Contents
Arrival in Poland.
Stays longer than 3 months. Legalization of stay.
Granting of Polish nationality
Employment. Social security.
Purchase of real estate.
Medical care.
Students. Recognition of diplomas.
Driver's license.
Restrictions on the importation of goods by private individuals.
Emergencies.
Addresses of diplomatic missions of EU and EEA states in Poland.
1.ARRIVAlL IN POLAND
Regulations concerning the arrival and stay in Poland of EU citizens and
their family members will change from the day of accession of Poland to the
EU. The relevant Union regulations and the law of July 27 2002 on the terms
and conditions of entry and stay on Polish territory of citizens of EU
member states and members of their families (Journal of Laws No. 141 item
1180 , Journal of Laws No. 128 item 1175 of 2003) incorporating those
regulations, will come into force effective May 1 2004.
The above law will not only apply to EU citizens and their family members,
but also to citizens of states of the European Economic Area (Norway,
Iceland, Liechtenstein) which do not belong to the EU, but pursuant to
agreements with the EU enjoy free movement of persons and members of their
families (spouses, children below the age 21, being their legal wards,
direct relatives who are their dependants or share their household) .
In order to cross the border of the RP, a citizen of the EU needs a valid
travel document or another document certifying his/her identity and
citizenship.
Family members who are not a citizen of the Union will be able to enter the
territory of Poland on the basis of a valid travel documents and visas - if
required.
Denial of entry by EU citizens onto the territory of the RP will be possible
only in the event of need to protect order and public security, or in the
event of threat to the security and defense of the state. Prior to May 1
2004, the names of citizens to whom the above reservations do not apply will
be deleted from the lists of aliens whose stay on the territory of Poland is
deemed undesirable.
2. STAYS LONGER THAN THREE MONTHS. LEGALIZATION OF STAY.
Stays beyond three months' duration will require the obtainment of a
residence permit or temporary residence permit. This requirement will not
apply to persons who perform work or a free profession on the territory of
Poland, or conduct business activity here, provided they retain permanent
residence on the territory on another EU state, to which they return at
least once a week.
In consequence of the procedure of granting a residence permit or temporary
residence permit, a EU citizen will obtain a EU citizen's residence card,
while a family member who is not a Union citizen will obtain a document of
residence. The issuance of each such document will carry the charge of 30
PLN.
Decisions concerning residence permits and residence cards for EU citizens
and residence documents (also with regard to their prolongation and
revocation) will be issued by the voivode of the voivodship where the EU
citizens intends to reside. Appeals will be considered by the President of
the Office for Repatriation and Aliens.
A residence permit will be granted to a EU citizen on condition that he/she
:
intends to perform or performs work, a free profession or business activity
on the territory of the RP for a period exceeding 12 months, or
has health insurance and sufficient resources to cover his/her expenses
without needing social security support.
(A detailed elaboration of the premises for granting EU citizens residence
permits is contained in article 5 of the Law on the terms and conditions of
entry and stay on the territory of the RP of citizens of EU states and
members of their families).
Residence permits will be valid for five years with the possibility of
prolongation for further five-year periods. If a EU citizen staying on the
territory of the RP in connection with work performed here is - on the day
of applying for the first prolongation of his/her stay - without such work
not due to his/her fault, but not for a period exceeding 12 months, the
permit will be extended for 12 months.
Temporary residence permits will be granted to Union citizens who have
health insurance and sufficient resources to cover their expenses without
needing social security support - and who on the territory of the RP:
take up studies - permit for residence of one year, to be extended by
further one-year periods until completion of studies,
intend to or perform work, a free profession or conduct business activity on
the territory of the RP for a period from 3 months to 12 months - for the
duration of such occupation, seek employment - for six months.
Residence and temporary residence permits issued to Union citizens will
cover family members (excluding relatives in the case of students).
The residence card and document of residence will be replaced in the event
of change of the personal data in the document, change of the appearance of
the holder, damage of the document, or its loss.
The residence card or document of residence should be immediately returned
upon obtainment of Polish citizenship or revocation of the permit of
residence.
A Union citizen and members of his/her family may be denied a residence
permit exclusively in the event of need to protect public order and
security, protect public health , or due to a threat to state security or
defense. This also applies to the prolongation of the permits, though
refusal to issue them cannot be based on the need to protect public health.
