The Act Of 13 June 2003 On Aliens

Original Language Title: USTAWA z dnia 13 czerwca 2003 r. o cudzoziemcach

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Chapter 1 General provisions Article. 1. [range] Act specifies the terms and conditions of entry into the territory of the Republic of Poland, transit through this territory, residence and departure of foreigners from the territory of the Republic of Poland, the procedures and bodies competent in these matters.

Article. 2. [the definition of alien] Foreigner is anyone who does not have Polish citizenship.

Article. 3. the [exclusion of application of the provisions of this Act] this Act shall not apply to: 1) the heads of State and members of the staff of the diplomatic missions, heads of consular posts and members of the staff of the consular representation of foreign States and other persons destroyed them on the basis of laws, agreements or international customs established widely, provided reciprocity and possession of documents proving the exercise of the functions, for entry and residence on the territory of the Republic of Poland with the exception of art. 13 paragraph 1. 1, art. 21A, art. 25, art. 26, art. 28, art. 29, art. 33, art. 34, art. 35 paragraph 1. 3 and 4, art. 38 paragraph 2. 1, art. 40, art. 46 – 48, article. 48A. 48B para. 1 paragraph 4 and article. 48 c-48 h;

2) nationals of the Member States of the European Union, the Member States of the European free trade agreement (EFTA) parties to the agreement on the European economic area or the Swiss Confederation and their family members who live with them or join them, with the exception of: (a)) article. 12A, art. 16 – 20, art. 93, art. 94, art. 96-96 c, art. 100, chapters 9 and 10, art. paragraph 124. 1 (1) (a). (g) and paragraphs 2 and 4, art. 125 paragraph. 1 paragraph 2 in respect of the article. paragraph 124. 1 (1) (a). g, art. paragraph 126. 1 paragraphs 4 and 7, and paragraph 2. 2, art. 127. 128 paragraph 1. 2 and art. 131-134, which apply to nationals of the Member States of the European Union, the Member States of the European free trade agreement (EFTA) parties to the agreement on the European economic area or the Swiss Confederation and their family members who live with them or join them, b) art. 4 5-5 d, art. 16 – 20, art. 25, art. 26 paragraph. 1 paragraph 18, art. 31, art. 32 paragraph 1. 1 and paragraph 2. 2, paragraph 1, paragraph 2 and paragraph 3 (b). and (d) and paragraph 2. 7, art. 33, art. 34, art. 38 – 40, art. 46 – 48, article. 48 d, art. 48e, art. 48 g, art. 48 h, art. 84A, chapter 8a. paragraph 124. 1 (1) (a). a, art. 125 paragraph. 1 section 1, art. paragraph 126. 1 (1) (a). a and article. 134a, that apply to members of the families of citizens of the Member States of the European Union, the Member States of the European free trade agreement (EFTA) parties to the agreement on the European economic area or the Swiss Confederation, who join them or with them live, non-citizen of these countries;

3) foreigners seeking protection and protected under the law of 13 June 2003 on granting protection to aliens in the territory of the Republic of Poland (Journal of laws of 2009 # 189, poz. 1472, as amended), to the extent that it regulated;

4) aliens Polish origin and members of the immediate family of repatrianta, within the scope of the Act of 9 November 2000 on repatriation (Journal of laws of 2004, no. 53, p. 532, as amended).

Article. 4. [other definitions] used in the Act shall mean: 1) a travel document-a document approved by the competent authority of the Republic of Poland, to cross the border, issued to an alien by the body of a foreign State, body Polish or international organisation, or an agency authorised by the authority of a foreign State or foreign authority of a State;

2) border-State border of the Republic of Poland within the meaning of the Act of 12 October 1990 on the protection of the State border (OJ of 2009 # 12, item 67, 2010 No. 164, item 1108 and 2011 No. 50, item 255 and # 217, item 1280);

3) carrier – natural or legal person engaged in the carriage of passengers for hire or reward by air, sea or land;

4) transit zone of an international airport-area of an international airport situated in the territory of the Polish Republic, stretching between the deck of the aircraft and border control, which includes room and Board;

5) visa is a permit issued to an alien by the body Polish or authority whose in this case arises from the provisions of the international agreements applicable to the Republic of Poland or authority of the Member State of the Schengen area, authorizing him to enter the territory of the Republic of Poland or other countries of the Schengen area, passing through this territory and stay on it at the time, for the purpose of and under the conditions specified therein and to the conditions set out in 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 common borders (OJ. EU L 239 of 22.09.2000, p.19, as amended. d.), hereinafter referred to as "the Schengen Convention implementing";

5A) Schengen visa-the visa referred to in article 1. 2 paragraph 2-5 for a regulation of the European Parliament and Council Regulation (EC) no 810/2009 of 13 July 2009 establishing a Community code on visas (Visa code) (OJ. EU L 243 of 15.09.2009, p. 1), hereinafter referred to as "the Community code of Visas;

5B) national visa-the visa referred to in article 1. 18 of the Convention implementing Schengen, released by the Polish;

5 c) the central authority of the visa-the body responsible for reviewing applications for the issue of Schengen visas, referred to in article 1. 22 of the Community code on visas, and the right to receive information, referred to in article 1. 31 of the Community code on visas;

5 d) Member States of the Schengen area – a State which fully apply the Schengen acquis;

6) work permit – work permit issued under the Act of 20 April 2004 on employment promotion and labour market institutions (Journal of laws 2008 No. 69, item 415, as amended);

7) consent for tolerated – consent for tolerated within the meaning of the Act of 13 June 2003 on granting protection to aliens in the territory of the Republic of Poland;

8) research-research and development within the meaning of the Act of 30 April 2010 on the principles of financing of Science (Journal of laws No. 96, item 615 and 2011 No. 84, item 455 and # 185, poz. 1092);

9) scientist-alien who has at least the professional title corresponding to the in the Republic of Poland, the title master's or professional serves to ensure that allows at least access to doctoral studies;

10) scientific facility: a) the University or scientific body, referred to in article 1. 2, paragraph 9 (a). (b)-(e) of the Act of 30 April 2010 on the principles of financing of science, b) organizational unit, continuously research, with Headquarters on the territory of the Republic of Poland and the capacity to be the subject of rights and obligations, including the research and Development Centre, referred to in the Act of 29 July 2005 on some forms to support innovative activity [1] (Journal of laws No. 179 , item. 1484 and 2006 No. 107, item. 723);

