Visa questions and border crossing in Poland?

Holders of national visas marked D can move through the territory of the Schengen states for up to three months within six months if they meet the following conditions necessary for entry into the Schengen area countries:

• possess a valid travel document;
• carry insurance covering the entire period of intended stay, valid in the Schengen area;
•  justify the purpose and conditions of the intended stay and have sufficient means of subsistence, both during the intended stay and for the return to their country of origin or transit to a third country to which they are sure to be admitted or are in a position to acquire such means legally;
• their data are not included in the Schengen Information System to refuse entry;
• they are not considered to be a person that can undermine public order or pose a threat to national security or international relations.

A person with a national visa or a residence permit may stay in other countries of the Schengen area for up to three months within six months from the date of first entry (under certain conditions, exceptions to this rule may apply to holders of residence permits for long-term EU residents).

Because in the Schengen area, border controls for persons crossing the borders between the Member States of the Schengen area were abolished, if a person travels by car or bus, there is no straightforward procedure for checking the length of their stay in the Schengen area. When travelling by plane, entry and exit dates can be checked as the traveller's data is entered into the border control system at the airport.

It is worth remembering that the person exceeding the allowed period of a 3-month stay does this entirely at their own risk. Remaining in the territory of the Schengen area (in a country other than the one that issued an alien with a national visa or a temporary residence card) after the allowed period of stay on this territory (3 months within six months from the date of first entry) could be the basis for the decision to expel the alien from the territory of that country and impose a ban on entry to the Schengen area.

No, they cannot because the United Kingdom does not belong to the Schengen area.

A visa application must be submitted three months before the planned trip.

A person with multiple-entry visa valid for at least six months may apply for a new visa before the currently owned visa expires. The validity of a new visa, however, must begin no earlier than on the date of expiry of the previous visa – as one cannot hold two visas at the same time (for example, if a visa is valid until August 15, the validity of the new visa may only start from August 16).

Information on the financial resources required and minimum amounts that a foreigner entering the Polish territory is obliged to posses can be found here ->

No, it is impossible. In Poland, a visa can be extended only in strictly defined exceptional circumstances. In the case of studies, you can apply for a temporary residence card (residence permit for a fixed period). Documents are to be submitted 45 days before the expiry of the visa, based on which the student resides in Poland.

The visa can be extended only in strictly defined exceptional circumstances. More information on the renewal of national and Schengen visas can be obtained here ->

If a foreigner possesses a work permit, they may also apply for a residence permit for a fixed period.

Suppose the validity of your temporary residence card has expired, and you left Poland before the end of the validity of the card. In that case, you can apply for a visa at the consulate of the Republic of Poland based on an invitation issued by a Polish citizen (in this case - your husband). After receiving a visa and arriving in Poland, you can apply for a residence permit for a fixed period, which can be granted to a foreigner married to a Polish citizen. The application must be submitted 45 days before the expiry of the visa.

United Kingdom does not belong to the Schengen area, so in order to move to England, you must obtain a visa. The procedure of applying for a visa to the UK can be found on the website of the Consulate of the United Kingdom in Poland.

To come to Poland, your son should have a visa or other document authorising him to cross the border (such as a residence card). If you have a permit to settle, a long-term EU resident permit or you have been living in Poland legally and continuously for at least five years, you can draw up an invitation inviting your son to come to Poland. Your son can apply for a visa in his country of origin based on this invitation.

The person inviting does not need a bank account but must provide evidence of their ability to cover the costs associated with the alien's stay on the Polish territory. This may be in the form of a statement of account but also – for example - a contract of employment with the indicated amount of remuneration.

The permit to settle and the long-term EU resident permit entitle an alien to reside on the Polish territory.

How much does one day stay in Poland cost? How much funds should one have for one week stay in Poland?

Information about the amount of funds an alien entering the Polish territory should have can be found here ->

The information given is unclear whether your fiancé is already residing in Poland (and if so, what is the basis of his stay), or whether he remains abroad. In general, the migration path should look as follows:

If your fiancé is a holder of the Card of the Pole and remains outside Poland, he should apply for a visa – more information on visas can be read here ->

If your fiancé is in Poland and of Polish origin, he can apply for a permit to settle in Poland on this basis. Please note that possession of the Card of the Pole itself does not automatically give one the right to receive the permit to settle in Poland. If the Card of the Pole was issued on the basis of Polish origin, he can apply for the permit to settle on the basis of the evidence that was presented when applying for the Card of the Pole. The very same evidence can be used to obtain a permit to settle. More information on the permit to settle is available here ->

If your fiancé resides in Poland on the basis of a visa, he may apply for a temporary residence permit, if, for example, he undertakes work or studies in Poland. An application for a temporary residence card must be submitted no later than 45 days before the expiry of the visa.

