Visas for foreigners

ORDINANCE
OF THE MINISTER OF INTERIOR AND ADMINISTRATION2)
of 18 December 2007 on visas for foreigners
(Dz. U. of 21 December 2007) Based on Article 52 (1) of the Act of 13 June 2003 on foreigners (Dz. U. of 2006 No 234, item 1694 and of 2007 No 120, item 818 and No 165, item 1170), it is hereby ordained:
Article 1. The Ordinance specifies the following:
1) symbols on visas, excluding visas issued to heads and members of diplomatic missions, heads of consular posts and personnel of foreign consular posts and other persons of equal status
pursuant to legal acts, agreements or commonly established international practices.
2) specimen of the national visa;
3) specimen of the sheet for affixing the visa;
4) specimens of visa application or visa extension application forms and the number of photographs, as well as requirements concerning photographs enclosed with applications;
5) procedure for recording acceptance of visa applications;
6) procedure for affixing the visa to a travel document and for annulment of a visa issued to a legal representative in the case referred to in Article 34 (2) of the Act of 13 June 2003 on foreigners, hereinafter referred to as the “Act”;
7) procedure for recording the decision to refuse or annul visa in a travel document by the Commanding Officer of the Border Guard checkpoint.
§ 2. 1. Visas shall bear the following symbols:
1) airport visa - "A";
2) transit visa - "B";
3) uniform residence visa - "C";
4) national residence or entry visa for repatriation - "D";
5) national residence visa of the same validity as the uniform residence visa - "D + C".
2. The „comments” section of a visa sticker shall include an inscription of „the purpose of issue” and the following symbols for the purposes of issue of uniform and national residence visas or entry visa for repatriation:
1) "01" – if the visa is issued for the purpose of tourism;
2) "02" – if the visa is issued for the purpose of a visit;
3) "03" – if the visa is issued for the purpose of participation in sporting events;
4) "04" – if the visa is issued for the purpose of running economic activity;
2 The Minister of Interior and Administration is in charge of government administration – internal affairs pursuant to Article 1 (2) (3) of the Ordinance of the President of the Council of Ministers of 16 November 2007 laying down the detailed scope of activity of the Minister of Interior and Administration (Dz. U. No 216, item 1604).
5) "05" – if the visa is issued for the purpose of cultural activity or participation in international conferences;
6) "06" – if the visa is issued for the purpose of performance of statutory functions by representatives of a foreign state authority or an international organisation;
7) "07" – if the visa is issued for the purpose of taking part in asylum proceedings;
8) "08" – if the visa is issued for the purpose of work;
9) "09" – if the visa is issued for the purpose of science, training or education;
10) "10" – if the visa is issued for the purpose of enjoying temporary protection;
11) "11" – if the visa is issued for the purpose of an arrival for reasons referred to in Article 33
(1) of the Act;
12) "12" - if the visa is issued for the purpose of a stay of the minor referred to in Article 34 of the Act;
13) "13" - if the visa is issued for the purpose referred to in Article 44 (3), Article 61 (3) or Article 71a (3) of the Act;
14) "14" – if the visa is issued for the purpose of migration of the closest family member of the repatriate;
15) "15" – if the visa is issued for the purpose of executing the residence permit for a fixed period, the permit to settle or the residence permit for a long-stay EC resident;
16) "16" – if the visa is issued for the purpose of joining or staying with a citizen of an European Union or European Free Trade Association (EFTA) Member States – parties to the agreement on European Economic Area or Swiss Confederation;
17) "17" – if the visa is issued for the purpose of taking part in a cultural or educational exchange, humanitarian aid or student summer work programmes;
18) "18" – if the visa is issued for the purpose of repatriation;
"19" – if the visa is issued for purposes other than specified in Article 26 (4) (a-r) of the Act.
Article 3. 1. Specimen of the national visa is provided in Annex 1 to the Ordinance.
2. Specimen of the sheet for affixing the visa is provided in Annex 2 to the Ordinance.
3. Specimen of the visa application is provided in Annex 3 to the Ordinance.
4.Specimen of the residence visa extension application is provided in Annex 4 to the Ordinance.