11) lbat-entry and residence of an alien in the territory of the Republic of Poland, to which regulation (EC) no 1931/2006 of the European Parliament and of the Council of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention (OJ. EU L 29 of the 03.02.2007, p. 3), hereinafter referred to as "Regulation No 1931/2006";

12) time protection-protection of temporary within the meaning of the Act of 13 June 2003 on granting protection to aliens in the territory of the Republic of Poland;

13) subsidiary protection-subsidiary protection within the meaning of the Act of 13 June 2003 on granting protection to aliens in the territory of the Republic of Poland;

14) professional experience-the experience gained in the course of employment, other gainful or doing business in a particular profession;

15) qualifications obtained in the context of higher education – complete with a positive result, certified by a diploma, certificate or other document issued by the competent authority, of higher education, which is the cycle of activities carried out by the educational institution recognized by a higher education institution by the State in which it is established, provided that the duration of the studies necessary to obtain them is at least 3 years;

16) work in a profession that requires high skills-provision of work, within the framework of employment, by an alien with powers confirmed the higher professional qualifications, that, regardless of the setting between the parties to a legal relationship, performs work on behalf of or under the direction of another person for remuneration;

17) higher professional qualifications-qualifications obtained in the context of higher education, or at least five years ' professional experience in a comparable level to qualifications in education at tertiary level, necessary for the performance of work specified in the contract of employment or a job offer.

Article. 5. [an alien who is a national of two or more countries] a foreigner is a national of two or more Member States shall be treated as a national of that State whose travel document was the basis for the entry on the territory of the Republic of Poland.


Article. 6. [exclusion of application of the provisions of the Act on the Palatine and Government Administration in the administrative] in matters belonging to the properties of the Palatine, in which the Governor is the body competent to hear appeals on matters governed by this Act or a higher degree of authority is the head of the Office for aliens, does not apply. 20 of the Act of 23 January 2009 on the Palatine and Government Administration in the administrative (OJ No 31, item 206, as amended).

Article. 7. [the application of the provisions of the administrative procedure code and the law on functions of consuls RP] 1. Proceedings in matters governed by the Act, the provisions of the administrative procedure code, unless this Act provides otherwise.

2. Proceedings in the matters governed by this Act, and of the properties of the consuls, the provisions of the law of February 13, 1984, about the features of the consuls of the Republic of Poland (Journal of laws of 2002, no. 215, poz. 1823, as amended), unless this Act provides otherwise.

Article. 8. [waiver justification] 1. The authority issuing the decision or order in a proceeding conducted pursuant to the provisions of the Act may withdraw from the justification, in whole or in part, if required by the considerations of Defense or national security or the protection of the safety and public order, subject to the provisions of paragraph 2. 2.2. You cannot depart from the reasoning in part on determining the conditions for Polish origin of a foreigner.

Article. 9. [the execution of tasks by the Commander in Chief of the border guard] If the territorial border guard troops range does not include part of the territory of the Republic of Poland, the tasks referred to in article 1. 8, paragraph 62. 5 and 7 and art. 71B paragraph. 4 and 6 performs on this part of the territory of the Commander in Chief of border guards.

Article. 10. [Notice the alien] 1. Authorities leading the proceedings in issue or extension of visas, the grant of a residence permit for a specified period of time, a settlement permit or a permit for a long-term resident of the European Union, hereinafter referred to as "long-term resident", and the expulsion from the territory of the Republic of Poland, the lecture of a foreigner in a language understood by him about the rules of procedure and of the remedies available to him the rights and obligations incumbent on it.

1a. In the case of proceedings in cases of expulsion from the territory of the Republic of Poland in the admonition, as referred to in paragraph 1. 1, account shall be taken of the information about the possibility of: 1) claim against the company powierzającemu to perform the work to an alien and enforce a judgment against such entity in connection with the outstanding remuneration, also in the case of expulsion from the territory of the Republic of Poland;

2) grant a residence permit for a specified period of time for the duration of the criminal proceedings pending against the company powierzającemu to perform the work, in which the alien as the victim: (a)) by the offense to entrust the performance of work under specific use, referred to in article 2. 10 paragraph 1. 1 of the law of 15 June 2012 about the effects of delegating work to foreigners who are contrary to the provisions on the territory of the Republic of Poland (OJ No. 769), b) a minor who is without a valid qualifying document to stay in the territory of the Republic of Poland, entrusted with the execution of the work;

3) take any other action against the company powierzającemu to perform the work to an alien, and in particular the notification to the competent authorities.

2. where proceedings for expulsion from the territory of the Republic of Poland shall be initiated at the request of the authority, which stopped the alien, the letter shall be the authority which requested that the issue of expulsion.

Article. 11. [Languages for documents] 1. Conclusions on matters governed by this Act shall be drawn up in the Polish language.

2. Application for a visa by the Consul may be drawn up in a foreign language, as indicated by the Consul.

3. Documents drawn up in a foreign language, used as evidence in proceedings conducted under the Act, should be submitted, together with their translation into Polish, made by a sworn translator.

4. In the protocols questioning foreigners applicants on matters governed by this Act shall be your name.

Article. 11A. [service of documents] 1. In matters governed by the law of the letter is delivered to individuals under specified by does not address, or in any place where to be a recipient.

2. the writings may also be served at the place of work of the recipient a person authorised by the employer to receive correspondence.

3. To foreigners deprived of liberty shall be served on the Scripture through the administration of the plant, where they are staying.

4. in the event of departure abroad page shall be responsible for the establishment of a representative for service in the country and to inform the authority conducting the proceedings in the case.

5. in the event of failure to comply with the obligations referred to in paragraph 1. 4, the letter shall be deemed to have been served under the existing address.

Article. 11B. [the competent Representative service home page], establishing agents, shall appoint one of them as the responsible for the service and shall notify the authority conducting the proceedings in the case.

Article. 11 c [Actions of border guards] 1. In the course of proceedings on the basis of the provisions of the law officers of the border guard can perform operations consisting of: 1) carrying out environmental intelligence;

2) determination of the place of residence of the spouse or other family member of a foreigner, as well as the person with whom the alien combine family ties.

2. If, as a result of the activities referred to in paragraph 1. 1, no confirmed information given by a foreigner or collected information proved to be contrary or raise doubts about their veracity of officers of the border guard may check the premises designated by the alien's place of residence.