If your fiancé has been residing in Poland for five years, he may also apply for a residence permit for EU long-term resident

In this case, however, more than the Card of Pole or Polish citizenship is required to receive this permit.

Suppose your fiancé obtains a permit to settle, a long-term EU resident permit or temporary residence card for the purpose of scientific research. In that case, you can apply for a temporary residence permit in order to unite with the family. However, the condition for obtaining such a card is you being married (thus, in order to obtain the card you have to get married, otherwise you are not eligible to obtain the permit for this purpose).

Having a Card of the Pole does not give you an automatic right to receive a permit to settle in Poland.

The permit to settle may be granted, among others, to an alien who confirmed that they are of Polish ancestry.

If your Card of the Pole was issued based on your Polish descent, you may also apply for the permit to settle based on the evidence you presented when applying for the Card of the Pole. The same evidence can be used to obtain a permit to settle.

If you have been staying in Poland legally and continuously for at least five years, you may apply for a residence permit for EU long-term residents. The stay in Poland is considered continuous if no interruptions in your stay are longer than six months; cumulatively, they are at most ten months. Possession of the Card of the Pole or being of Polish origin is not considered when applying for a long-term EU residence card.

A residence permit for a fixed period is granted to a foreigner married to a Polish citizen. The foreigner must apply for a residence permit for a fixed period at least 45 days before the expiry of the residence period marked on the visa issued to them. Suppose the alien makes an application later than before the deadline above, and the approval procedure for the (subsequent) residence permit for a fixed period is completed after the expiry of the period of stay indicated in the visa (or permit for temporary residence). In that case, an alien must leave the Polish territory before the indicated period of stay expires. Suppose your visa expires in less than 45 days. In that case, it is best to obtain a new visa based on the Card of the Pole  in a Polish consulate abroad, and after receiving a visa, to apply for a temporary residence card when already in Poland.

An alien who has lost a residence permit must notify the voivode who issued it within three days from the date of loss.

If you find the previously lost residence card, you will need to - within three days from the date - notify the voivode thereof and return the one found if a new one was already issued to replace the lost one.

The fee for a new card of residence:

•   for replacement of the residence card in case of its loss or destruction due to the fault of the foreigner - 100 PLN, 
•   in case of every subsequent loss or destruction of the residence card due to the fault of the foreigner - 200 PLN

There are three types of permits:
- a temporary residence permit
- a permit to settle
- EU long-term resident residence permit

A temporary residence permit is issued for a maximum of two years and can not be renewed automatically. So, you should apply for a new permit at least 45 days before the permit expires.
The period of validity of the permit to settle is ten years. The period of validity of the EU long-term resident residence permit is five years. After this period, the alien must replace their residence card with a new one. However, completing the procedures necessary to obtain a specific authorisation (residence permit type) is not required – you need only to replace the document itself.

Taking up studies in Poland is essential to obtain a temporary residence card. The studies can be full-time, doctoral or other (for example, part-time or evening system). The residence permit shall be issued at the voivodship office in the foreign nationals department having jurisdiction over the alien's residence. The permit application must be submitted 45 days before the expiry date of the document on which basis the alien resided in Poland until then (for example, residence permit or visa).

In the case of undertaking or continuing full-time or doctoral studies, the following basic set of documents should be submitted:

- 4 filled-out copies of the application for the residence permit for a fixed period. The application form is available here ->

 - 3 copies of a valid travel document and the original available for inspection on request

 - residence address certificate – what is the residence address certificate? ->

 - legal title to the residential premises where the foreigner resides or intends to reside – what is the legal title to the residential premises? ->

-      confirmation of payment of stamp duty. 

Apart from the basic set of documents, you should also submit the following:

-       certificate of acceptance as a student  (by the template provided) or permission to continue studies issued by the education institution;

-       a payment slip proving payment of any fees required by the education institution (ex., agreement on payment of fees and copy of a bank transfer confirmation);

-       documents confirming possession of financial means to cover the costs of living and return

-       health insurance

-       ticket or funds to purchase a return ticket to the country of origin

If your daughter is a minor, there are grounds to apply for a residence card for her stay in Poland. However, if the daughter is an adult, such entitlement does not exist.

If your daughter is a minor and enters Poland to reunite with the family, she may obtain a residence permit for a fixed period of time.

If your daughter is an adult and is abroad, you can issue an invitation to visit Poland for your daughter. With this invitation, your daughter can apply for a visa in the country of origin. The purpose of issuing such a visa will be “visiting”. If your daughter wants to stay in Poland after arrival, for example, due to studies or work, 45 days before the end of the visa validity, she will be required to apply for a temporary residence card. Required documents for such a card will vary depending on the purpose of its issuance.

More information on the residence permit for a fixed period is available here ->

If a student resides in Poland based on a student visa, they can work without obtaining a work permit only in July, August and September. Suppose the student resides in Poland based on a temporary residence card issued for studies. In that case, they can work in Poland without a separate permit for the whole card validity period.

