Every day, dozens of foreigners turn to migrant counselling centres in Poland with numerous questions about legalization in Poland. We collected the most popular ones and published them along with the answers.
What is the right way to count the days used during the visa-free stay?
Visa-free stay in Poland is short-term and amounts to no more than 90 out of 180 days. In practice, it looks like this: border guards count the days of your stay for the last 180 days. If you have had 90 days between trips to the Schengen countries, you do not need to count 180 days – after this break you are again entitled to stay in the Schengen area for 90 days. It should be remembered: when calculating the previous days of short stay, all days of stay on the basis of a C visa, D visa and residence permit are taken into account if you have been to a different Schengen country than the one in which the documents were issued.
Is it possible to stay in Poland without compulsory travel to a country of origin on a visa-free stay with a biometric passport after the expiration of the Polish type D visa?
Yes. If the Polish entry document was a Polish national type D visa, and if you have a biometric passport, you can extend your stay in Poland under the visa-free regime, provided that you have not yet used the limit of permitted days.
Is it possible to travel if the legalization procedure in Poland is not over (the map is used), but the passport is stamped?
According to Art. 108 Aliens Act of December 12, 2013, a foreigner's stay in Poland is considered legal from the date of application for residence. Confirmation of the provision of a set of documents is a stamp, which is put in the travel document (passport). If you have a valid visa or residence permit or biometric passport and unused visa-free days after filing your documents, you can travel. If the reasons for staying in Poland mentioned above are no longer valid, you can safely stay in the country awaiting a decision to issue a card. Moreover, the seal gives you the right to return safely to your country of origin until the legalization procedure is complete. However, the stamp does not give you the right to cross the Schengen border, that is, you can enter Poland back only after obtaining a visa.
Is it possible to change the place of work and employer in the process of legalization in Poland?
Yes of course. If your goal of staying in Poland is to work, but you want to change employers, and the legalization process is not yet complete, you can do so. It is necessary to write an application for a change of employer, to collect all the necessary documents from the new employer and to transfer them to the appropriate governor's office. I.e. you have to bring a new package of documents that applies to the new place of work.
What if you want to change your employer after receiving a residence permit?
The decision to provide a card to the employee's job includes data about the employer, indicates what kind of work the foreigner will do, the amount of work and the size of the salary. In this case, when you change your employer, you are required to apply for a card again. What's more, if you lose your job, you have 15 days to notify your local job, and 30 days to find a new job. During this time you must not only find a new employer, but also collect a new package of documents for legalization in Poland. Failure to do so may adversely affect subsequent attempts to obtain a card. If a foreigner has obtained a residence permit for which you do not need a work permit, you can change the employer as much as you want without notifying the person and replacement of the card.