Amendment of the Act on foreigners - visas and residence cards of other EU countries

The amendment in the following scope enters into force on 01.06.2025.

As a result of the entry into force of the Act of 4 April 2025 amending certain acts to eliminate irregularities in the visa system of the Republic of Poland (Journal of Laws of 2025, item 622), the Act of 12 December 2013 on foreigners has been amended, in particular with regard to Article 116. The amendments are of an extending and clarifying nature and their main purpose is to tighten the system of legalising the stay of foreigners on the territory of the Republic of Poland.

Below, I present a detailed description of the legislative changes:

1. Amendment of the content of Article 116(5) of the Aliens Act, which concerns the application for a temporary residence and work permit:

point 5 reads: 5) stays on the territory of the Republic of Poland on the basis of a visa issued for the purposes referred to in Article 60(1)(1)(3), (7), (9) to (11), (14) to (16) or (18).

This means that visa holders with the following purposes will not be able to apply for a temporary residence and work permit:

1) tourism; 2) to visit family or friends; 3) to participate in sports events; 7) to carry out cultural activities or participate in conferences; 9) to pursue a first degree, second degree or unified master's degree or to study at a doctoral school; 10) vocational training; 11) education or training in a form other than those specified in point 9 or 10; 14) transit; 15) air transit; 16) medical treatment; 18) to participate in a cultural or educational exchange programme, a humanitarian aid programme or a holiday work programme;

2. Modification of point 6 and addition of points 7-9 in Article 116 of the Aliens Act:

New points are added: 7, 8 and 9, which expand the situations in which a foreigner may not apply for a temporary residence and work permit if:

• point 7) is staying within the territory of the Republic of Poland on the basis of a long-stay visa, referred to in Article 18 of the Schengen Implementing Convention, issued by another Schengen State, unless he/she benefits from mobility within the territory of the Republic of Poland;
• point 8) is staying within the territory of the Republic of Poland on the basis of a residence permit (per analogia a temporary residence permit), referred to in Art. 1(2)(a) of Regulation No. 1030/2002, issued by another Schengen State, unless he/she benefits from mobility on the territory of the Republic of Poland;
• point 9) stays on the territory of the Republic of Poland on the basis of an entry permit referred to in Article 32(1) of the Act.

The introduction of new negative grounds in Article 116 of the Act on Aliens:

• -imits the circle of persons entitled to submit applications for temporary residence;
• seals the procedures by excluding abuses related to mobility within the Schengen area;
• counteracts the circumvention of the procedure for obtaining residence permits through the use of more readily available visas;
• slimits the possibility of converting a short-term stay (e.g. tourist or seasonal) or a stay for higher education into a temporary stay for work purposes.

Applications for a temporary residence permit submitted by foreigners residing on the territory of the Republic of Poland on the basis of visas issued for the above purposes will not be examined on their merits - the authority will refuse to initiate the proceedings.

Do you have a Polish visa for study purposes or a long-stay visa issued by another EU country and do not know whether you can apply for temporary residence and work permits?

 

Contact us on tel: 533648811 or e-mail: kancelaria@ad-adwokat.pl