Straż Graniczna Komenda Główna Straży Granicznej Outbreak of coronavirus - rules of entry and stay on the territory of the Republic of Poland - COVID Epidemia koronawirusa – szczególne zasady wjazdu i pobytu na terytorium RP -

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COVID Epidemia koronawirusa – szczególne zasady wjazdu i pobytu na terytorium RP

Outbreak of coronavirus - rules of entry and stay on the territory of the Republic of Poland

28.10.2020

Since June 13, 2020, there are no border controls at the internal borders with the Republic of Poland. This also means abolishing the quarantine obligation. The border can be crossed at any place both in the entry and exit direction from Poland. The restrictions, including restrictions on the entry of foreigners into Poland and quarantine, still apply at the external border.

Conditions of entry into Poland

At present, the external border in the direction of entry to Poland in accordance with the § 3 section 2 of the Regulation of the Minister of the Interior and Administration of 13 March 2020 on the temporary suspension or restriction of border traffic at specific border crossing points may only be crossed by the defined categories of travellers:

  • citizens of the Republic of Poland,
  • foreigners who are spouses of Polish citizens or remain under constant care,
  • foreigners holding the Card of the Pole,
  • members of diplomatic missions, consular posts and representatives of international organizations and members of their families, as well as by other persons crossing the border on the basis of a diplomatic passport;
  • foreigners having the right of permanent or temporary residence on the territory of the Republic of Poland, i.e.:
  • persons holding a residence card issued for the purpose:
    • temporary residence permit,
    • a permanent residence permit,
    • long-term resident's EU residence permit,
    • a permit to stay for humanitarian reasons,
    • refugee status,
    • granting subsidiary protection,
  • about the people who have:
    • a certificate of registering the residence of an EU citizen,
    • the right of permanent residence of an EU citizen,
    • permission to stay as a family member of an EU citizen,
    • permission for permanent residence of a family member of an EU citizen;
  • foreigners who have the right to work in the territory of the Republic of Poland and who simultaneously perform/are performing work in the territory of the Republic of Poland or during border control present documents which indicate that their work start immediately after crossing the border.

Persons belonging to this category of persons should present during border control documents confirming that the foreigner currently has access to the national labour market and currently benefiting from this access, i. e. he/she works in Poland or does business in our country. Depending on the category of foreigner, these will be the following types of documents:

Foreigners during the border control can provide electronic version, print or scan of original documents such as certificate of entry in the register on seasonal work or statement on entrusting work to a foreigner on the territory of the Republic of Poland

Right to enter to the Republic of Poland of foreigners entitled to perform work also concern the  travellers crossing the border before the day the work should start (indicated in the work permit) in connection with obliged to undergo a mandatory 10-days quarantine.

 

  • foreigners who operate a means of transport for the transport of persons or goods and their journey takes place as part of professional activities involving the transport of goods or transport of persons;
  • drivers engaged in carriage by road in the context of international road transport or international combined transport operations within the meaning of art. 4 points 2 and 14 of the Act of 6 September 2001 on road transport (Journal of Laws of 2019, item 2140 and of 2020, item 875) travelling in transit through the territory of the Republic of Poland by means of transport other than the vehicle by which road transport is carried out:
    • in order to take the rest referred to in Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulation (EEC) No 3821/85 and (EC) 2135/98, as well as repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.04.2006, p. 1, as amended 2)), in the territory of the country of stay,
    • after collecting the rest referred to in the Regulation mentioned above, and after a break in the performance of work in the circumstances indicated in art. 31 section 1 of the Act of 16 April 2004 on working time of drivers (Journal of Laws of 2019, item 1412);
  • nationals of Member States of the European Union and of the European Free Trade Agreement (EFTA) - Parties to the Agreement on the European Economic Area or the Swiss Confederation and their spouses and children;
  • foreigners holding a permanent residence permit or a long-term resident's European Union residence permit, on the territory of other Member States of the European Union, a Member State of the European Free Trade Agreement (EFTA) - Parties to the Agreement on the European Economic Area or the Swiss Confederation and their spouses and children, in order to travel through the territory of the Republic of Poland, to their place of residence or stay;
  • students studying in the Republic of Poland, after having been documented to a Border Guard oficer that they are learning in the Republic of Poland and their guardians who crossing the border together with students in order to enable them to study
  • accordance with the provisions of the Act of 14 December 2016 on the Educational Law, the status of a student (listener - as in accordance with Article 4 point 20 - a student is also
    a listener and pupil) is owned by persons studying on the territory of the Republic of Poland in public or non-public schools:

- primary and secondary schools for children and youth (i. e. eight-year primary school or post-primary school - i. e. four-year general secondary school, five-year technical school, three-year vocational school, three-year special school for work preparation),

- second-level vocational schools and post-secondary schools (i. e. a two-year industry school of II degree, post-secondary school for persons with secondary education or industry secondary education of no more than 2.5 years)

- for adults (primary school and general secondary school, where a separate education organisation applies and to which adults are admitted).

 

 

  • students, participants in post-graduate studies, specialist education and other forms of education, as well as doctoral students studying in the Republic of Poland, after having documented their education in the Republic of Poland to a Border Guard officer.

Participants of specialist education are those of colleges in which specialist education lasts no less than 3 semesters and allows to obtain a full qualification at level 5. Polish Qualification Framework (at 5. the level of qualification shall be a diploma of graduation from a teacher's college, a diploma of graduation from a teacher's college of foreign languages, a diploma of graduation from a college of social workers).

Persons who do not meet at least one of the above conditions do not currently have the right to enter the territory of the Republic of Poland.

In particularly justified cases (mainly due to humanitarian reasons), the commanding officer of the Border Guard Post, after obtaining the consent of the Commander-in-Chief of the Border Guard, may allow foreigners who do not meet the entry requirements set out in the Regulation of the Minister of Internal Affairs and Administration of March 13, 2020 on temporary suspension or restriction of border traffic at specific border crossing points, to enter the territory of the Republic of Poland.

The decision on permitting entry is made each time by the commanding officer of the Border Guard Post during the border check, after the necessary control and verification activities have been carried out, in particular after verification of the documentation submitted by the foreigner.

This means that a foreigner cannot apply for such a permit earlier.

Special solutions for foreigners

- Extension of stay under visa-free regime, on the basis of visas and residence permits issued by other Schengen States

 

The provisions of the Act of March 2, 2020 on special arrangements for preventing, counteracting and combating COVID -19, other infectious diseases and crisis situations caused by them, introduced a number of special legal solutions aimed, inter alia, to sort out problems related to, among others with the legality of foreigners’ residence on the territory of the Republic of Poland after the declaration of the state of epidemic emergency. These solutions include:

  • extension by law of the periods of validity of temporary residence permits expiring during the period of state of epidemic emergency or state of epidemic  – until the end of the 30th day following the date of cancellation of one of the above-mentioned states, whichever was in force last (art. 15zd section 3 of the Special Act); holders of national visas retain the right to cross the state border and stay in the territory of the Republic of Poland during the period when the state of emergency or state of epidemic is in force, as well as for a period of 30 days after the last state is recalled;
  • extension by law of periods of stay and periods of validity of national visas in cases where the last day of the period of stay on the basis of such visas would fall within the period of state of epidemic emergency or state of epidemic  – until the end of the 30th day following the date of cancellation of one of the above-mentioned states, whichever was in force last (Article 15zd section 1 of the Special Act);
  • recognition as legal by law the residence of foreigners on the territory of the Republic of Poland in cases where, on the day from which the state of epidemic emergency was announced in connection with SARS-CoV-2 virus infections was first declared, they were staying on that territory on the basis of short-term residence titles , i.e.:
  1. under the visa-free regime,
  2. on the basis of Schengen visas issued by Polish authorities,
  3. Schengen visas or long-term visas issued by other Schengen states,
  4. residence permits issued by other Schengen states,
  5. long-term visas or residence permits issued by Member States of the European Union which are not countries of the Schengen areas (when, according to the law of the European Union, such visas or documents entitle to stay in the territory of the Republic of Poland,

-  from the day following the last day of legal residence resulting of these titles until the expiry of the 30th day following the date of cancellation of the state of epidemic emergency or state of epidemic, whichever was in force last (Article 15z1 section 1 of the Special Act).