3. The officers of the border guard carrying out check of the premises referred to in paragraph 1. 2, have the right: 1) entry to the premises, 2) require presentation of things and objects belonging to an alien 3) requests for explanations-to confirm the alien's stay in the checked out.

4. when carrying out the activities referred to in paragraph 1. 3, should be present an alien or a third party, if it is in its possession, or other adult household member. These steps cannot be taken and carried out at night.

5. Activities referred to in paragraph 1. 3, the officers of the border guard shall carry out with the consent of the alien.

6. If the alien does not consent to check the premises or impedes or prevents the conduct of operations, referred to in paragraph 1. 3, it is considered that the information about the actual place of residence of the foreigner has not been confirmed.

7. where to make a check of the premises is not possible for reasons independent of the alien, the officers of the border guard shall inform about this fact body investigation and shall communicate to him the information gathered in the course of the activities referred to in paragraph 1. 1.8. The competent Minister of the Interior shall determine by regulation: 1) the manner and methods of environmental intelligence, the scope of the interview and the place and time of his conduct, as well as the form of the report on the study of intelligence, having regard to the need to gather information necessary for proceedings under the Act;

2) test mode of the premises referred to in paragraph 1. 2, documents authorising to carry out the check, and also a way of documenting these steps, taking into account the need for appropriate organization of carrying out of checking the premises, including notice of a foreigner, and the Border Guards about the actual place and the circumstances of the alien's stay.

Article. 12. [data processing an alien] 1. In the proceedings, and the registers kept under the Act can be processed the following data of the alien: 1) first name (s) and last name;

2) name of the previous;

3) maiden name;

4) gender;

5) the name of the father;

6) name and maiden name of the mother;

7) date of birth or age;

8) place and country of birth;

9) Description: a) the growth in centimeters, b) eye color, c) special characters;

10) fingerprints;

11) nationality;

12) nationality;

13) marital status;

14) education;

15) occupation;

16) place of work;

17) the place of residence or stay;

18) information about criminal records, carried out against the criminal proceedings and proceedings in cases of misconduct and issued in relation to the decisions in judicial or administrative proceedings;

19) relationship to military service;

20) information about the travels and stays in the last 5 years;

21) registration number General Electronic system of population register (PESEL);

22) a facial image.

2. In proceedings for the issue or extension of the visa refusal of entry and in the procedure for the award of a residence permit for a specified period of time in addition to the data referred to in paragraph 1. 1, can also be processed data on the health status of the foreigner.


Article. 12A. [fingerprints] fingerprints gets in the cases referred to in the Act, an alien who has completed 14 years of age.



Chapter 2 border Art. 13. [conditions of entry and residence of an alien in the territory of the Republic of Poland] 1. A foreigner may enter and reside in the territory of the Republic of Poland, if it has: 1) a valid travel document;

2) a valid visa or any other valid document for entry and residence in that territory, if requested;

3) entry permit for another Member State or residence permit in another State if such authorizations are required for transit.

1a. the conditions for crossing the border by foreigners students from third countries participating in a school trip from another Member State of the European Union and the conditions of stay of these foreigners in the territory of the Republic of Poland shall specify the provisions of the European Union. [2] 2. Limit to be exceeded by a foreigner may be subject to payment of the levy by the entry on the territory of the Republic of Poland, if the behavior of the principle of reciprocity in relations with other countries.

3. The fee referred to in paragraph 1. 2, is the revenue of the State budget.

4. the Council of Ministers may specify, by regulation, a list of States whose citizens are required to pay the fee referred to in paragraph 1. 2, the amount of this fee and the authorities competent to download it or control it.

5. The regulation referred to in paragraph 1. 4, account should be taken of the amounts of the fees for exceeding the State border, applicable to Polish citizens in the countries whose nationals will be required to pay the fee. When designating the competent authorities shall take into account considerations of organizational and order on the border and whether to nationals of the countries covered by the regulation there is a visa requirement or whether they have the ability to pay the fee before crossing the border.

Article. 13A. [Ticket for a foreigner who is a member of the crew of the ship] 1. Aliens who are a members of the crews of ships coming to Polish seaports, exceeding the limit for disembarkation and stay within the boundaries of the port city, with a valid travel document and a pass issued by the Commander of the border guard facilities, are exempt from the obligation to hold a visa.

2. Pass it seems, denied her release or invalidate the Commander of border guard establishments.

3. Pass seems like an alien on the request made by the shipowner or the master of a sea-going vessel or authorized agent acting on its behalf.

4. the application for the issue of a pass shall be accompanied by a list of the members of the crew of a sea-going vessel that contains the information set out in the annex to the Convention on facilitation of international trade by sea, done at London on 9 April 1965 (OJ 1969 # 30, poz. 236, 1972, no. 27, item 199 and 2003 No 131, poz. 1200).

5. The pass shall be: 1) first name (s) and surname of the Member of the crew of a sea-going vessel;

2) the name and number of the travel document, which has a crew ship;

3) name of the ship;

4) the name of the port (yard, Marina);

5) the date of issue of a pass and the period of its validity;

6) stamp and signature of the kontrolerskiego issuing the pass;

7) that pass is only valid with the travel document and shall entitle its holder to reside within the city.

6. Pass it seems for staging a sea-going vessel in the port indicated in the application for the issue of a pass. Season pass is issued for a period not exceeding 15 days.

7. In the event of an unforeseen extension of a standstill period ship Commander in place of the border guard may, at the request of the shipowner or the master of a sea-going vessel or authorized agent acting on his behalf, extend the validity of a pass for the period indicated in the application for an extension of a pass, no longer than 15 days.

8. Refuses to issue a pass, if there is at least one of the circumstances referred to in article 1. 21(1). 1 paragraph 7 – 11.

9. The pass shall be cancelled: 1) in the case of detention of a foreigner outside the port city, or after the expiry of the period for which the ticket was issued, or 2) when there is at least one of the circumstances referred to in article 1. 21(1). 1 paragraph 7 – 11.

10. To refuse to issue a pass and its cancellation shall apply mutatis mutandis the provisions of article 4. 23.11. The issue, renewal and cancellation of passes to be recorded in the register maintained by the Commandant of the place of the border guards.

12. The proper Minister of the Interior shall determine, by regulation, a model application form for the issue or extension of a pass and the pass pattern, having regard to the data referred to in paragraph 1. 5. Article. 14. [Bringing the alien to the border, taking fingerprints fingerprint] 1. An alien may be immediately brought to the border, where he was arrested in the frontier zone directly after crossing the border unintentionally and in accordance with the regulations.

