Coronavirus outbreak – special solutions for foreigners
In connection with the current epidemiological situation, amendments to the law came into force [i] providing for, inter alia, special solutions for foreigners in Poland. The current regulations allow people who want to pursue their current purpose of stay or cannot leave Poland due to the spread of SARS-CoV-2 virus to stay legally in the country.
Until the end of the 30th day following the date of cancellation of the last state (state of epidemic emergency or state of epidemic), the following are extended:
legal stay of foreigners that would end during the period of state of epidemic emergency or state of epidemic,
periods of validity of foreigners’ residence cards and temporary certificates of identity
deadlines for submitting applications for legalisation of stay,
validity of already issued work permits, seasonal work permits and declarations of entrustment of work to a foreigner.
Moreover, the following deadlines will be postponed:
for foreigners to leave Poland,
of voluntary return specified in the decisions obliging the foreigner to return.
Extension of the legal stay of third-country nationals
Extension of legal stay of a foreigner staying in Poland on the basis of:
– temporary residence permit
– national visa
– Schengen visas, visa-free travel and other short-term residence titles [ii]
applies to situations in which the last day of legal stay will fall within the period of state of epidemic emergency or state of epidemic. It is therefore be the period from 14 March 2020, when the state of epidemic emergency 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 one of the above-mentioned states, whichever was in force last.
In the case of foreigners residing in Poland on the basis of short-term residence titles (including Schengen visas, visa-free travel regime), recognition of stay as legal will apply only to persons who on 14 March 2020 were staying in the country on the basis of such titles. However, it does not apply to persons who entered Poland later – in such a situation, the foreigner may take advantage of conditional legal stay and submit an application for residence permit before the postponed deadline.
Extending the legality of your stay will not involve placing a new visa sticker on the foreigner’s travel document, issuing a new residence card or other documents. It will not require submitting any applications.
The foreigners will be able to pursue they current purpose of stay in Poland, e.g. the performance of work. This results from the fact that work permits and seasonal work permits have been extended, as well as the allowed period of work based on the declaration of entrusting work to a foreigner. Foreigners will also be able to leave Poland without the risk of entering into an illegal stay.
Extending by law the periods of validity of foreigners’ residence cards and temporary certificates of identity
The new regulations provide for the extension by law of the periods of validity of the foreigners’ residence cards and temporary certificates of identity (known in Poland as TZTC – documents issued to foreigners applying for international protection) if their end would fall during the period of state of epidemic emergency or state of epidemic. The period of validity of these documents will be extended until the end of the 30th day following the date of cancellation of the last of the two above-mentioned states that was in force.
This solution is important due to the temporary suspension of direct customer service by voivodeship offices and the Office for Foreigners due to the outbreak of the coronavirus. It will allow foreigners to use these documents until it becomes possible to issue new ones.
Extension of deadlines for submitting applications
The act introduces the extension of deadlines for submitting applications for residence permits, to extend visas and to extend the stay under visa-free travel, if the deadline would fall within the period of state of epidemic emergency or state of epidemic. As before, these applications may be submitted to voivodship offices up to the 30th day following the date of cancellation of the last of the above-mentioned states that was in force.
The above solution applies to foreigners who would like to apply for:
temporary, permanent or long-term EU resident permit,
extension of a national visa (symbol D) or a Schengen visa (symbol C),
citizens of Brazil, Argentina, Chile, Honduras, Costa Rica, Nicaragua, Singapore and Uruguay – extension of the period of visa-free travel (only the visa waiver agreements with these particular countries provide for this possibility).
Extension of time limits for leaving the territory of Poland
The act extends by law the time limits for leaving the territory of Poland under Article 299 para. 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 during the period of state of epidemic emergency or state of epidemic. Their extension will last until the end of the 30th day following the date of cancellation of the last of the above-mentioned states that was in force.
Extension of the periods of voluntary return specified in the decisions obliging the foreigner to return
It has been decided that the deadline for voluntary return specified in the decision obliging a foreigner to return, the end of which would fall during the period of state of epidemic emergency or state of epidemic, is postponed by law. As in the case of the 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 cancelation of the last state.
Citizens of EU countries, countries of the European Free Trade Agreement (EFTA), the Swiss Confederation and their family members
The introduction of the state of epidemic emergency in Poland, followed by the state of epidemic, does not affect in any way the residence rights of citizens of European Union Member States, countries of the European Free Trade Agreement (EFTA), the Swiss Confederation and family members staying with them. These rights are not dependent on having any permits or documents.
Until the end of 2020, in the “transitional period”, citizens of the United Kingdom of Great Britain and Northern Ireland are treated as EU citizens and their family members are treated as family members of EU citizens.
Information obligations towards parties to proceedings
During the period of state of epidemic emergency and state of epidemic, the provisions on the inactivity of authorities and the obligation of the authority to notify a party or a participant of proceedings about their matter not being settled within the deadline shall not apply. This means that in pending proceedings regarding the legalisation of stay and international protection, the parties to the proceedings do not have to be notified by a separate letter about a change in the deadline.