    
ADVISORY FOR CITIZENS OF THE EUROPEAN UNION TRAVELLING TO POLAND AFTER
MAY 1 2004
 ARRIVAL
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.
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.
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.
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.
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).
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.
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.
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.
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 .
EMERGENCIES
Emergency phone numbers:
997 - police,
998 - fire brigade,
999 - ambulance,
112 - mobile phone emergency number,
981 - road assistance,
ADDRESSES OF DIPLOMATIC MISSIONS
OF EU AND EEA STATES IN POLAND
Embassy of the Republic of Austria
Gagarina 34, 00-748 Warsaw
Phone: 8410081-84, 8414146, 8418735, Fax:8410085
E-mail: warschau-ob@bmaa.gv.at
Embassy of the Kingdom of Belgium
Senatorska 34, 00-095 Warsaw
Phones: 8270233-34, 8286211, 8280875-76, Fax: 8285711
E-mail: ambabel.warsaw@pol.pl
warsaw@diplobel.org
Embassy of the Republic of Cyprus
Pilicka 4, 02-629 Warsaw
Phone: 8444577, Fax: 8442558
Embassy of the Czech Republic
Koszykowa 18, 00-555 Warsaw
Phones: 6287221-25, Fax: 6298045
E-mail: warsaw@embassy.mzv.cz
Royal Danish Embassy
Rakowiecka 19, 02-517 Warsaw
Phone: 5652900, Fax: 5652970, 5652973
E-mail: wawamb@wawamb.um.dk
Embassy of the Republic of Estonia
Karwinska 1, 02-639 Warsaw
Phones: 8811810, 8811811, Fax: 8811812
E-mail: saatkond@varssavi.wm.ee
Embassy of the Italian Republic
Pl. Dabrowskiego 6, 00-055 Warsaw
Phone: 8263471, Fax: 8278507, Telex: 813742 ital pl
E-mail: ambasciata@italianembassy.pl
Embassy of the Republic of Latvia
Królowej Aldony 19, 03-928 Warsaw
Phones: 6174389, 6174589, Fax: 6174289
E-mail: embassy.poland@mfa.gov.lv
Embassy of the Republic of Lithuania
Al. Jana Chrystiana Szucha 5, 00-580 Warsaw
Phones: 6253368, 6290596, 6253410, 6254962, Fax: 6253440
E-mail: litwa_amb@waw.pdi.net
Honorary Consul of the Grand Duchy of Luxembourg
Mysliwiecka 4, 00-459 Warsaw
Phones: 6224250, 5834000, 5834001, Fax: 6225408
Royal Netherlands Embassy
Kawalerii 10, 00-468 Warsaw
Phone: 5591200, Fax: 8402638
E-mail: nlgovwar@ikp.pl
Royal Norwegian Embassy
Chopina 2 A, 00-559 Warsaw
Phone: 6964030, Fax: 6280938
E-mail: emb.warsaw@mfa.no
Embassy of the Republic of Finland
Chopina 4/8, 00-559 Warsaw
Phone: 6294091, Fax: 6213442
E-mail: sanomat.var@formin.fi
Embassy of the French Republic
Warsaw Pulawska 17, 02-515 Warsaw
Phone: 5293000, Fax:5293001
E-mail: press@ambafrance-pl.org
Embassy of the Federal Republic of Germany
Dabrowiecka 30, 03-932 Warsaw
Phone: 5841700, Fax:5841729
E-mail: zreg@wars.auswaertiges-amt.de
Embassy of the Hellenic Republic (Greece)
Górnoslaska 35, 00-432 Warsaw
Phones: 6229460, 6229461, Fax: 6229464
E-mail: embassy@greece.pl
Embassy of the Republic of Hungary
Chopina 2, 00-559 Warszawa
Phones: 6284451-55, Fax: 6218561
E-mail: varsnk@2a.pl
Embassy of Ireland
Humanska 10, 00-789 Warsaw
Phones: 8496633, 8496655, 8496680, Fax: 8498431
E-mail: ambasada@irlandia.pl
Embassy of the Portuguese Republic
Francuska 37, 03-905 Warsaw
Phone: 5111010-12, Fax: 5111013
E-mail: embaixada@embport.internetdsl.pl
Embassy of the Slovak Republic
Litewska 6, 00-581 Warsaw
Phone: 5258110, Fax: 5258122
E-mail: slovakia@waw.pdi.net
Embassy of the Republic of Slovenia
Staroscinska 1 m 23-24, 02-516 Warsaw
Phones: 8498282, 8498484, Fax: 8484090
E-mail: vvr@mzz-dkp.gov.si
Embassy of the Kingdom of Spain
Mysliwiecka 4, 00-459 Warsaw
Phones: 6224250, 5834000, 5834001, Fax: 6225408
E-mail: emb.esppl@mail.mae.es
Embassy of the Kingdom of Sweden
Bagatela 3, 00-585 Warsaw
Phones: 6408900, 6408+ ex., Fax: 6408983
E-mail: ambassaden.warszawa@foreign.ministry.se
British Embassy
Al. Róz 1, 00-556 Warsaw
Phone: 3110000, Fax: 3110311
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.
Source: www.msz.gov.pl
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