2. The authority which has stopped the alien in connection with crossing the border contrary to the laws, gets him to fingerprints, unless the alien was immediately driven to the border.

3. the fingerprints of an alien as referred to in paragraph 1. 2, a fingerprint card or device to download electronic fingerprints.

Article. 15. [Obligations of the alien immigrant on the territory of the Republic of Poland] 1. An alien entering the territory of the Republic of Poland should: 1) justify the purpose and conditions of the intended stay;

2) have and produce at the request of the border guard officer: a) evidence of formal health insurance within the meaning of the health care benefits financed from public funds or having a travel medical insurance with a minimum amount of insurance in the 30 000 euro, valid for a period of the intended stay of the alien in the territory of the Republic of Poland, covering any expenses that may arise during your stay on the territory in connection with the need to return for medical reasons , the need for urgent medical assistance, an emergency hospital treatment or death, in which the insurer undertakes to cover the costs of the insured person granted health benefits to the entity providing such benefits, based on the issued by the Bill-in the case of entry on the basis of the national visa, b) sufficient means of subsistence for the duration of the intended stay and for the return to their country of origin or residence or transit to a third State that will permit the entry, or evidence of the possibility of obtaining such measures in accordance with the law, (c)) to be admitted to another Member State or residence permit in another State if such authorizations are required for transit.

2. The obligation to present the means of subsistence or evidence of the possibility of obtaining such measures in accordance with the law does not apply to foreigners crossing the border: 1) on the basis of: (a)) international agreements that provide for the release of the alien from the obligation to hold these funds or the obligation to reimburse the cost of his stay by the Polish State authorities or public bodies, b) visa to repatriation, c) Schengen visa or a visa national, to perform work referred to in article 1. 26 paragraph. 1 point 5-7 d) visa for temporary protection, e) visa in order to participate in the proceedings in the case for asylum, f) a residence card, g) visa in order to use the privileges of having a Charter;

2) in connection with the provision of charitable assistance;

3) in connection with participation in the rescue operation.

2A. The requirement of medical insurance, referred to in paragraph 1. 1 point 2 (a). and, can be considered to be met in cases where the alien has adequate insurance in connection with his professional situation.

3. Control of documents proving the purpose and conditions of the intended stay, means of subsistence or the documents referred to in paragraph 1. 1 paragraph 2, make a border guard when crossing the border by an alien.

4. The proper Minister of the Interior in consultation with the competent Minister for Foreign Affairs shall determine, by regulation, the amount of maintenance that should have an alien entering the territory of the Republic of Poland for the duration of the intended stay in that territory, and on return to the country of origin or transit, documents that might confirm the possibility of obtaining such measures in accordance with the law, and the purpose and duration of the intended stay If due to objective or the duration of the intended stay followed by the differentiation of the amount of funds.

5. Specified in regulation height of means of subsistence may be differentiated depending on the purpose or the duration of the intended stay and should provide for the possibility to cover by a foreigner costs of accommodation, food, transit and return to their country of origin. The type of the documents referred to in the regulation should provide the ability to confirm that the alien's means of subsistence in the required amount.

Article. 15A. (repealed).


Article. 16. [call] 1. The alien can present as evidence of sufficient means of subsistence for the duration of the intended stay and for the return to their country of origin or residence or transit to a third State, which grants permission to enter, the invitation, which may issue: 1) Polish citizen residing in the territory of the Republic of Poland, as well as a national of a Member State of the European Union, Member State of the European free trade agreement (EFTA) – the parties to the agreement on the European economic area or the Swiss Confederation , and a member of his family residing in the territory of the Republic of Poland and with the right of residence or the right of permanent residence in that territory, 2) an alien staying directly before issuing invitations to legally and continuously for at least five years on the territory of the Republic of Poland or holding a permit or a permit for a long-term resident of the EU, 3) a legal person or an organizational unit without legal personality , established on the territory of the Republic of Poland – hereinafter referred to as "zapraszającymi".

1a. To determine that the stay of an alien as referred to in paragraph 1. 1, paragraph 2, on the territory of the Republic of Poland is unbroken, apply the recipe article. 64 paragraph 1. 4.2. In the invitation shall be: 1) data about yourself: a) given name (s), surname, date and place of birth, nationality, address, telephone number, type, series and number of identification document or (b)) the company or the name, number, NUMBER, Office address and telephone number of the legal person or organizational unit without legal personality;

2) given name (s), surname, date and place of birth, sex, nationality, residential address, series and number of the travel document of the alien's zapraszanego and the degree of kinship with the invitation;

3) given name (s), surname, date of birth and sex of the spouse and children of an alien zapraszanego, unless you are invited;

4) commitment just has to cover the costs associated with the stay of the alien in this the cost of accommodation and treatment cost, return to their country of origin or residence, or the cost of transit to a third country which will give permission to enter, and the costs of expulsion from the territory of the Republic of Poland;

4A) the address of the accommodation of the alien's zapraszanego;

5) specify the time for which the invitation invites a foreigner;

5A) the term to stay zapraszanego of the alien;

6) the name of the authority which made the entry invitation to record calls;

7) date and number of the entry of an invitation to record calls;

8) the signature of the person being visited.

Article. 17. [records of the calls] 1. The invitation is obtained the validity upon entering it, at the request of the person being visited, records of calls and is valid for a period of one year.

2. Inviting the applicant to enter call for records of calls is made up of: 1) the completed application form for entering calls for records of calls;

2) evidence of ability to cover the costs associated with the stay of the alien in this cost and possible treatment, cover the cost of return to the country of origin or residence, or the cost of transit to a third country which will give permission to enter, and the costs of expulsion from the territory of the Republic of Poland;

3) evidence of legal title to the dwelling, if the accommodation zapraszanego the alien was indicated residential premises of invitation or evidence of the ability to provide an accommodation elsewhere.

3. A decision to refuse to enter or to cancel the enter an invitation to register calls it seems if: 1) the zapraszanego of the alien are included in the list of aliens whose stay in the territory of the Republic of Poland is undesirable, as well as when the entry or stay of an alien in the territory of the Republic of Poland may cause threat to national defence or national security or the protection of the safety and public order or violate the interests of the Republic of Poland;

2) the financial situation of the person being visited, and in the case of a natural person also housing conditions, indicate that it will not be able to satisfy the obligations accepted in the invitation;

3) inviting did not perform the obligations arising from the previously issued invitations;

4) inviting does not meet the requirements referred to in article 3(1). 16 paragraph. 1;

5) in proceedings for inclusion calls for records of calls inviting: a) filed or joined him documents that contain false personal data or information, (b)) testified the truth or withheld the truth, or, to use the authentic podrobił or remade the document or the document as authentic.