The above provision (Article 15z1) has effect only with the respect to the abovementioned documents the holders of which were on the territory of the Republic of Poland on the day on which the first declaration of the state of epidemic emergency was announced connected with SARS-CiV-2 virus infection and is not tantamount to the prolongation of any of the above-mentioned visas or documents or extension of authorised stay under visa-free regime.

The use of this legal basis for stay in the territory is in no way conditional on the submission of any applications, issuing permits or documents, and no administrative decision is issued for this effect to occur. There is no need to obtain a visa extension under the provisions of the Act on Foreigners.

- Extension of stay on the basis of a declaration of employment, work permit, residence cards and other

  • extension by law of the periods of validity of work permits and seasonal work permits, as well as periods of permitted work on the basis of declarations of entrusting work to a foreigner, entered in the register of declarations – until the end of the 30th day following the date of cancellation of one of the states, whichever was in force last (Article 15zzq of the Special Act);
  • enabling changes in the conditions of work performed by foreigners specified in work permits, seasonal work permits, declarations on entrusting work to a foreigner, entered in the register of declarations, temporary residence and work permits, temporary residence permits for the purpose of performing work in a profession requiring high qualifications, temporary residence permits for the purpose of work under an intra-corporate transfer or temporary residence permits for the long-term mobility of a managerial staff member, specialist or trainee employee, as part of an intra-corporate transfer, as well as in the documents attached to the notice of intention to use from the short-term mobility of a managerial staff member, specialist or trainee employee, within the framework of an intra-corporate transfer - if this change is a result of the entity which entrusts the work (or the host entity with its registered office in the territory of the Republic of Poland) with individual powers aimed at protecting jobs in crisis conditions and preventing the spread of SARS-CoV-2 virus, regulated in art. 3, art. 15g section 8, art. 15x section 1 and art. 15zf section 1 of the Special Act (Article 15z5 of the Special Act);
  • providing access to seasonal work within the meaning of art. 88 section 2 of the Act of 20 April 2004 on employment promotion and labour market institutions (Journal of Laws of 2019, item 1482, as amended) for foreigners who in the period following March 13, 2020 had access to the Polish labour market on the basis of a work permit, seasonal work permit, prolongation of the work permit, prolongation of the seasonal work permit or statement on entrusting work to a foreigner, entered in the register of statements - in the period of state of epidemic emergency or state of epidemic and in the period of 30 days immediately following the cancellation of the last of the states;
  • extension by law of the periods of validity of residence cards falling within the period of state of epidemic emergency or state of epidemic - until the end of the 30th day following the date of cancellation of one of the states, whichever was in force last (Article 15z2 section 1 of the Special Act); a foreigner is entitled to use the document they hold as valid despite the expiry date specified therein. This means that holders of such documents retain the right to cross the state border;
  • extension by law of the periods of validity of Polish foreigner's identity documents and documents confirming the possession of a permit for tolerated stay (tolerated stay permit) until the end of the 30th day following the date of cancellation of one of the states, whichever was in force last (Article 15z6 sections 3 and 5 of the Special Act);
  • extension by law of the periods of validity of documents issued for a limited period of time issued to citizens of the Member States of the European Union and of the European Free Trade Association (EFTA) - Parties to the contract on the European Economic Area or the Swiss Confederation and their family members who are with them or who join them, i.e. documents confirming the right of permanent residence, residence cards of an EU citizen's family member and permanent residence cards of an EU citizen's family member, falling within the period of state of epidemic emergency or state of epidemic - until the end of the 30th day following the date of cancellation of one of the states, whichever was in force last (Article 15z6 section 1 of the Special Act);
  • extension by law of the deadlines for submitting an application for a temporary residence permit, permanent residence permit, long-term resident's EU residence permit, for visa extension or for extension of stay as part of visa-free regime falling within the period of state of epidemic emergency or state of epidemic - until the end of the 30th day following the date of cancellation of one of the states, whichever was in force last (Article 15z of the Special Act);
  • extension by law of the dates of leaving the territory of the Republic of Poland resulting from art. 299 section 6 of the Act of December 12, 2013 on Foreigners (Journal of Laws of 2020, item 35) falling within the period of state of epidemic emergency or state of epidemic - until the end of the 30th day following the date of cancellation of one of the states, whichever was in force last (Article 15zza of the Special Act);
  • extension by law of the periods of voluntary return defined in the decisions on imposing the return obligation, falling within the period of state of epidemic emergency or state of epidemic - until the end of the 30th day following the date of cancellation of one of the states, whichever was in force last (art. 15zzzb of the Special Act);
  • extension by law of the periods of validity of temporary foreigner's identity certificates (known as TZTC) falling within the period of state of epidemic emergency or state of epidemic - until the end of the 30th day following the date of cancellation of one of the states, whichever was in force last (Article 15z3 section 1 of the Special Act).

