The Riskiest Way to Stay in Poland Illegally

This post is essential for foreigners who have either arrived in Poland or are planning to do so, holding valid visas that allow them entry into the country, as well as those with biometric passports who can enter Poland under the visa’ free movement. Additionally, this information is crucial for individuals from both categories who intend to apply for a temporary residence permit (Card of Stay) in the future.
For those who identify with the aforementioned categories, I provide vital information on how to avoid falling into an illegal stay in Poland and protect yourselves from receiving a Decision on the Obligation to Leave Poland and an entry ban.
In cases of genuine necessity such as studying, business, or work, individuals may extend their stay in Poland beyond the validity of their visa or visa-free period. However, to do so legally, one must obtain a temporary residence permit.
Many of You may prefer to personally apply for a temporary residence permit (Card of Stay) by officially booking an appointment at the Voivodeship Office. Upon receiving confirmation for such an appointment, You may believe that You have followed all the correct procedures in accordance with Polish legal regulations and may not keep track of the days remaining of Your legal stay provided by Your visa or visa’ free movement.
This is a grave mistake! Obtaining a residence permit in Poland not only requires meeting qualification requirements but also applying during your legal stay. You should not apply critically late! You can apply on the last day of Your visa validity or on the final day of Your stay under the visa’ free movement.
As a practising lawyer I remind You! The staff at Voivodeship Offices who schedule appointments for applications do not assess the legality of Your stay in Poland. It is Your personal responsibility to track the legal days remaining for Your stay.
Unfortunately, in my legal practice, I often encounter situations where individuals make this mistake, believing that scheduling an appointment for applying for a temporary residence permit at a Voivodeship Office automatically provides or extends the legality of their stay. This is not the case!
Frequently, while waiting for these appointments, individuals’ stays in Poland become undocumented (exceeding the permissible period of stay under the visa-free regime or holding an invalid visa). Consequently, their visit to the Voivodeship office ends with them being detained and taken to the nearest Border Guard Unit, where they receive a Decision on the Obligation to Leave Poland and an entry ban.         In conclusion:

• Be accurate in calculating the days of Your legal stay in Poland.
• Understand that booking an appointment for a temporary permit does not automatically provide You with legality of stay in Poland.
• Do not wait until the date of Your appointment at the Voivodeship Office if Your permissible stay period has expired by that date or if Your visa will be invalid.
• A legal stay in Poland may be ensured by either sending Your application with attachments by post or personally applying during Your legal stay.
  And do not forget: You can rely on my legal advisory in a case of need.