3A. the decision to cancel the enter an invitation to record calls, you can also at the request of the person being visited at least 7 days before the start of the period for which the alien has been invited.

4. Cancellation of the invitation to enter the records of calls will lose its validity.

Article. 18. [decisions of the Governor associated with the invitation] Voivode competent for the place of residence or registered office just has to enter an invitation to record calls or issue a decision to refuse to enter or to cancel the call.

Article. 19. [Investigation reimbursement from the person being visited] where the invitation did not perform the obligations arising from the issued an invitation, the State or other entities may recover from the person being visited, in the proceedings before the General Court, reimbursement of expenses incurred in connection with the stay of the alien and leaving the territory of the Republic of Poland, arising from performance of the obligations laid down laws to cover that obligation was inviting.

Article. 20. [Designs invitations and application for inclusion of an invitation to register] 1. The competent Minister of the Interior shall determine, by regulation, patterns: 1) calls, 2) application form for entering calls for records of calls – having regard to the data referred to in article 1. 16 paragraph. 2.2. Specimen application form referred to in paragraph 1. 1, paragraph 2, should take into account also the names of the previous zapraszanego of the alien, the data regarding the financial situation of invitation and the conditions of accommodation of a foreigner.

3. In the event of a change in the pattern of the invitation in the regulation referred to in paragraph 1. 1, you can specify the term of validity of the invitations issued to blank the existing design and the date to which may be applied to forms of the previous model.

Article. 21. [denial of entry into the territory of the RP] 1. An alien shall be refused entry into the territory of the Republic of Poland, if: 1) not in possession of valid documents or a visa referred to in article 1. 13 paragraph 1. 1;

2) has not paid the fees, to which he was required to pay on the basis of article. 13 paragraph 1. 2;

3) has no evidence of formal health insurance within the meaning of the health care benefits financed from public funds or having a travel medical insurance with a minimum amount of insurance in the 30 000 euro, valid for a period of the intended stay of the alien in the territory of the Republic of Poland, covering any expenses that may arise during your stay on the territory in connection with the need to return for medical reasons , the need for urgent medical assistance, an emergency hospital treatment or death, in which the insurer undertakes to cover the costs of the insured person granted health benefits to the entity providing such benefits, based on the issued by the account;

4) used the permissible duration of stay on the territory of the Schengen States for 3 months 6 months counted from the date of first entry, unless international agreements provide otherwise;

5) did not provide sufficient documents to prove the purpose and the conditions of the intended stay;

6) does not have sufficient means of subsistence in relation to the length and purpose of the intended stay or the means to return to their country of origin or transit, or proof of the possibility of obtaining such measures in accordance with the law;

7) has counterfeited or forged travel document, visa or other document for the entry and residence;

8) data of the alien are included in the list of aliens whose stay in the territory of the Republic of Poland is undesirable;

9) the alien can be found in the Schengen information system referred to in article 1. 92 of the Schengen Convention, for the purposes of refusing entry;

10) entry or stay of an alien in the territory of the Republic of Poland may pose a risk to public health;

11) the entry or stay of an alien in the territory of the Republic of Poland may pose a threat to defense or security of Member States, the protection of the safety and public policy or international relations of the Republic of Poland or another Member State of the European Union.

2. The provisions of paragraphs 2 and 3. 1 does not apply to an alien who: 1) has a residence permit for a specified period of time granted under art. 53A para. 2;

2) has a Schengen visa authorising only to entry and residence on the territory of the Republic of Poland in order to, as referred to in article. 26 paragraph. 1, point 26.


3. The provisions of paragraphs 2 and 3. 1 paragraphs 1-7 and 9-11 does not apply to an alien passing through the territory of the Republic of Poland in transit in the cases referred to in article 1. 5. 4 (b). and Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community code on the rules governing the movement of persons across borders (Schengen borders code) (OJ. L 105 of on 13 Apr 2006, p. 1), hereinafter referred to as the "Schengen borders code".

4. The provisions of paragraphs 2 and 3. 1 paragraph 2 and 3 shall not apply to an alien immigrant on the territory of the Republic of Poland for a period not exceeding 3 months.

5. The circumstances referred to in paragraph 1. 1 paragraph 4 or 9, cannot be the sole grounds for refusal of entry to an alien who holds a visa national or Schengen visa authorising only to entry and residence on the territory of the Republic of Poland.

6. The circumstances referred to in paragraph 1. 1 paragraph 3 or 4, may not be the sole grounds for refusal of entry to an alien the traveller to another Member State of the Schengen area, which issued him a visa.

7. the competent Minister in charge of health shall determine by regulation: 1) the list of diseases that could pose a threat to public health, which the diagnosis or suspicion may be grounds for refusal of entry of an alien in the territory of the Republic of Poland, 2) criteria to recognise or suspect an instance of diseases which could pose a threat to public health, referred to in paragraph 1 – having regard to the only epidemic disease as defined by the World Health Organization and other disease highly infectious and especially dangerous , which are fighting on Polish citizens on the basis of the provisions of the Act of 6 September 2001 on infectious diseases and infections [3] (OJ No 126, item 1384, as amended), and with the aim of ensuring the humane treatment of foreign nationals and to prevent a threat to public health in the area of the border crossing.

Article. 21A. [Optional entry permit of an alien not satisfying the conditions on the territory of the Republic of Poland] 1. An alien who does not fulfil the conditions of entry as set out in the Act or in the article. 5 of the Schengen borders code, the facility's Chief border guard, after obtaining the consent of the Commander in Chief of the border guard, may authorise the entry into the territory of the Republic of Poland for a period of not longer than 15 days, if required by the humanitarian considerations, the interests of the Republic of Poland or because of international obligations. For the issue of permits and the permit shall not apply the provisions of the administrative procedure code and is not entitled to appeal to the administrative court.

2. the issue of a permit of the border guard commander in Chief shall inform the head of the Office for aliens, and if the foreigner can be found in the Schengen information system for the purposes of refusing entry, also the competent authority of another Member State of the Schengen area, which made the entry.

Article. 22. (repealed).