Article 4. 1. Visa or visa extension applications shall be accompanied by two recent photographs of persons referred to in the application, undamaged, clear, in colour, size 4.5 cm x 3.5 cm,
showing the person without a hat or glasses with dark lenses, looking straight ahead, eyes open
and not hidden by hair, natural look on the face and lips closed, face lit evenly.
2.A person with sight defect wearing glasses with dark lenses may enclose the visa or visa
extension application with photographs showing the person in glasses with dark lenses, and a
person wearing a hat pursuant to religious rules may enclose photographs showing the person in a
hat; the hat may not prevent from identifying the person.
Article 5. 1. Acceptance of a visa application shall be recorded in the travel document on the first
blank page intended for affixing visas.
2.Authorities competent for the issue of visas, excluding the consul, shall record acceptance of
the visa application by impressing the date stamp and official seal of the authority accepting the
application.
3.The consul shall record acceptance of the application by impressing a corresponding seal.
Article 6. 1. The visa shall be affixed to a travel document on the page where the acceptance of
visa application was recorded by affixing a properly secured sticker completed by the authority
issuing the visa.
2. A visa issued to a legal representative in the case referred to in Article 34 (2) of the Act, shall
be invalidated in the travel document by impressing an official seal and date stamp or by placing
a note of the legal basis for the visa annulment, stating „cancelled”, and a signature of an
authorised officer of the Office of the Voivode competent for the place of stay of the legal
representative and by impressing the date stamp.
Article 7. 1. Decision to refuse a transit or residence visa and decision to invalidate a visa shall
be recorded in the travel document by impressing a seal with the decision type, number and legal
basis, and signature of the authorised Border Guard officer and a date stamp or by placing a note
of the decision type, number and legal basis, and signature of the authorised Border Guard officer
and by impressing the date stamp.
2. For decisions to invalidate visa in the travel document it is also required to impress the seal
stating "cancelled", and to destroy the optically variable feature of the visa sticker, the security
feature "latent image effect" as well as the term "visa" by scraping it off diagonally so as to
prevent any later misuse.
3.Invalidation of an incorrectly completed visa sticker in a travel document shall be made by
crossing the sticker diagonally. Additionally, the security feature “latent image effect” and the
term “visa” must be destroyed as specified in Paragraph 2.
Article 8. Ordinance of the Minister of Interior and Administration of 19 October 2007 on visas
for foreigners (Dz. U. No 217, item 1613) shall expire.
Article 9. The Ordinance shall enter into force on the day specified by Council Regulation,
pursuant to Article 3 (2) of the Act concerning the conditions of accession of the Czech Republic,
the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of
Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic
of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European
Union is founded of 16 April 2003 (Dz. U. of 2004 No 90, item 864).
Consolidated text containing the amendments introduced by the Act on participation of the
Republic of Poland in the Schengen Information System and Visa Information System
ACT
of 13 June 2003
on foreigners
Chapter 1
General provisions
Article 1. The Act shall lay down the principles and conditions governing entry into, transit through,
residence on, and departure from the territory of the Republic of Poland as they apply to foreigners, as
well as the procedure and authorities competent in these matters.
Article 2. Any person who does not have Polish citizenship shall be regarded as a foreigner.
Article 3. This Act shall not apply:
(1) with exception of Article 13 (1), Article 25, Article 26, Articles 35 – 41, Article 51 (1) and Article 144,
to heads and members of staff of diplomatic missions, heads of consular posts and members of
consular staff of foreign states, or to other persons treated equally under applicable laws, treaties or
generally recognised international customs, on condition of reciprocity and subject to the requirement
of holding appropriate documents confirming the function fulfilled by such persons.
