pay the foregoing charge while filing the application, the authority that conducts the proceedings will set a period during which you will be obliged to make the payment due. Such period cannot be shorter than 7 days or longer than 14 days. If the payment due is not made within the prescribed period, the application will be returned to you.
Before issuing a decision, the authority in the first instance and the appellate authority may call upon you to appear in person for the purpose of explaining material circumstances that are necessary for issuing the decision.
You should pay particular attention to the instruction regarding the means of appeal, which is enclosed with each decision, and the deadlines specified therein. You may lodge an appeal against the decision issued by the authority in the first instance, or the complaint to the Supreme Administrative Court against the decision of the appellate authority only before the expiration of these deadlines.
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