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Stay Legalization

  • EXTENSION OF VALIDITY OF POLISH VISA
    Who can apply for visa extension?
    SCHENGEN VISA

    Governor is obliged to extend a visa in case when return to the country whose foreigner is citizen is impossible because of circumstances independent of the foreigner will (force majeure) or  humanitarian considerations.
    In this case extension of visa is free of a stamp duty.

    Governor can (but is not obliged) extend a visa when it is necessary because of vital interest of a foreigner.
    In this case visa extension cost is 30 EURO.

    (Course of Euro which is applied by voivodship office is a course of exchange announced by National Polish Bank on the website: http://www.nbp.pl/ . In a certain cases you should check the course of Euro for a last business day preceding a day of filing an application for extension of validity of the visa.)

    NATIONAL VISA

    National visa can be extend in case when all of following conditions are met:
    • 1. Extension of validity of visa is supported by vital, personal or professional interest of a foreigner or by humanitarian considerations.
    • 2. Events occured independently of  the will of  a foreigner and could not be predicted by a foreigner in the day of filing application for a visa
    • 3. There are no circumstances which indicate, that the purpose of  foreigner stay in Poland  will be other that declared.
    • 4. There are no circumstances which cause denial of a extension of validity of visa.

    Stamp duty cost of extension of national visa is 406 PLN

    Extension of visa (Schengen or national) is possible Only Once Time.

    Decision shall be issued in term no longer than 3 days from a day of filing application. Governor is obliged to issue a decision before a day on which validity of visa is ending which means that the last day for filing an application is 3 days before day when visa expires.
  • Residence permit for a fixed period

    • Pursuant to the Act on Aliens a foreigner can apply for the residence permit for a fixed period in Poland if he/she proves that circumstances which occured justyfing stay in Poland longer than 3 months. Obtaining the residence permit for a fixed period is related to receiving a residence card (usually for a period of a year). It is a measurable benefit for a foreigner, because during a period of the validity of the residence card, along with a passport, it enables multiple crossing of Polish boarder without necessity of applying for a visa. It is also makes possible traveling freely within the territory of Poland.

    Circumstances which allow a foreigner to apply for the permit mentioned above:

    • 1. Marriage to the Polish citizen;
    • 2. Working in Poland;
    • 3. Running a business in Poland;
    • 4. Studies , training, internship etc.;
    • 5. Reunion with a family which stays legally in Poland;
    • 6. Artistic activities
    • 7. Other

    Terms of filing a application for the residence permit for a fixed period:

    A foreigner should file an application at least 45 days before expiration of validity of the visa.
  • Who can apply for the settlement permit?

    • 1. Minor child of a foreigner born in a territory of Poland in case when a parent of this child lives in Poland on a basis of settlement permit;
    • 2. Foreigner married to the  polish citizen for at least 3 years who is staying in the territory of Poland constantly* for at least 2 years;
    • 3. Child under parental authority of polish citizen.

    Right to apply for a settlement permit is granted also to foreigners with refugee status, subsidiary protection or permit for tolerated stay in territory of Poland.

    Foreigners with granted refugee status or subsidiary protection should stay in Poland uncessantly* for at least 5 years directly before filing an application.
    Foreigners who stays in Poland with granted permit for tolerated stay should stay in Poland uncessantly* for at least 10 years directly before filing an application.

    For time required for applying for settlement for foreigner with granted refugee status or subsidiary protection or permit for tolerated stay adds up time of proceeding for granting a refugee status, even if foreigner is placed at guarded center or in custody in aim of  deportation.

    Validity of settlement permit

    Settlement permit is issued for indefinite period of time.

    Foreigner who stays in Poland with settlement permit is obtaining a residence card. Resident card needs to be exchange every 10 years (Exchanging of a residence card is not equal to initiation of the new proceeding)

    Settlement permit expires when a foreigner obtains a residence permit for EC long-term resident.

    For what entitles settlement permit?

    Residence card, which foreigner is obtaining according to settlement permit is a document which allows to travel and stay within the territory of Schengen states. Foreigner is not obliged to apply for a visa if the period of his stay is no longer than 3 months and the certain conditions are met.

    Moreover, a foreigner with granted settlement permit doesn't have to apply for work permit if he/she want to perform a work in the territory of Poland.

    Duration of a proceeding

    Proceeding in case of settlement permit should not takes longer than 3 months from a day of filing an application by a foreigner. The appeal proceeding should not takes longer than 2 months.
    ATTENTION: An application for a settlement permit should be file during a legal stay of a foreigner in the territory of Poland.
    *Uninterrupted stay – Foreigner should stay in the territory of Poland continously in every case when a certain period of time is mentioned in a statement.
    Uninterrupted stay means that a foreigner should not stay outside of Poland more than 6 months during a year and a total period of time spent outside of Poland  should not takes more than 10 months.

    The time which is not included to above terms:

    • 1. Period of time during which foreigner stayed abroad according to performance of  professional duties or performance of work  under a contract with an employer located in Poland.
    • 2. Period of time during which a foreigner accompanied his/her spouse who stayed abroad according to performance of professional duties or performance a work under a contract with an employer located in Poland.
    • 3. Period of time during which foreigner stayed abroad to receive a treatment.
  • Who can apply for a residence permit for long-term resident?

    Foreigner who stayed in the territory of Poland directy before filing an application for at least 5 years incessantly*. A foreigner should have regular and stable source of income.

    Time during which a foreigner was a student of full-time studies or he/she continues studies or participate in professional training is treated like half of the time which actually passed.

    For what entitle residence permit for EC long-term resident

    Foreigner with granted residence permit for long-term resident doesn't have to apply for a work permit, if he/she wants to perform a work in Poland. He/She can travel within Schengen states for a time no longer than 3 months if the certain conditions are met.

    When a foreigner should apply for residence permit for EC long-term resident?

    Foreigner should file an application 3 months before the end of stay specified in a document which entitles a foreigner to stay in the territory of Poland.
    *Uninterrupted stay – Foreigner should stay in the territory of Poland continously in every case when a certain period of time is mentioned in a statement.
    Uninterrupted stay means that a foreigner should not stay outside of Poland more than 6 months during a year and a total period of time spent outside of Poland  should not takes more than 10 months.

    The time which is not included to above terms:

    • 1. Period of time during which foreigner stayed abroad according to performance of  professional duties or performance of work  under a contract with an employer located in Poland.
    • 2. Period of time during which a foreigner accompanied a his/her spouse who stayed abroad according to performance of professional duties or performance of a work under a contract with an employer located in Poland.
    • 3. Period of time during which foreigner stayed abroad to receive a treatment.
  • What is an invitation?

    Invitation is a document which a foreigner can submit as a confirmation of possesing sufficent means of subsistence for a lenght of intended stay and return to the country of residence or transit to third country which will issue a permission to enter.

    Who can issue an invitation for a foreigner?

    • 1. Polish citizens living in the territory of Poland;
    • 2. Citizens of member states of the European Union, the European Free Trade Association (EFTA) – parties to the Agreement on the European Economic Area or the Swiss Confederation.
    • 3. Members of a family of a citizen of a member states of the European Union, the European Free Trade Association (EFTA) – parties to the Agreement on the European Economic Area or the Swiss Confederation who live in the territory of Poland and who have right to stay or right of permanent stay.
    • 4. Foreigners who live in the territory of Poland 5 years directly before filing an application and this stay is uninterrupted or a foreigner who possessing settlement permit or residence permit for long-time resident.
    • 5. Legal persons or non-corporate bodies with registered office in Poland.

    Time of validity of intitation

    Invitation is valid for a period of one year from a time it is entered in the register.

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