(2) to nationals of the European Union Member States, as well as to the nationals of the European
Free Trade Association (EFTA) Member States, which are parties to the agreement of the European
Economic Area or Swiss Confederacy and their family members, with the exception of Articles 93, 94,
96, 100, Chapters 9 and 10, Article 124 Subparagraph 1 (g) and Subparagraphs 2 and 4, Article 125
(1) (2) in the scope concerning Article 124 Subparagraph 1 (g), Article 126 (1) (4) and (7) and
Paragraph 2, Article 127, Article 128 (2), Article 131-134, applicable to citizens of the European Union
Member States and the European Free Trade Association (EFTA) Member States, which are parties
to the Agreement on the European Economic Area or the Swiss Confederacy, and their family
members,
(a) Article 93, 94, 96 and 100, Chapters 9 and 10, Article 124 Subparagraph 1 (g) and Article 124
Subparagraphs 2 and 4, Article 125 (1) (2) in the scope relating to Article 124 Subparagraph 1 (g),
Article 126 Subparagraph 1 (4) and (7) and Paragraph 2, Article 127, Article 128 (2), Articles 131-
134a applicable to the residents of the EU Member States, Member States of European Free
Trade Association (EFTA) – parties to the agreement on European Economic Area or the Swiss
Confederation and their family members,
(b) Articles 25, 26 Subparagraph 4 (p), Article 45 (1) (1a) and (2), Article 48 (1) (1) and Paragraphs 3
and 5-7, Article 49, 52, 84a, Chapter 8a, Article 124 Subparagraph 1 (a), Article 125 (1) (1), Article
126 (1) (1) (a), applicable to family members of citizens of the European Union Member States
and of the European Free Trade Association (EFTA) Member States, which are parties to the
Agreement on the European Economic Area or the Swiss Confederacy, not being citizens of these
states;
(3) to foreigners applying for protection and to those who have been granted protection on the grounds of
the provisions of the Act of 13 June 2003 on granting protection to foreigners within the territory of the
Republic of Poland (Dz.U. of 2006, No 234, item 1695), in the scope regulated by this Act;
(4) to foreigners of Polish origin and the closest members of the repatriate’s family in the scope regulated
by the Act of 9 November 2000 on Repatriation (Dz.U. of 2004 No 53, item 532 and of 2005 No 94,
item 788).
Article 4. The terms used in this Act shall mean:
(1) travel document - a document recognised by the competent authority of the Republic of Poland,
authorising its holder to cross the border, which has been issued to an foreigner by the authority of a
foreign state, the Polish authority or an international organisation, or an entity authorised by the
agency of a foreign state or a foreign state authority;
(2) the border - state border of the Republic of Poland within the meaning of the Act of 12 October 1990
on State Border Protection (Dz.U. of 2005, No 226, item 1944);
(3) the carrier - a natural or legal person who, for economic purposes, carries persons by air, sea or land;
(4) international airport transit zone - the area of an international airport situated on the territory of the
Republic of Poland, ranging from the board of the aircraft to the border checkpoint, covering airport
apron and terminals;
(5) visa – permission issued to a foreigner by Polish authority or the authority whose competence in
that matter stems out from the provisions of international agreements binding the Republic of
Poland or the authority of the Schengen states, authorising an foreigner to enter into, transit
through, reside on the territory of the Republic of Poland or other Schengen states, for the period,
purpose and on conditions specified therein;
(5a) uniform visa – visa as referred to in Article 10 of the Convention of 19 June 1990 implementing the
Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic
Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at
their common borders (OJ EU L 239, 22.09.2000, p. 19, as amended);
(5b) national visa – visa authorising entry into, transit through, residence on the territory of the
Republic of Poland;
(5a) central visa authority – authority competent for consultations, including electronic consultations
referred to in Article 12 (2) of the Convention of 19 June 1990 implementing the Schengen
Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic
Union, the Federal Republic of Germany and the French Republic on the gradual abolition of
checks at their common borders;
(5d) Schengen states – states fully applying the Schengen acquis;
(6) work permit - permit for work issued on the basis of the Act of 20 April 2004 on Promotion of
Employment and Labour Market Institutions (Dz.U. No 99, item, 1001, as amended);
(7) permit for tolerated stay – permit for tolerated stay within the meaning of the Act of 13 June 2003 on
granting protection to foreigners within the territory of the Republic of Poland;
(8) scientific research – scientific research and development works within the meaning of the Act of 8
October 2004 on the Principles of Financing Science (Dz.U. No 238, item 2390 and No 273, item 2703
and of 2005 No 85, item 727 and No 179, item 1484);
(9) scientist – an foreigner with at least a professional title corresponding to the professional title of
the master’s degree or an equal title in the Republic of Poland, facilitating at least the access to
doctoral studies;
(10) scientific institution:
a college or a scientific entity referred to in Article 2 Subparagraph 9 (b) – (f) of the Act of 8 October 2004
on the Principles of Financing Science,
(b) organisational unit carrying out ongoing scientific research, having its seat within the territory of the
Republic of Poland and able to subject itself to the rights and obligations, including a research and
development centre referred to in the Act of 29 July 2005 on certain forms of support for innovative
operations (Dz.U. No 179, item 1484 and of 2006 No 107, item 723).
