Legalization of the stay during Coronavirus: In connection with the current epidemiological situation, the Govt.  of the Republic of Poland adopted an act on March 28, 2020 provides, 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 the SARS-CoV-2 virus to stay legally in the country. The bill was forwarded to the Senate of the Republic of Poland, which will consider it at today’s meeting. So the legalization of the stay during Corona virus won’t be a problem.

Until the end of the 30th day following the date of cancellation of the last condition (epidemic emergency status or epidemic status), 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 epidemic emergency or epidemic status,

-deadline for submitting applications for the legalization of stay,

-validity of work permits already issued, seasonal work permits and declarations of entrustment of work to a foreigner.

In addition, the dates will be moved:

for foreigners to leave Poland,

voluntary return specified in the decisions obliging the foreigner to return.

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 on the duration of the epidemic emergency or epidemic status. Therefore, it will be the period from March 14, 2020, when the state of epidemic threat 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 this state, which was in force last.

Important

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 within the territory of other Schengen countries on the basis of such an extended stay. However, he will be able to pursue his current purpose of stay in Poland, e.g. 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. He will also be able to leave Poland without the risk of entering an illegal stay.

Extension of deadlines for submitting applications

The Act provides for the extension of the deadlines for submission of applications for residence permits, the extension of visas and extension of stay as part of visa-free travel, if this date would occur during the period of epidemic emergency or epidemic status. As before, these applications may be submitted to voivodeship offices up to the 30th day following the date of cancellation of the state which will be in force last. A foreigner’s stay in Poland during this period will be considered legal provided that he/she submits an application for the legalization of stay in an extended period.

The above solution will apply to foreigners who would like to apply for:

granting a temporary, permanent or long-term EU resident permit,

extension of a national visa (Category D) or a Schengen visa (Category C),

extension of the visa-free travel period – this only applies to citizens of Brazil, Argentina, Chile, Honduras, Costa Rica, Nicaragua, Singapore and Uruguay, because visa waiver agreements only with these countries provide for this possibility.

Extension of dates for leaving the territory of Poland

The Act contains a solution constituting the basis for extending by law the time limits for leaving the territory of Poland resulting from art. 299 paragraph 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 out during the period of epidemic emergency or epidemic status. Their extension will take place until the end of the 30th day following the date of the cancellation of the last state 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, whose end would fall during the period of an epidemic emergency or epidemic status, is assumed by law. As in the case of 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 cancellation of the last state which was in force.

Citizens of EU countries, the European Free Trade Agreement (EFTA), the Swiss Confederation and their family members

The introduction of an epidemic emergency in Poland, followed by an epidemic, does not affect the residence rights of citizens of European Union Member States, the European Free Trade Association (EFTA), the Swiss Confederation and family members staying with them in any way. These rights are not dependent on having any permits or documents.

In the near future material on the website of the Office for Foreigners will appear in detail describing the solutions introduced on the basis of the Act amending the Act on special solutions related to the prevention, counteracting and combating COVID-19, other infectious diseases and crisis situations caused by them, as well as some other acts.

The Office will also inform about any subsequent changes in the legal status relevant to the stay of foreigners in Poland. We encourage you to follow further messages in the time of legalization of the stay during Coronavirus.

News Source: The Migration Bureau

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