More information on declaration of intention to entrust a job to a foreigner is available here ->

Employer data can be checked in the Regon register database (www.stat.gov.pl/regon/) or the KRS National Court Register base (www.krs-online.com.pl ). If the employing entity is a Polish employment agency, the data can be found in the National Register of Employment Agencies (www.kraz.praca.gov.pl ).

So that you know, an employment contract is to be concluded in writing. Suppose an employment contract has yet to be concluded in writing before starting work. In that case, the employer must  - no later than on the day of commencement of work by the employee  - confirm in writing the details concerning the type of contract and its terms and conditions.

Suppose the contract was signed but has yet to be given to the employee. In that case, the employee may apply to the Labour Court to prove the existence of an employment relationship or that the employee has worked at a particular place. As relevant evidence may be considered, such documents as, for example, working documents signed by the employee, e-mails sent from the workplace mailbox, phone calls, witness statements, etc.

If the employer doesn't sign the contract and the remuneration is not paid, you can pursue the matter, in addition to the ordinary courts, by contacting the district labour inspector. District labour inspectors do not deal with complaints arising out of civil law contracts, however. Such complaints can be dealt with only by the courts.

Contact details for District Labour Inspectorates are available here -> http://www.pip.gov.pl/html/pl/html/06000000.htm
The National Labour Inspectorate offers free advice on labour law issues - telephone numbers are available here ->

http://www.bip.pip.gov.pl/pl/bip/porady_wszystkie

No, this is not possible. A work permit issued in Poland entitles you to work only on the Polish territory. If a foreigner wants to work in Denmark, they must apply for a separate permit in Denmark.

Holders of the Card of the Pole and a visa issued on its basis have the right to take up and pursue economic activity on these same terms as Polish citizens. The entrepreneur may undertake business activity on the submission date of an application for registration in the Central Register and Information on Economic Activity or after entry into the National Court Register (KRS) system. Entrepreneurs who are natural persons are subject to registration. Entrepreneurs have the right to indicate a commencement date of economic activity later than the date of application submission in their application for entry in the Central Register and Information on Economic Activity. An entrepreneur entered into the register of entrepreneurs or subject to other registration requirements, is obliged to place in all written statements and documentation concerning its business activity, addressed to certain persons and entities, its tax identification number (NIP) and use this number in all legal matters and business trading. Identification of individual entrepreneurs in the specific official records is based on the tax identification number (NIP).

No, it is not possible.  This type of visa entitles an alien only to perform work in Poland.

Generally, suppose a child is indicated on the visa. In that case, he or she will be covered by private health insurance, which is mandatory when applying for a visa still in the country of residence (the minimum amount of insurance is 30 000 euro). This insurance must be valid for the entire period of the child's stay in Poland. It is, therefore, recommended that you purchase insurance from a reputable company that will indeed cover the costs of medical services if such need arises.

If a parent undertakes legal work (provided they hold a visa with work authorisation or a work permit, perform the work at the workplace specified in the above documents and at a given position, have signed a contract and were registered by the employer with the Social Insurance Bureau within seven days from the date of commencing work), it should be remembered that each insured person is required to report to the insurer also the data of family members residing in Poland, if they do not have health insurance granted under a different title (for example, if they do not work). Thus, in this case, the child may also be registered with the Social Insurance Bureau (institution responsible for social security and collecting health insurance premiums). Insurance registration consists of simply providing the employer with the personal data of family members using a particular form.

What legal status must a foreign national possess to buy property in Poland?

Generally, the rules differentiate between two types of property: an apartment (known as "stand-alone residential premises" in legal texts) and a house.

There is no legal status requirement an alien must meet to buy a “stand-alone residential premises” or an apartment in Poland. This means that a foreigner with a Polish visa, residence permit for a fixed period, a permit to settle or a residence permit for EU long-term residents does not need authorisation to buy an apartment. No permission is also required for a foreigner who does not reside in Poland but still wants to buy an apartment on the Polish territory.

However, if a foreigner wants to purchase a house, they must obtain authorisation from the Minister of Internal Affairs. Such official permission is not required for persons who have lived in Poland for at least five years from the issuance of the permit to settle or residence permit for EU long-term residents. An alien who is a spouse of a Polish citizen and has lived in Poland for at least two years after being issued a permit to settle or an EU long-term residence permit and who wants to purchase a house that will form a part of the community property of the spouses is also released from the obligation to obtain authorisation of the Minister of Internal Affairs.

Nevertheless, an authorisation by the Ministry of Internal Affairs is necessary to purchase real estate located in the border zone and for agricultural land with a surface area of ??more than 1 ha.

What is the procedure for the purchase of real estate by foreigners?

