Foreigners’ Stay in Poland – Legal Entry to Poland and Long-Term Stay

Polish immigration law sets various rules for entering Poland. Obligations related to the legalisation of long-term stay of foreigners also differ. They depend mainly on the foreigner’s nationality. Below we explain the process of legal entry to Poland based on citizenship. Read on to learn more about it.

Legal Entry to Poland – EU Citizens

The process is most straightforward for citizens of the European Union (EU), the European Economic Area (EEA), and the Swiss Confederation (hereafter: EU). Under the EU’s freedom of movement, legal entry to Poland is possible with a valid travel document. A passport or another ID with a photo and personal details is necessary. It should confirm the citizenship of one of the countries from the above-mentioned EU area.

EU citizens staying in Poland for more than 3 months must apply for residence registration with the provincial governor. The application must be submitted no later than the day after the 3-month period expires. The procedure is simplified and free of charge. It ends with the issuance of a “Certificate of Registration of an EU Citizen’s Stay.” The document, in the form of a plastic card, is valid for 10 years and includes the note “Directive 2004/38/EC.”

Legal Entry to Poland – Family Members of EU Citizens

A family member of an EU citizen who is not an EU citizen themselves (e.g., an Indian citizen married to a Spanish citizen) can enter Poland with a valid travel document and a visa unless separate regulations state otherwise. Such specific regulations include for example instances of visa-free travel to Poland. A non-EU family member staying in Poland for more than 3 months must obtain a residence card. It is valid for 5 years and informs about being a “family member of an EU citizen, Art. 10 of Directive 2004/38/EC”. The information is provided in the “type of permit” field.

Legal Entry to Poland – Citizens of the United Kingdom of Great Britain and Northern Ireland After Brexit

Due to Brexit, separate rules apply to certain citizens of the United Kingdom of Great Britain and Northern Ireland. They are referred to as beneficiaries of the Withdrawal Agreement.

Since 1 January 2021, UK citizens and their family members in Poland can apply for new residence documents. The new documents confirm their rights under the Withdrawal Agreement for entry and stay in Poland. This applies to people who:

• Exercised their right to reside in Poland under EU law before the end of the transition period. It lasted from 31 January 2020 to 31 December 2020. This also applies to British citizens who entered Poland for the first time during the said period, and
• still remain in Poland.

Obtaining these documents is advisable for practical reasons. It is crucial if one wish to keep legal residence rights in Poland provided so far for British citizens. Pre-Brexit residence permits (for EU citizens) were valid until 31 December 2021. The new residence documents include a note referring to the Withdrawal Agreement. “Article 50 TFEU, Article 18(4) of the Withdrawal Agreement”. They are completely free of charge.

UK citizens and their family members who entered Poland after 31.12. 2020 are not covered by the Withdrawal Agreement. As a result, they must follow general entry and stay rules for third-country nationals

Legal Entry to Poland – Non-EU Citizens

The matter is a bit more complicated in the case of people with citizenship of a non-EU country. The easiest scenario is when the country appears on the Polish Ministry of Foreign Affairs’ list of states whose citizens can travel to Poland without a visa. In this case, a foreign national can enter Poland and stay legally for 90 days within any 180 days. However, there are exceptions. For example, a privileged system for calculating the 90-day stay for citizens of the USA or Japan.

Legal Entry to Poland – Short- and Long-Term Visas

For countries without a visa waiver agreement with Poland, legal entry requires obtaining a visa in advance. This applies to countries that are not on the visa-free list. As a general rule, a foreign national must apply for a Polish visa at the Polish consulate in their home country. If there is no Polish consulate in that country, they must apply at the nearest Polish diplomatic post in a neighbouring country. Yet, there might be exceptions to this “regionalization”, especially in particularly justified cases.

In practice, there are two main types of visas:

1. short-term (marked with the symbol ‘C’) – the so-called Schengen visa
2. long-term visa (marked with the symbol ‘D’) – the so-called national visa
3. Schengen Visa

A foreigner may apply for a Schengen visa when the following circumstances occur:

• its only destination country in the Schengen area is Poland,
• a foreigner intends to visit more than one Schengen country, but Poland is the main place of his visit,
• a foreigner cannot determine the main destination but will first enter the Schengen Area in Poland.

A key requirement is that the stay does not exceed 90 days within any 180-day period (known as “Schengen days”). A Schengen Calculator, available on the European Commission’s website is a useful tool here. It helps to determine how many days remain within the permitted 90-day limit. It takes into account the gradual consumption of the available “Schengen days” limit.

To legalize their stay in Poland for a longer period, a foreigner with a Schengen visa should:

• Apply for a national visa at a Polish consulate. This may require leaving Poland and waiting for a new visa.

• Apply for a Schengen visa extension with the regional governor. One should do it before the current visa expires. The extended period will not exceed the usual 90/180-day limit for this visa. A visa extension is possible only if the reasons for the extension were unforeseen and beyond the foreigner’s control at the time of the original application.
• Apply for a residence permit in Poland before the visa expires. The application should be submitted to the competent provincial governor, based on the main purpose of stay. For example work, studies, or family reunification. However, it is important to remember that:
• During the residence permit application process, the “Schengen days” limit may be used. In such a case, the foreigner’s stay in Poland remains legal until the final decision is issued. However, their mobility will be significantly restricted. Leaving Poland and returning will require obtaining a new visa (Schengen or national).
• In 2025, Poland plans visa system reforms. The draft law amending certain acts aims to eliminate irregularities in the visa system. These changes will introduce a refusal of a temporary residence permit if the basis for stay is employment while the foreigner resides in Poland on a document issued by another Schengen country. An exception applies if the foreigner has mobility rights in Poland resulting from this document. A stay under such document is secondary to long-term residence (over 90 days) in the country that issued the visa. It should not be treated as a basis for extended stay and employment in Poland.

As a result, new regulations will introduce certain changes. If a foreigner plans to stay in Poland over 90 days, obtaining a Schengen visa as a first document will bring some restrictions.

• National Visa

Foreigners should apply for a national visa when planning to stay in Poland formore than 90 days. A national visa is issued for a maximum of one year. The consulate makes the decision, taking into account several factors. They include the duration of the travel medical insurance provided by the foreigner during the visa application. In the case of a work visa, the period for which the Polish employer intends to employ the foreigner is crucial.

Before a national visa expires, a foreigner should take some steps to extend stay legally. The following options are available:

• Apply to the voivode responsible for your place of residence in Poland for a residence permit. The permit should be based on the main purpose of your stay, such as work, studies, or family reunion. This is the recommended solution. However, keep in mind that:
• In 2025, the draft law amending certain acts to eliminate irregularities in Poland’s visa system is set to take effect. The changes will introduce a refusal of a temporary residence permit if the basis for stay is employment while the foreigner is in Poland on a long-term visa issued by another Schengen country (unless benefiting from mobility rights) or on a national visa granted for a purpose unrelated to work.
• Applying to the voivode in the foreigner’s place of residence for a national visa extension. This option is available only once. The extended visa cannot exceed the standard national visa limit of one year. It is only possible if the reasons for extension were unforeseen and beyond the foreigner’s control during the initial application. Or,
• Applying to the relevant consul for a new national visa. This will likely require leaving Poland. One should also consider facing an indefinite waiting period for visa approval.

If you are interested in this topic and want to learn more, feel free to contact us for help.