Who is released from quarantine after crossing the EU external border?

The quarantine obligation does not apply when crossing the border of the Republic of Poland as part of performing professional activities by:

  • aircrafts crews
  • fishermen within the meaning of the article 2 point 9 of the Act of 11 September 2019 on work on board a fishing vessel (Dz.U. pos. 2197) or seafarers within the meaning of the article 2 point 3 of the Act of 5 August 2015 on worka at sea (Dz.U of 2020 pos.1353), including seafarers employed under the conditions laid down in article 46 or 108 of the Act on worka at sea, and also:

    a) seafarers and fishermen travelling to the port for employment purposes (work onboard a ship) and to their place of residance or stay after the completion employment, even they are travelling by different means of transport – also through the territory of the Republic of Poland

    b)persons working on a ship or offshore platform on the basis of documents different than sailor’s employment contract  

  • persons performing work or providing services on ships or offshore mining and drilling platforms
  • persons performing works in the Republic of Poland or a neighbouring country related  to  the preparation or implementation of investments in the field of terminal or accompanying investments in the scope of the terminal within the meaning of the Act on investments in the regasification terminal of liquefied natural gas in Świnoujście, strategic investments in the field of transmission networks within the meaning of the Act on the preparation and implementation of strategic investments in the field of transmission networks or strategic investments in the oil sector within the meaning of the Act on the preparation and implementation of strategic investments in the oil sector
  • drivers performing road transport as part of international road transport or international combined transport within the meaning of the Act on road transport https://www.gov.pl/web/infrastruktura/zasady-przewozu-osob-w-publicznym-transporcie-zbiorowym-oraz-zwolnienia-z-obowiazku-kwarantanny-kierowcow-zawodowych-w-transporcie-miedzynarodowym
  • the train crew and other employees necessary to perform freight transport services under international rail transport, performing professional activities in the Republic of Poland or
    a neighbouring country, on the basis of a list constituting a list of these persons forwarded by the carrier
  • drivers performing road transport with motor vehicles or combinations of vehicles with
    a maximum permissible weight not exceeding 3.5 tonnes in road transport of goods and non-profit road transport of goods;
  • drivers performing road transport by road with vehicles designed for transport over 7 and no more than 9 people including a driver in commercial international road transport of persons.
  • Persons performing medical profession within the meaning of the article 2 section 1 point 2 of the Act of 15 April 2011 on medical activity (Journal of Laws of 2020, item 295, 567 i 1493) who have obtained qualifications for the pursuit of that proffesion outside the territory of the Republic of Poland and they are crossing the border in order to provide of health care services on the polish territory.

    Those people should present  during border control documents confirming that they provide health care services on the territory of the Republic of Poland (certificate issued by the operator of the treatment activity or decision of Minister for health who gave permission for practice of a medical proffesion on the polish territory)

Moreover, the quarantine obligation does not apply when crossing the border of the Republic of Poland:

persons participating as an athlete, member of a training staff, doctor, physiotherapist or judge in international sports competitions organised on the territory of the Republic of Poland by an international sports federation active in Olympic or Paralympic sports or other sports recognised by the International Olympic Committee, or organised by an international continental sports organisation belonging to such federation or a Polish sports association, as well as accredited journalists.

 

Residence of EU/EEA/Switzerland citizens and the coronavirus epidemic

 

EU/EEA/Switzerland nationals and their family members who are not EU/EEA/Switzerland nationals may reside in Poland for up to 3 months without fulfilling any residence conditions other than holding a valid travel document. An EU/EEA/Switzerland citizen may hold another valid document proving his identity and nationality. Their family members who are not EU/EEA/Switzerland nationals should have a visa to enter Poland unless they are exempt from this requirement.