Article. 23. [decisions on refusal of entry into the territory of the RP] 1. Decisions to refuse entry to the territory of the Republic of Poland, it seems the Commander of border guard establishments.

2. The decision of the Commander of the border guard establishments may be appealed to the Commander in Chief of border guards.

3. The decisions referred to in paragraph 1. 1, suitable rigor immediate enforceability.

4. The Commander of the border guard facility takes note of the decision referred to in paragraph 1. 1, in the travel document of an alien.

5. The proper Minister of the Interior shall determine, by regulation, the manner of recording in the travel document of an alien of the decision on refusal of entry into the territory of the Republic of Poland. How the recording should provide the ability to determine when the control of the travel document of an alien, whether and what days the decision was released.

Article. 24. [the proceedings carried out by the border guard authorities] 1. The investigation carried out by the border guard authorities before a decision referred to in article 1. 23 paragraph 1. 1, shall be limited to: 1) the hearing of an alien;

2) documents held by an alien;

3) hearing people identified by the foreigner, accompanying him on the journey;

4) take other inspection operations provided for in the law of 12 October 1990 on the border guard (Journal of laws of 2011 No. 116, item 675, as amended).

2. the Steps to be taken in the proceedings referred to in paragraph 1. 1 may be limited only to the control held by the alien documents if this is justified by the terms of the organisational and technical to perform these steps.

Article. 24A. [decision on refusal of entry in accordance with the Schengen borders code] 1. The Commander of the border guard establishments is the authority competent to take a decision on refusal of entry in accordance with article 5. 13 paragraph 1. 2 the Schengen borders code.

2. the decision referred to in paragraph 1. 1, may be appealed to the Commander in Chief of border guards.

Article. 24B. [exclusion of application of the provisions of the Act] to cross the border by an alien within the scope of the provisions of the Schengen borders code shall not apply the provisions of article 4. 13. 14, art. 15 paragraph 1. 1 to 3, 6 and 7 and art. 23-24.

Article. 24 c [exclusion of application of the provisions of the Act] provisions of chapter, with the exception of article. 21(1). 7, shall not apply to cross border by aliens in the context of the local border traffic.



Section 2a Crossing the border under the local border traffic Article. 24. [exemption from visa requirements in the context of the local border traffic] Foreigners resident in the frontier zone of a Member State neighbouring the Republic of Poland, in excess of limit in order to stay in the border area on the basis of a valid residence permit to cross the border within the framework of local border traffic, on the principles set out in the agreement on small border traffic agreement concluded by the Republic of Poland with that State, are exempt from the obligation to hold a visa.

Article. 24e. [the conditions for the issuance of a permit to cross the border in the context of the local border traffic] 1. Permission to cross the border within the framework of local border traffic may be issued to an alien who fulfils the conditions laid down in article 4. 9 of Regulation No 1931/2006.

2. If the alien does not fulfil the conditions laid down in Regulation No 1931/2006, refuses to issue a permit to cross the border in the context of the local border traffic.

Article. 24F. [request for authorisation] 1. The alien applying for a permit to cross the border in the context of the local border traffic consists of the application form and submit it the reasons for the frequent crossing of the border in the context of the local border traffic and attaches: 1) photographs of the applicant;

2) evidence of possession of the residence in the frontier zone;

3) evidence of the reasons for the frequent crossing of the border.

2. The alien applying for a permit to cross the border within the framework of the small border traffic is obliged to submit to the competent authority a valid travel document.

3. authorisation to cross the border within the framework of local border traffic shall be: photography, information on the gender of the holder of the data, and the letter referred to in article 1. 7 paragraph 1. 3 Regulation No 1931/2006, series and number of the permit, the name of the issuing authority, and, if necessary, the information referred to in article 1. 15 paragraph 1. 4 (b). and Regulation No 1931/2006.

Article. 24 g [withdrawal] 1. Permission to cross the border within the framework of local border traffic shall be withdrawn, if: 1) was issued in violation of the provisions of Regulation No 1931/2006;

2) after issue of a permit the alien no longer fulfils the conditions for his release.

2. in the case of the decision to withdraw the authorisation to cross the border in the context of the local border traffic permit returns foreigner Consul which issued them.

Article. 24. [the competent authority to issue, refuse to issue, withdrawal of authorisation] 1. Permission to cross the border within the framework of local border traffic, it seems, refuses to issue or revoke the Consul competent for the place of residence of a foreigner.

2. the decision of Consul on the issue or withdrawal of authorisation to cross the border within the framework of the small border traffic is final.

Article. 24i [cancellation of authorization] 1. Permission to cross the border within the framework of local border traffic shall be cancelled by decision, if an alien who has entered the territory of the Republic of Poland on the basis of: 1) resides on the territory after the expiry of a period of residence, to which he was entitled on the basis of a residence permit, or 2) resides outside the border, in which in accordance with the permit could be-if there are legal impediments to the release of in those circumstances, the decision on the obligation of an alien to leave the territory of the Republic of Poland or expulsion.

2. a decision to cancel a permit to cross the border within the framework of local border traffic, it seems the Commander regional police commander of district (municipal) police, Commander of a border guard facility or the Commander of the border guard Division, which as a result of the review of the lawfulness of the alien's stay found the circumstances justifying the cancellation of this permit.


3. the decision to cancel a permit to cross the border within the framework of local border traffic may be appealed to the Governor of the relevant due to the seat of the authority which issued the decision.

Article. 24j. [Stop authorisation] 1. The Commander of the border guard outpost stops the permission to cross the border within the framework of local border traffic, border control if it finds that the permit has been revoked or annulled.

2. The proper Minister of the Interior in consultation with the competent Minister for Foreign Affairs shall determine, by regulation, procedures when you stop when the control posts back a permit to cross the border in the context of the local border traffic and a model certificate of detention authorization, taking into account the need to prevent the use of this permit.

Article. 24 k [Designs permit and application for authorization] the competent Minister of the Interior in consultation with the competent Minister for Foreign Affairs shall determine by regulation: 1) the application form for a permit to cross the border in the context of the local border traffic, taking into account in particular the data referred to in article 1. 12, to the extent necessary for the authorization and the number and requirements attached to the application of photography;

2) authorisation to cross the border within the framework of local border traffic, having regard to the requirements referred to in article 1. 24F paragraph 2. 3 and in the provisions of art. 7 paragraph 1. 3 and art. 15 paragraph 1. 4 Regulation No 1931/2006.



Chapter 3 Visas Article. 25. [Visa] Visa appears as a Schengen visa or a visa.