The denial decision contains the date of departure from Poland, which will
not be later than:
the 15th day from the day when the decision refusing the permit becomes
final,
the 30th day from the day when the decision denying prolongation or revoking
the permit becomes final.
If the application for granting or extending a residence permit or temporary
residence permit covers family members, the Union citizen will be obliged to
enclose the following documents along with the application:
documents certifying marriage or kinship with the family member,
document certifying that the family member is his/her dependent, or member
of the same household in the state from which he/she has arrived (does not
apply to a spouse, a EU citizen, who is not a dependent),
written consent of the family member who is over 16.
Any documents attached to the application, issued by foreign authorities or
institutions, should be translated into the Polish language by an authorized
translator.
It will be possible to expel a Union citizen or his/her family members from
the territory of the RP only in the event of need to protect public order
and security, or in the event of threat to state security and defense. The
decision on expulsion will result, by law, in the revocation of the
residence permit or temporary residence permit.
Limited-term permits and residence cards issued to EU citizens and members
of their families (also to those who are not EU citizens) on the basis of
the law of June 13 2003 on aliens, remain valid.
Permanent and temporary registrations will be issued by Gmina Offices
appropriate to the place of residence. To obtain registration, a Union
citizen or members of his/her family will need to present personal data and
produce a residence card, residence document or residence permit.
Aliens registered for permanent or temporary residence exceeding two months,
and aliens, who are subject to social security or health insurance while on
the territory of the Republic of Poland, will be issued PESEL numbers.
3. GRANTING OF POLISH CITIZENSHIP
An EU citizen who after May 1 2004 obtains a permit for residence or
temporary residence on the territory of the RP, issued on the basis of the
law on the terms and conditions on entry and stay on the territory of the RP
of citizens of EU member states and members of their families, will be able
to apply for Polish citizenship on the basis of article 8 paragraph 2 of the
law of February 15 1962 on Polish citizenship (Journal of Laws of 2000,
No.28, item 353), i. e. by way of granting of citizenship by the President
of the RP in so-called special procedure. A person who applies for
citizenship on the basis of the above regulation will not be required to
have resided in Poland for at least five years on the basis of a settlement
permit.
Applications for granting of Polish citizenship, along with the required
documents, elaborated in the ordinance of the President of the RP of March
14 2000 concerning the special procedure for granting Polish citizenship or
for consenting to its renunciation, and specimens of the certificates and
applications (Journal of Laws No.18, item 231 with subsequent amendments)
should be submitted to the appropriate voivode.
EU citizens residing in Poland on the basis of a settlement permit or
limited-term residence permit will be able to apply for Polish citizenship
on the basis of the present regulations.
4. EMPLOYMENT. SOCIAL SECURITY.
Effective May 1 2004, EU citizens and members of their families will be
exempted from the obligation of possessing work permits as a precondition
for taking up employment.
In accordance with EU norms, such persons seeking employment in Poland will
be treated on a par with citizens of the RP. Work-seekers from member
countries will be given preference over work-seekers from third countries.
Certain jobs in the public sector may be reserved for Polish citizens.
The Union coordination of social security systems for persons migrating
within the Community (Regulations 1408/71 and 574/72) will be applied from
the day of Poland's accession to the EU. In consequence, employees in Poland
will not lose any contributions and will be covered by the Polish social
security system. Periods of social security coverage and employment in any
EU country will be taken into account in calculating the size of pensions
and unemployment benefits. Unemployment benefits will be granted in
accordance with domestic law; in the case of Poland that refers to the law
of December 14 1994 on employment and prevention of unemployment (Journal of
Laws of 2003, No.58, item 514 with subsequent amendments).
Citizens of other EU countries residing in Poland and entitled to retirement
and disability pensions, will be able to collect those benefits in Poland.
5 PURCHASE OF REAL ESTATE.
Pursuant to the Accession Treaty of April 16 2003, Poland is authorized to
apply the Law of March 20 1920 on the purchase of real estate by aliens
(Journal of Laws of 1996 No.54, item 245 with subsequent changes) with
regard to the purchase of "second homes" - for a period of five years, and
with regard to the purchase of agricultural and forest land - for a period
of 12 years.
