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.