Article. 26. [visas] 1. Schengen visa or a visa national, with the exception of airport transit visa referred to in article 1. 2, paragraph 5 of the Community code on visas may be issued to: 1) tourist destination;

2) visits;

3) participate in sports events;

4) establishment;

5) perform the work within a period not exceeding 6 months within the next 12 months, on the basis of a statement of intention to delegate the work, registered in the district Labour Office;

6) work drivers performing international road transport;

7) work on the basis of documents other than those referred to in paragraph 5 or work other than specified in point 6;

8) conduct cultural activities or participation in conferences;

9) perform tasks work by representatives of the authority of a foreign State or an international organization;

10) study of the first degree, second degree or master's degree or third degree studies;

11) vocational training;

12) education or training in a different form than the one specified in paragraphs 10 and 11;

13) teaching;

14) scientific research;

15) transit;

16) treatment;

17) the implementation of a temporary residence permit for a specified period of time, a settlement permit or a permit for a long-term resident of the EU;

18) to join a national of a Member State of the European Union, Member State of the European free trade agreement (EFTA) – the parties to the agreement on the European economic area or the Swiss Confederation or reside with him;

19) participate in cultural exchange or educational, humanitarian assistance programme or summer jobs;

20) participate on asylum;

21) (repealed);

22) resettlement as a member of the immediate family of repatrianta;

23) using the privileges of having a Charter;

24) repatriation;

25) the use of temporary protection;

26) arrival on humanitarian grounds, because of the interest of the State or international obligations;

27) other than specified in point 1-26.

2. Visa to transit may only be issued as a Schengen visa.

3. the visa in order to, as referred to in paragraph 1. 1 paragraphs 20 to 25, may only be issued as a national visa.

4. Schengen visa or a visa national, in order, referred to in paragraph 1. 1 paragraph 9, may be issued in particular as a diplomatic visa or business.

Article. 27. [Visa Schengen or national visa to perform work] 1. Schengen visa or a visa national, in order to carry out the work referred to in article 1. 26 paragraph. 1 point 5-7, may be issued to an alien who will present a work permit on the territory of the Republic of Poland or the written statement of the employer of the intention to entrust an alien performing work, if the work permit is not required.

2. A Schengen visa or a visa national, referred to in paragraph 1. 1, seems to be on the duration of the stay, which corresponds to the indicated in the permit or a statement, no longer than that laid down for the type of visa, and in the case of a visa to perform work referred to in article 1. 26 paragraph. 1, paragraph 5, period of stay, for which it seems, may not be more than 6 months during the 12 months running from the date of the first entry of an alien in the territory of the Republic of Poland.

Article. 28. [diplomatic visa] a Schengen visa or visa seem as a diplomatic visa to the head and a staff member of a diplomatic mission, the head of the consular and consular staff member foreign State and another person to be page aligned with them in terms of privileges and immunities on the basis of laws, agreements or international customs, as well as the established common to members of their families.

Article. 29. [Business Visa] a Schengen visa or visa seem as a business visa to a member of the administrative and technical staff, service staff member of a diplomatic mission, consular officer, consular service staff member, another person to work in the Republic of Poland and a fun-filled trip to be page aligned with them on the basis of laws, agreements or international customs, as well as the established common to members of their families.

Article. 30. [refusal of a visa to an alien national] 1. An alien is refused a visa national, if: 1) its data are included in the list of aliens whose stay in the territory of the Republic of Poland is undesirable;

1A) its data in the Schengen information system for the purposes of refusing entry;

2) does not have sufficient means of subsistence for the duration of the intended stay on the territory of the Republic of Poland and to return to their country of origin or residence or transit to a third State, which grants permission to enter, or the possibility of obtaining such measures in accordance with the law;

3) does not have health insurance within the meaning of the health care benefits financed from public funds or travel medical insurance with a minimum amount of insurance in the 30 000 euro, valid for a period of the intended stay of the alien in the territory of the Republic of Poland, covering any expenses that may arise during your stay on the territory in connection with the need to return for medical reasons, the need for urgent medical assistance emergency hospital treatment or death, in which the insurer undertakes to cover the costs of the insured person granted health benefits to the entity providing such benefits, based on the issued by the account;

4) entry or stay of an alien in the territory of the Republic of Poland may cause threat to national defence or national security or the protection of the safety and public order or violate the interests of the Republic of Poland;

5) travel document of an alien does not fulfil the criteria referred to in article 1. 32 paragraph 1. 5, with the exception of the case when the criterion referred to in article 2. 32 paragraph 1. Article 5, point 1, skipped due to the legitimate interests of the alien;

6) in proceedings for a national visa: a) filed or joined him documents that contain false personal data or information, (b)) testified the truth or withheld the truth, or, to use the authentic podrobił or remade the document or the document as authentic use;

7) has not substantiated or the conditions of the intended stay.

2. If the foreigner can be found in the Schengen information system for the purposes of refusing entry, the visa may be issued only if the existence of serious reasons, in particular on humanitarian grounds or because of international obligations, taking into account the interest of the State that issued the alert in the Schengen information system.

Article. 31. [national visa] 1. National Visa entitles you to entry into and continuous residence in the territory of the Republic of Poland or several consecutive stays, lasting a total of more than 3 months.

2. the period of residence on the basis of the national visa shall be within the limits laid down in paragraph 1. 1 according to the purpose of the stay indicated by an alien.

3. The period of validity of a visa national cannot exceed 1 year.

Article. 32. [national visa] 1. Visa appears at the request of an alien.

2. The alien applying for a visa national consists of: 1) the completed application form, including: a) the personal data to the extent necessary for the issuance of a visa national, b) features of the travel document, c) about travels and stays in the last 5 years, d) indication and justification of the purpose of the stay;

2) current photograph;

3) documentary evidence: a) the purpose and conditions of the intended stay,


b) sufficient funds to cover the cost of living throughout the period of the intended stay on the territory of the Republic of Poland and to return to their country of origin or residence or transit to a third State, which grants permission to enter, or the possibility of obtaining such measures in accordance with the law, c) having health insurance within the meaning of the health care benefits financed from public funds or travel medical insurance with a minimum amount of insurance in the 30 000 euro , valid for a period of the intended stay of the alien in the territory of the Republic of Poland, covering any expenses that may arise during your stay on the territory in connection with the need to return for medical reasons, the need for urgent medical assistance, an emergency hospital treatment or death, in which the insurer undertakes to cover the costs of the insured person granted health benefits to the entity providing such benefits, based on the issued by the account , d) other circumstances given in the application.