During the transitional period, permits will be issued for the purchase of
real estate, with equal treatment of the citizens of all member states
residing in Poland.
In order to purchase real estate in Poland, a EU citizen has to obtain an
appropriate permit. The permits are issued - with the authorization of the
Minister of Internal Affairs and Administration - by the Director of the
Department of Permits and Concessions of the Ministry of Internal Affairs
and Administration, and require the additional consent of the Minister of
National Defense. In the case of agricultural land - the consent of the
Minister of Agriculture and Rural Development is also required. The
provisions of the Code of administrative proceedings are applied during the
purchase of real estate. The permits are issued in the form of an
administrative decision, in response to the submitted application.
The application (with annexes) and all documents addressed to the Minister
of Internal Affairs and Administration under an administrative proceeding
should be submitted in the Polish language. The administrative proceeding
for the purpose of obtaining a permit of the Minister of Internal Affairs
and Administration to purchase real estate usually lasts about 2 months.
Detailed information on the purchase of real estate in Poland by aliens
(also in an English version) may be obtained from the website of the
Ministry of Internal Affairs and Administration (BULLETIN for natural
persons applying for a permit to acquire real estate in Poland issued by the
Minister of Internal Affairs and Administration, http:www.mswia.gov.pl./pdf/ang_os_fiz.pdf).
6. MEDICAL CARE.
Effective May 1 2004, citizens of EU and EEA member states and members of
their families will be able to sign up for medical care coverage with the
National Health Fund (NFZ).
Persons coming to Poland on tourist visits will be able to obtain emergency
medical assistance in the framework of health care coverage they have in the
countries of permanent residence. It will be necessary to present form E-111
certified before arrival in Poland by a competent domestic authority. Form
E-112 - along with the consent of the insurer - entitles the bearer to come
to Poland for other than emergency medical treatment.
Students from EU countries are entitled to all medical services on the basis
of form E-128.
Persons entitled to retirement and disability pensions have the right to all
health benefits needed during their stay in Poland . The status of pensioner
has to be certified by form E-121.
A EU citizen engaged in legal work in Poland, or conducting business
activity here, will be able to obtain - along with the members of his/her
family - NFZ coverage, even if he/she and the members of his/her family do
not reside in Poland (coverage in accordance with the principle of the place
of work). The following procedures should be followed:
- application for coverage of members of one's immediate family residing in
Poland should be made on form E-106,
- persons living and working in Poland , going to another EU state (e.g. for
a tourist visit) are entitled to medical assistance upon producing form
E-111 certified by the NFZ,
- if one's immediate family lives in another EU country, its members are
entitled to benefits in that country on the basis of form E-109, certified
by the NFZ and registered with a competent authority of that country,
- persons living abroad, but working and paying their contributions in
Poland (e.g. border-area workers) and members of their immediate families,
are entitled to health care in both countries; in such instance, in order to
obtain free medical care in another Union country, it will be necessary to
obtain in Poland certification on form E-106 and to register it with the
competent authority in the country of residence. The children of such
workers have medical coverage and receive health care in the country of
their residence. In Poland , they will be entitled only to emergency
assistance (similarly to tourists).
EU citizens delegated to work in Poland should possess form E-101,
certifying their coverage and exempting them from payment of contributions
in Poland .
Persons employed in Poland on the basis of task contracts are entitled to
health benefits on the basis of form E-128.
Persons registered in employment offices in EU member states as unemployed,
entitled to medical coverage and seeking work in Poland , have the right to
medical assistance in Poland on the basis of form E-119 - on condition that
at least four weeks have passed since registration at an employment office.
The right to medical assistance in connection with seeking work outside the
country of permanent residence lasts for only 3 months.
7. STUDENTS. RECOGNITION OF DIPLOMAS.
Citizens of EU members states will have the possibility of coming to Poland
for studies, to conduct scientific research and to take part in training -
enjoying the same rights as Polish citizens. It will not be necessary to
obtain a student visa prior to arrival. After initiation of studies, they
will be required to legalize their stay by applying to the appropriate
voivodship office for a residence permit. Permits will be issued to students
for a period of one year, with subsequent one-year extensions until the
completion of studies. Along with the application, the student should submit
a certificate from the school where he/she will be studying. The student
should also have health insurance and sufficient resources. The residence
permit - once issued - will also entitle its bearer to take up work. The
residence permit and the right to work also extends to the immediate family
- i.e. spouse and children.