Article 5. A foreigner who is a citizen of two or more states shall be treated as a citizen of the state
the authority of which had issued the travel document presented by the foreigner upon crossing the border
of the Republic of Poland.
Article 6. In cases which remain within the competence of the Voivode, where the Voivode is the
authority competent to examine an appeal in matters regulated in this Act or where the higher level
authority is the President of the Office for Repatriation and Foreigners, Article 33 of the Act of 5 June 1998
on governmental administration in the Voivodeship (Dz.U. of 2001 No 80, item 872, as amended) shall not
apply.
Article 7.1. The proceedings in cases regulated by this Act shall be carried out according to the
provisions of the Code of Administrative Procedure unless otherwise provided for by this Act.
2.The procedure concerning matters regulated by this Act which fall within the competencies of the
consuls, the provisions of the Act of 13 February 1984 on the Functions of Consuls of the Republic of
Poland (Dz.U. of 2002 No 215, item 1823 and of 2004 No 173, item 1808) shall apply, unless otherwise
provided for by this Act.
Article 8.1. The authority issuing a decision or a ruling in a proceeding conducted on the grounds of
the Act may refrain from justifying such decision or ruling, fully or partially, where required for reasons of
state security or defence or of public security and order, notwithstanding Paragraph 2 above.
2.However, the authority shall not refrain from justifying a decision or a ruling in the part referring to
recognition of Polish origin of the foreigner.
Article 9. If the area of territorial competence of Border Guard divisions does not include any part of
the territory of the Republic of Poland, the tasks set out in Article 8, 62 (5) and (7) and Article 71b (4) and
(6) on this part of territory shall be performed by the Commandant in Chief of the Border Guard.
Article 10.1. An foreigner who applies for the granting or prolongation of visa, the granting of a
residence permit for a fixed period, a permit to settle or a long-term resident’s EC residence permit,
hereinafter referred to as the “long-term resident’s EC residence permit”, shall be informed in the language
understandable to him/her about the procedure and its principles as well as the rights he/she is entitled to
and the obligations imposed on him/her.
2. Where the procedure to expel a foreigner from the territory of the Republic of Poland is initiated on
request of the authority which apprehended the foreigner, the authority that applied for the decision to
expel shall caution the foreigner.
Article 11.1. Applications relating to procedures regulated by this Act shall be drawn up in the Polish
language.
2.An application for the visa to be issued by a Consul may be drawn up in a foreign language
indicated by the Consul.
3.Documents drawn up in a foreign language and used as the evidence in proceedings conducted on
the grounds of this Act should be submitted together with their translation into the Polish language,
effected by a sworn translator.
4.The translator’s given name and surname shall be indicated in the records of interrogations of
foreigners submitting applications in the matters regulated by this Act.
Article 11a. 1. Letters concerning the matters regulated by this Act shall be delivered to natural
persons at the address indicated by them or at any other place where the addressee can be found.
2.Foreigners who are imprisoned shall be delivered letters via the institution in which they stay.
3. In the course of the procedure, the parties and their representatives as well as plenipotentiaries
shall inform the public administration authority, before which the case is prosecuted about any, also
temporary, change of address, and in the case of going abroad the address for deliveries in the country
shall be indicated.
4.In the case of negligence of the obligations specified in Paragraph 3, the service of a letter to the
current address shall have the legal effect of delivery.
5. If the addressee does not reside under the address indicated and if it is impossible to deliver a letter
with return receipt to an adult household member or other person residing or staying under the address
indicated who would undertake to deliver the letter to the addressee, the letter returned to the sender shall
be regarded as delivered on the day when the attempt to deliver it was made.
6. In the case of absence of the addressee, Articles 43 and 44 of the Code of Administrative
Procedure shall apply.

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