The procedures in force differentiate between the property purchased by an alien who needs authorisation to buy real estate and by a foreigner entitled to purchase property without such permit.

I'd like you to know that information on foreigners who must obtain an authorisation to purchase property and those who are exempt from this obligation a permit can be read above.

If the foreign national needs authorisation to buy property – such authorisation is issued as an administrative decision by the Minister of Internal Affairs.

The authorisation is issued upon request of the foreigner if:

1) acquisition of real estate by a foreigner does not constitute a risk to the national defence, security or public order, and there are no objections justified by social policy or public health reasons;
2) circumstances confirming the alien’s ties with Poland are presented and proven.

To obtain such authorisation, an alien must submit an authorisation request. There is, however, no ready-made template for the application. A foreigner applying for authorisation to purchase real estate is required to submit the following documents:

1)    Documents defining their legal status:

a) in the case of a natural person – an excerpt or a copy of the document confirming the identity with an indication of citizenship and address of the place of residence, and if the person conducts business activity – also an extract from the appropriate register,

b) in case of legal persons and companies without legal personality– a copy or an excerpt from the appropriate register;

2)   Documents defining the real estate in question:

a) copy from the real-estate register or a certificate from a collection of documents,

b) excerpt from the real estate register together with a sketch of the map from evidence files,

c) in the event the relevant property was created as a result of a merger or division – a list of land changes or a decision confirming division or merger of the real estate,

d) excerpt from an updated spatial development plan, and in case of its absence– from an elaborated study;

3)   statement by the seller of the property expressing their will to sell the real estate to the foreigner, and in case of a purchase of real estate as a result of a merger (division) of companies – agreed merger (division) plan, together with drafts of resolutions on the merger (division) and draft articles or statutes of the acquiring company, the separated or newly established company.

Can a foreigner obtain the right to reside in Poland if they purchase property for a sum exceeding a specific value?

An alien may apply for a temporary residence card if they prove that there are other (than those specified in the Act) critical circumstances justifying their application for a permit and that these circumstances warrant the alien’s need to reside on the Polish territory for a period longer than three months. Accordingly, the application for a residence permit for a fixed period can be explained by the fact that a person owns a property in Poland, lives in Poland and has tied their life to this country. Please note that the voivodship office can always demand the presentation of additional documents proving the close ties with Poland. The final decision on permit issuance is made by the voivode, who assesses whether the ownership of real estate by a foreigner is a sufficient basis to grant them a residence permit.

You can buy a car in Poland - there are no restrictions on foreign car purchases. You also present your son with the vehicle. In Poland, all donations for closest family members, regardless of the value of their object, are exempt from tax.

The matter is processed in the city (district) office.

Required documents are as follows:
 

- owner application for registration of the vehicle;

- proof of identity of the foreigner: an alien should be residing in Poland legally and must present a valid passport and proof of temporary residence (certificate of temporary residence address) in Poland (for inspection);

- proof of ownership of the vehicle (proof of ownership is, in particular, one of the following: sales contract, contract of exchange, donation agreement, annuity contract,  VAT invoice, final court decision settling the matter of the vehicle ownership);

- vehicle history card, if it was issued;

- excerpt from the certificate of approval of the vehicle type or a copy of a decision exempting the vehicle from the approval.

 - proof of payment (including the identification characteristics of the vehicle: VIN or car body, chassis or frame numbers) of the amount of 500 PLN for each vehicle imported into Polish territory or a statement of being subject to obligation to secure cooperation with a network of car dismantling and salvage companies if the vehicle is being registered for the first time; it should be borne in mind that:

- statement of being subject to an obligation to secure cooperation with a network of car dismantling and salvage companies is issued only by the vehicle importer;

- the said declaration may be made on the invoice.

- proof of payment of stamp duty for the power of attorney if it has been established.

In the case of a vehicle imported from the territory of an EU member state, should also be attached one of the following documents confirming:

- payment of excise duty on the territory of the country from which the vehicle is imported;
or
- proof of exemption from payment of excise duty on the territory of the country from which the vehicle is imported;

- certificate stating the exemption from excise duty if the car was imported from the territory of an EU member state and is being registered for the first time;
- an invoice with the indicated amount of excise duty.

So that you know, the required accompanying documents should be submitted in original.

Documents written in a foreign language should be attached to the application and translated into Polish by a sworn translator. The provision does not apply to the registration certificate issued by the competent authority of a member state, the Swiss Confederation or a Member State of the European Free Trade Association (EFTA) - parties to the Agreement on the European Economic Area in the relevant scope containing codes used in this certificate.

The responsible unit: Bureau of Administration and Citizens’ Affairs of the City or Municipality Office.

Deadline for responses:

Without delay – in cases that do not require collecting evidence, information or additional clarifications.

Up to 1 month – cases requiring investigation.

Up to 2 months - particularly complicated cases.