Pursuant to bilateral and multilateral agreements on the recognition of
education, documents required for higher study enrolment (corresponding to
the Polish 'matura') in the country of their issuance, should be
automatically recognized by the Polish higher school enrolling the
applicant. The school may require the translation of the diplomas into the
Polish language by a sworn translator. The enrolment requirements will be
the same as in the case of Polish students. If the lectures are conducted in
Polish - the foreign student may be required to demonstrate knowledge of the
language.
Students who are EU citizens will have to pay the same tuition as their
Polish counterparts. The same principle of equal rights applies to
scholarships, medical assistance and student travel cost privileges. The
rule does not extend to benefits covered by the Polish social security
system - such as social scholarships.
8. DRIVER'S LICENCE.
Driver's licenses issued by other EU member states are recognized by Poland
and remain valid until the expiry date indicated in the document. A EU
citizen permanently residing in Poland will not be obliged to replace his
driver's license for a Polish driver's license - though he/she will have the
option of doing so. Should the document become lost or its validity expire -
it will not be necessary to pass a driving test again. While driving a
vehicle on the territory of the RP, the driver is obliged to have with him a
driver's license and civil liability insurance.
Seat belts must be used in both front and back seats, with children up to
the age of 12 and up to 150 cm tall using special certified seats. Using a
mobile phone while driving is banned, though a loud-speaking phone system is
permitted. The legal alcohol limit is 0.2 promille.
Speed limits:
town (5am-11pm) - 50 km/h (11pm - 5am) - 60 km/h.
open road - 90 km/h.
single carriageway - 110 km/h, dual carriageway - 120 km/h.
motorway - 130 km/h.
with trailer - 70 km/h (on highways - 80 km/h).
Between October 1 and the last day of February drivers have to use day
lights during the day. Front fog lights may be used only during fog or heavy
rain. Rear fog lights may be used only when visibility is under 50 meters.
The vehicle must be equipped with a reflector triangle.
The vehicle has to be marked with a sign indicating the country of its
registration. Radar-warning systems are banned.
Effective May 1 2004, the "green card" will not be required upon entry by
car into Poland . However, it may be used as international proof of
insurance , facilitating the obtainment of compensation in the event of an
accident.
9. RESTRICTIONS ON THE IMPORTATION OF GOODS BY PRIVATE INDIVIDUALS
Persons entering Poland from another EU country have the right to duty-free
importation of goods purchased during the journey provided that the goods
are intended for private use and will not be resold. The concept of "private
use" includes the disposal of the goods imported as gifts, though their sale
would be illegal - possibly leading to confiscation and fine. If a traveler
is unable to demonstrate that the goods being transported are intended for
private use and the customs officer is convinced that the goods are intended
for sale - the officer is authorized to confiscate the goods along with the
vehicle in which they are being transported.
Goods not exceeding the following quantities will be considered intended for
private use:
800 cigarettes,
200 cigars,
1 kilo of tobacco ,
10 liters of spirit,
20 liters of fortified wine (e.g. sherry, port),
90 liters of wine (including up to 60 liters of sparkling wine),
110 liters of beer.
Persons under the age of 17 are not allowed to import alcoholic beverages or
tobacco.
After Poland 's accession to the EU, tourists returning to their country
will not be able to claim VAT refunds on goods purchased in Poland .
