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Pursuant to the wording of Article 108 of the Act on Foreigners of 12 December 2013 ( art. 108 ust. 1 ustawy z dnia 12 grudnia 2013 r. o cudzoziemcach), if the deadline for submitting an application for granting a foreigner a temporary residence permit has been met and the application does not contain formal defects or the formal deficiencies have been completed within the deadline:
1) the voivod places a stamp imprint in the foreigner's travel document confirming that the application for a temporary residence permit has been submitted;
2) the foreigner's stay on the territory of the Republic of Poland shall be regarded as legal from the date of submitting the application until the date on which the decision on granting the temporary residence permit becomes final.
In the case of the need to leave Poland, the stamp referred to above also allows the foreigner to leave the territory of the Republic of Poland before the completion of these proceedings.
However, the stamp does not authorize the foreigner to re-enter the territory of Poland or to travel within the Schegnen area.
At the same time it should be remembered that when re-entering the territory of the Schengen States (including Poland) for a short-term stay - all stays under C-type visas, under the visa-free biometric passport and under the so-called governor's stamp should be taken into account each time when calculating the limit of a permitted short-term stay, i.e. max. 90 days in each period of 180 days back.
However, for the purposes of proper calculation of the length of stay in the territory of Poland, the periods of stay permitted under a long-term residence permit (residence card) or a long-stay visa (D visa) are not taken into account.
This is due to the fact that under the current provisions of the Schengen Borders Code (Article 6(2)), the date of entry is considered to be the first day of stay in the territory of the Member States and the date of departure is considered to be the last day of stay in the territory of the Member States. For the calculation of the duration of a short stay on the territory of the Member States, only the periods of stay authorized under a residence permit or a long-stay visa shall not be taken into account.
In practice, checking the use of the limit of days of permitted short-term stay involves going back 180 days (from the day of inspection or the first day of planned entry and stay) and calculating, e.g. on the basis of border control stamps, the number of days of short-term stay that the foreigner has already used within this 180-day period.
If the previous stay in Poland (altogether on the C-type visa, the governor's stamp and the biometric passport in the visa-free regime) exceeded 90 days within 180 days back, the re-entry to the territory of the Republic of Poland can be made only on the basis of a residence card or a Polish long-stay visa type D.
YES. In the situation described above there are no obstacles to leave the territory of the Republic of Poland despite the change of name after marriage, on the basis of a valid passport held and a residence card for the maiden name.
However, in the case of issuance of a new passport with a new name, in the event of re-entry into the territory of the Republic of Poland, you should possess the following documents with you during border control:
- travel document (passport) in a new name,
- valid residence card in the maiden name and
- an official document (i.e. marriage certificate) confirming the change of surname translated by a sworn translator if the marriage was concluded abroad.
In addition, if possible, it is advisable to have at the border check also an old travel document maiden or its photocopy. At the same time, it should be remembered that pursuant to art. 241 par. 1 of the Act of 12 December 2013 on foreigners, in the event of a change in the data contained in the current residence card, the residence card shall be replaced.
On the website of the Directorate-General for Home Affairs, the European Commission has posted a special calculator for calculating the length of short-term stay.
After opening the calculator, empty fields will appear where the following data should be entered in order: under the heading (Date of entry/Control) the date of the planned control or the date of re-entry. Under (Enter previous stay(s) in the Schengen area): the dates of all entries into and exits from the territory of the Schengen States.
Please note that once you have entered all the data, the calculator will automatically calculate and show in the third section how many days you have already used up (out of 90 days allowed in each 180-day period). Moreover, the calculator will also automatically show the earliest date of allowed re-entry into the Schengen countries.
Address of the Schengen calculator:
The above calculator also helps to calculate the length of authorized stay also for travelers who repeatedly cross the border to enter/exit the Schengen area within the period of authorized stay.
A foreign university diploma may be recognized as equivalent to a relevant Polish diploma and professional title on the basis of an international agreement defining equivalence, or if there is no such agreement - by nostrification procedure. A person whose diploma has been recognized as equivalent to a Polish diploma and title may use the corresponding Polish title.
Below is a link to a list of international agreements on recognition of education
General information on selected types of higher education diplomas awarded abroad may be checked using the KWALIFIKATOR system, whose link is provided below.
This is a database that allows you to assess the level and status of qualifications in the country in which they were awarded and to learn how a given foreign diploma or degree is recognized in Poland. It also indicates the specific legal basis for the rights of the holder of the diploma. The result, the so-called recognition statement, may be saved as a PDF document. The reliability of the information is guaranteed by NAWA's electronic signature.
Request for information on foreign diplomas may also be submitted in written form by following the instructions:
If it is necessary, the nostrification procedure is conducted by a university with an A+, A or B+ academic category in the discipline applied for. After the nostrification procedure a certificate is issued.
In accordance with the information of the Ministry of Science and Higher Education of 29.05.2019 available at https://konstytucjadlanauki.gov.pl/cudzoziemcy , until the parameterization of universities is carried out (scheduled for 2021), nostrification proceedings should be conducted by units authorized to confer the degree of doctor of a specific field of science or the degree of doctor of a specific field of art, in the scientific or artistic discipline to which the foreign diploma applies.
The list of universities authorized to confer the degree of doctor can be found in the POL-on system (https://polon.nauka.gov.pl/opi/aa/ck/stnauk/upr?execution=e1s1).
Information about the recognition of diplomas is provided by the National Agency for Academic Exchange:
In this case you should submit an application to modify your temporary residence and work permit. Such an application should be accompanied by a new information from the starost, which should include the new employment conditions and a new contract with the employer on which the employment is based.
You should notify the provincial governor, who issued the permit, of your termination of employment with your current employer (the entity which provided the work) within 15 working days from the date of termination of employment with your current employer.
In such a case, the temporary residence permit will not be withdrawn by the voivod for 30 calendar days from the date of termination of work for the previous employer (the entity commissioning the work). In order to continue legal stay in Poland and take up employment in your company, the foreigner should apply for a new temporary residence and work permit within this period. In such a situation you will have to provide the foreigner with the relevant documents concerning you as the entity commissioning the work.
In the case of a change of employer - a single temporary residence and work permit (residence card) entitles the holder to work only for the employer(s) indicated in the permit; it is not legally possible to change the temporary residence and work permit (residence card) granted to the employer; if the employer changes, it is necessary to apply for a new permit.