Magdalena Piszczek
Expert in Legalization of Stay and Employment for Foreigners in Poland
Which permits do you need to legally stay in Poland?
Which documents allow non-EU foreigners to stay temporarily or permanently in Poland?
In Poland, the primary document presented by citizens of non-EU countries is a passport with a valid visa issued for a specific purpose. However, since 11 June 2017, citizens of countries including Ukraine and Georgia can travel visa-free within the EU, crossing the border with a biometric passport. Visa-free travel allows for short-term tourist stays. After obtaining the appropriate declaration, foreigners are also permitted to work. Visa-free stays cannot exceed 90 days within a 180-day period.
How to Extend a Visa-Free Stay
It is possible to extend a foreigner’s legal stay in Poland under the visa-free regime. During the procedure before the Voivode (regional governor) for a temporary residence and work permit, a permanent residence permit, or an EU long-term resident permit, provided that the application is complete, the foreigner receives a stamp in their passport. This stamp authorizes them to legally remain in Poland until a final decision is issued.
What if I applied for a temporary residence and work permit but my visa-free stay is about to expire?
Sometimes a foreigner arriving under the visa-free regime submits their application for a temporary residence and work permit on the last day of their legal stay. In such cases, they receive a stamp from the relevant Voivode, which allows them to remain legally in Poland for the duration of the procedure—even if the 90-day visa-free period has been exceeded. It is important to note that the foreigner may leave Poland, but a visa will be required for re-entry.
Types of Visas for Foreigners in Poland
Non-EEA (European Economic Area) foreigners may reside in Poland based on, among others, a Schengen C visa. This visa allows a stay of up to 90 days within a 180-day period, counted from the date of entry, similar to the visa-free regime.
Another type is the National D visa, a long-term visa permitting multiple entries and exits to and from Poland, with a maximum validity of 365 days. The exact number of days granted depends on the individual decision of the consul.
What is a Residence Card and how does it differ from a visa?
The Residence Card, together with a valid travel document, allows foreigners to cross borders freely without the need for a visa.
Who can apply for a Residence Card?
A Residence Card can be obtained by foreigners who hold:
- A temporary residence and work permit (valid for up to 3 years)
- A permanent residence permit (10 years)
- An EU long-term resident permit (5 years)
It is also issued to foreigners granted residence based on refugee status, subsidiary protection, humanitarian grounds, or tolerated stay.
Who is eligible under the Small Border Traffic regime?
For residents of the Lviv and Lutsk consular districts, it is possible to cross the border under a Small Border Traffic permit. This allows stays of up to 60 days per crossing, but no more than 90 days in total within any 6‑month period counted from the first border crossing. This document does not authorize employment in Poland.
Can I apply for a work permit regardless of my residence status?
Yes, all foreigners can apply, except seasonal workers arriving on a visa issued for seasonal work. Such workers cannot apply for a temporary residence permit with access to the labor market; they may only remain in Poland for the validity of their visa.
What is the Pole’s Card (Karta Polaka)?
The Pole’s Card is a document confirming affiliation with the Polish nation. It is not a document granting temporary or permanent residence, nor does it exempt the holder from visa requirements.
What rights does the Pole’s Card provide?
Holders of the Pole’s Card may work legally in Poland without obtaining a work permit. They may also run a business on the same terms as Polish citizens.
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Legal Basis
- Articles 37–48, Act of 12 December 2013 on Foreigners (Journal of Laws 2013, item 1650, as amended)
- Articles 58, 59(1–3), 60(1–2), 63, 64(1–4), 66(1–6), Act of 12 December 2013 on Foreigners
- Article 108(1), Act of 12 December 2013 on Foreigners
- Article 226(1), Act of 12 December 2013 on Foreigners
- Article 240, Act of 12 December 2013 on Foreigners
- Articles 2(1–3), 5, 6(1)(1–2), Act of 7 September 2007 on the Pole’s Card
- Regulation of the Minister of Interior on Visas for Foreigners, 7 February 2018
- Regulation of the Minister of Interior on Visa Extensions for Foreigners, 5 May 2014
- Regulation of the Minister of Interior on Visa Annulment and Revocation, 28 April 2014
- European Parliament and Council Regulation (EU) 2017/850, 17 May 2017