10. EMERGENCIES
Emergency phone numbers:
997 - police,
998 - fire brigade,
999 - ambulance,
112 - mobile phone emergency number,
981 - road assistance,
11. ADDRESSES OF DIPLOMATIC MISSIONS OF EU AND EEA STATES IN POLAND
Embassy of the Republic of Austria Embassy of the Republic of Finland
Gagarina 34, 00-748 Warsaw Chopina 4/8, 00-559 Warsaw
Phone: 8410081-84, 8414146, Phone: 6294091, fax: 6213442
8418735, fax:8410085 E-mail: sanomat.var@formin.fi
E-mail: warschau-ob@bmaa.gv.at
Embassy of the Kingdom of Belgium Embassy of the French Republic
Senatorska 34, 00-095 Warsaw Puławska 17, 02-515 Warsaw
Phones: 8270233-34, 8286211, Phone: 5293000, fax:5293001
8280875-76, fax 8285711 E-mail: press@ambafrance-pl.org
E-mail: ambabel.warsaw@pol.pl
warsaw@diplobel.org
Embassy of the Republic of Cyprus Embassy of the Federal Republic
Pilicka 4, 02-629 Warsaw of Germany
Phone: 8444577 Dąbrowiecka 30, 03-932 Warsaw
Fax: 8442558 Phone: 5841700, fax:5841729
E-mail: zreg@wars.auswaertiges-amt.de
Embassy of the Czech Republic Embassy of the Hellenic Republic
Koszykowa 18, 00-555 Warsaw Górnośląska 35, 00-432 Warsaw
Phones: 6287221-25 Phones: 6229460, 6229461
Fax: 6298045 Fax: 6229464
E-mail: warsaw@embassy.mzv.cz E-mail: embassy@greece.pl
Royal Danish Embassy Embassy of the Republic of Hungary
Rakowiecka 19, 02-517 Warsaw Chopina 2
Phone: 5652900 Phones: 6284451-55
Fax: 5652970, 5652973 Fax: 6218561
E-mail: wawamb@wawamb.um.dk E-mail: varsnk@2a.pl
Embassy of the Republic of Estonia Embassy of Ireland
Karwińska 1, 02-639 Warsaw Humańska 10, 00-789 Warsaw
Phones: 8811810, 8811811 Phones: 8496633, 8496655, 8496680
Fax: 8811812 Fax: 8498431
E-mail: saatkond@varssavi.wm.ee
Embassy of the Italian Republic Embassy of the Portuguese Republic
Pl.Dąbrowskiego 6, 00-055 Warsaw Francuska 37, 03-905 Warsaw
Phone: 8263471, fax:8278507 Phone: 5111010-12
Telex: 813742 ital pl Fax: 5111013
E-mail: E-mail:
ambasciata@italianembassy.pl
embaixada@embport.internetdsl.pl
Embassy of the Republic of Latvia Embassy of the Slovak Republic
Królowej Aldony 19, 03-928 Warsaw Litewska 6, 00-581 Warsaw
Phones: 6174389, 6174589 Phone: 5258110
Fax: 6174289 Fax: 5258122
E-mail: embassy.poland@mfa.gov.lv E-mail:
slovakia@waw.pdi.net
Embassy of the Republic of Lithuania Embassy of the Republic of Slovenia
Al.Jana Chrystiana Szucha 5 Starościńska 1 m 23-24,
00-580 Warsaw 02-516 Warsaw
Phones: 6253368, 6290596, Phones: 8498282, 8498484
6253410, 6254962 Fax: 8484090
Fax: 6253440 E-mail: vvr@mzz-dkp.gov.si
E-mail: litwa_amb@waw.pdi.net
Honorary Consul of the Grand Embassy of the Kingdom of Spain
Duchy of Luxembourg Myśliwiecka 4, 00-459 Warsaw
Żelazna 28-30, 00-832 Warsaw Phones: 6224250, 5834000, 5834001
Phone: 8206100 Fax: 6225408
Fax:8206199 E-mail: emb.esppl@mail.mae.es
Royal Netherlands Embassy of the Kingdom of Sweden
Embassy Bagatela 3, 00-585 Warsaw
Kawalerii 10, 00-468 Warsaw Phones: 6408900, 6408+ ex.,
Phone: 5591200, fax:8402638 Fax: 6408983
E-mail: nlgovwar@ikp.pl E-mail: ambassaden.warszawa@
foreign.ministry.se
Royal Norwegian Embassy British Embassy
Chopina 2 A, 00-559 Warsaw Al.Róż 1, 00-556 Warsaw
Phone: 6964030, fax: 6280938 Phone: 3110000, fax: 3110311
E-mail: emb.warsaw@mfa.no E-mail: info@britishembassy.pl
The concept of family member is defined in the law of July 27 2002 on the
terms and conditions of entry and stay on the territory of the Republic of
Poland of citizens of EU states and members of their families.