Residence of more than 3 months

A citizen of the EU/EEA/Switzerland is entitled to stay for more than 3 months if he fulfils one of the following conditions:

  1. is an employee or self-employed person on the territory of Poland;
  2. has sufficient financial resources to support itself and its family members on the territory of Poland so as not to be a burden on social assistance and adequate health insurance;
  3. studies or receives vocational training in Poland and has sufficient financial resources to support himself and his family members on the territory of Poland so as not to be a burden on social assistance and has adequate health insurance;
  4. is the spouse of a Polish citizen.

If the stay in Poland lasts longer than 3 months, the EU/EEA/Switzerland citizen and his/her family member must register their stay. However, a family member who is not an EU/EEA/Switzerland citizen is obliged to obtain a residence card for the EU citizen's family member. These formalities can be carried out in the voivodship office competent for the place of residence of a given person. The application shall be submitted in person, not later than on the day following the expiry of 3 months from the date of entry into the territory of Poland.

The provincial offices have suspended direct customer service. Therefore, at present it is not possible to register the residence, obtain a certificate of registration of the residence of an EU citizen, issue a residence card of an EU citizen's family member, as well as documents confirming the right of permanent residence on the territory of Poland.

It should be pointed, however, that the residence rights of EU/EEA/Switzerland citizens and their family members exercising their freedom of movement on the territory of Poland are granted by law if the conditions of the right of residence are met. They do not depend on registration of residence or obtaining a residence permit.

Extension by law of the periods of validity of issued documents

The current legislation provides for the legal extension of the following documents issued to EU/EEA/Switzerland nationals and their family members who reside with or join them:

In the same way as the other anti-crisis solutions concerning the legal extension of validity periods of documents, if the end of the validity period of one of the above mentioned documents is not valid, the validity period of the documents will be extended by law. documents will fall within the period of an emergency or epidemic condition, it will be extended until the 30th day following the date of cancellation of that condition (emergency or epidemic), which will be last in force. At the same time, this extension will not create a basis for the exchange or issuance of a new document.

Certificates of registration of residence of EU citizens as documents of unlimited duration are not covered by this regulation.

It follows from the above that EU/EEA/Switzerland nationals or their family members in one or more of the following situations will be admitted to border control under the current rules:

  1. EU/EEA/Switzerland nationals holding a certificate of registration of residence of an EU citizen or a document confirming the right of permanent residence of an EU citizen, issued by Polish authorities;
  2. family members of EU/EEA/Switzerland nationals holding a residence card for an EU citizen's family member or a permanent residence card for an EU citizen's family member, issued by the Polish authorities;
  3. EU/EEA/Switzerland citizens or their family members who are spouses of Polish citizens or children of Polish citizens or children in the permanent care of Polish citizens;
  4. EU/EEA/Switzerland nationals or their family members holding a Card of the Pole;
  5. EU/EEA/Switzerland nationals or members of their families who are heads of diplomatic missions or members of the diplomatic and consular staff of the mission;
  6. EU/EEA/Switzerland nationals or their family members working in the territory of Poland or holding documents showing that they will start working immediately after entering the territory of Poland;
  7. EU/EEA/Switzerland citizens or their family members who are pupils or students studying in the Republic of Poland;
  8. EU/EEA/Switzerland nationals and their spouses and children in order to transit through the territory of the Republic of Poland to their place of residence or stay.

 

Citizens of the United Kingdom and their family members

Citizens of the United Kingdom and their family members Citizens of the United Kingdom of Great Britain and Northern Ireland until the end of 2020 in the so-called transitional period, they are treated as EU citizens and their family members as members of EU citizens.

 

 

RESTRICTIONS AND PROHIBITIONS IN INTERNATIONAL AIR TRAFFIC

We kindly inform that in Journal of Laws of november 24, 2020, item 2069 has been published list of countries from which air traffic is prohibited to the territory Republic of Poland.

 

The above restictions apply from 25.11.2020 to 8.12.2020

 

Prohibition of international flights from civil airports located on the territory:

1) Bosnia and Herzegovina;

2) Montenegro;

3) Georgia;

4) the Hashemite Kingdom of Jordan;

5) the Republic of Armenia;

6) the Republic of Kosova;

7) the Republic of North Macedonia;

8) the Republic of Serbia;

9) the United States of America except for airports in the states of Illinois and New York

 

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