3. The requirement of medical insurance, referred to in paragraph 1. 2, paragraph 3 (b). (c), may be considered to be met in cases where the alien has adequate insurance in connection with his professional situation.

4. In assessing whether the requirement of medical insurance, referred to in paragraph 1. 2, paragraph 3 (b). (c) is met, the Consul determines whether it provides entities providing health services on the territory of the Republic of Poland the real possibility of the settlement of claims against the insurer.

5. A foreigner applying for a visa national shows to inspect the travel document that meets the following criteria: 1) the period of validity of the travel document shall end no earlier than 3 months before the expiry of the period of validity of the requested visa;

2) contains at least two free pages;

3) was released in the last 10 years.

6. In urgent cases, the legitimate interests of the right of an alien the criterion referred to in paragraph 1. 5 paragraph 1, may be omitted.

7. acceptance of application for a visa national shall be recorded in the travel document of an alien.

Article. 33. [the proceedings on the issue of a Schengen visa or a visa national] 1. Consul of hearing an application for a visa Schengen or national visa can apply to the head of the Office for aliens for information, or to an alien circumstances refuse to issue Schengen visas, referred to in article 1. 32 paragraph 1. 1 (b). (a) indent ii or vi of the Community code on visas, or national visa referred to in article 1. 30 paragraph. 1 paragraph 4 or 7.

2. the head of the Office for aliens shall communicate the information referred to in paragraph 1. 1 within 10 days from the date of receipt of the application, the Consul in the matter, after consulting with the Commander of the border guard Main: 1);

2) Commander of the Main police;

3) head of internal security agency;

4) Chief of intelligence agencies;

5) Minister for Foreign Affairs.

3. the authorities referred to in paragraph 1. 2, are obliged to provide information whether there are circumstances justifying the refusal of a Schengen visa or a visa national, the head of the Office for aliens, within 5 days from the date of receipt of the request from him on this matter. Failure to provide information within this period shall be treated as having no objection to the issue of a Schengen visa or a visa.

4. the head of the Office for aliens may extend the time limit referred to in paragraph 1. 2 or 3 to 30 days if the information requires additional investigation in terms of the circumstances of the refusal of a Schengen visa or a visa.

5. To extend the deadline for providing information the Head Office for aliens shall notify the Consul.

Article. 34. [the issue of Schengen visas that require the consent of the central authority of another Member State of the Schengen area] 1. If the issue of a Schengen visa requires the consent of the central authority of another Member State of the Schengen area, hearing an application for the issue of a Schengen visa applies for consent to the competent authority of that Member State, through the head of the Office for Foreigners acting as the central authority for visas.

2. the head of the Office for aliens shall inform the authority hearing an application for the issue of Schengen visas, or the central authority of another Member State of the Schengen area has consented to its release, within 10 days from the date of receipt of the application in this case.

3. the failure to provide information referred to in paragraph 1. 2, within 10 days shall be treated as a consent to the issue of a Schengen visa by the central authority of another Member State of the Schengen area.

Article. 34A. [conditions for obtaining by Consul reviews Member States of the Schengen area] 1. If the foreigner applying for a visa national are in the Schengen information system for the purposes of refusing entry, and there are substantial reasons for issuing the visa referred to in article 1. 30 paragraph. 2, hearing an application for a visa, through the Chief of police, shall consult on the basis of article. 25 paragraph 2. 1 of the Schengen implementing Convention reviews Member States of the Schengen area, which made the entry.

2. In the case referred to in article 1. 25 paragraph 2. 1 of the Convention implementing Schengen, the Consul shall inform, through the Chief of the police, the competent authority of the Member State of the Schengen area to issue national visas.

Article. 35. [bodies issuing or refusing to issue Schengen visas or national visa] 1. A Schengen visa or visa seem to or refuses her Consul.

2. A Schengen visa at the border seems to or refuses to release the Commander of border guard establishments.

3. A Schengen visa or a visa national, as a diplomatic visa or a business issue or refuse to issue: 1) the minister competent for Foreign Affairs or 2) the Consul.

4. the competent Minister of Foreign Affairs issues a Schengen visa or a visa national, as a diplomatic visa or work, based on the note of the Ministry of Foreign Affairs of a foreign country or its diplomatic mission and Consul-in addition, on the basis of an application for a visa.

Article. 36. [the issuing Authorities the national] 1. Visa to perform work referred to in article 1. 26 paragraph. 1 point 5-7, it seems, or refuses to issue the Consul competent for the country of residence of the alien.

2. An alien residing lawfully in the territory of a Member State of the European Union, Member State of the European free trade agreement (EFTA) is a party to the agreement on the European economic area or the Swiss Confederation, the national visa to perform work referred to in article 1. 26 paragraph. 1 point 5-7 may issue a consul, whose headquarters are in that State.

Article. 37. [the issue or refusal to issue a visa Schengen or national visa] 1. Issuance or refusal of a visa Schengen or national visa is by way of a decision.

2. the decision to refuse a visa national appears on the form.

3. the decision granting a Schengen visa or national visa is final.

4. the decision on refusal to issue Visa Schengen or national visa issued by: 1) the Consul is entitled to request for reconsideration by the authority;

2) Commander of the border guard facility is entitled to appeal to the Commander in Chief of border guards.

5. a request for a retrial by the Consul shall be submitted within 7 days from the date of notification of the decision to refuse visa Schengen or national visa.

Article. 38. [national visa Form] 1. Visa shall be in the form of a visa sticker in a travel document or Polish document alien's identity and, in the case of specific, legitimate interests of an alien on a separate sheet.

2. If a travel document or identity document Polish an alien belonging to an alien staying in the territory of the Republic of Poland on the basis of the national visa was mentioned, competent for the place of residence of the alien, at his request, shall be included in the document mentioned a new visa sticker visa national.

Article. 39. (repealed).

Article. 40. [error in the visa sticker] 1. If the visa sticker national visa was detected error before its posting in the travel document of the alien's identity document, Polish, or on the official form of the visa, the visa sticker national visa shall be cancelled.

2. If the error was detected after national visa sticker in a travel document in Polish identity document of an alien or on the visa paperwork, the authority which issued the visa, revoked the visa sticker national visa and travel document, identity document Polish alien or on the visa paperwork includes a new visa sticker visa national.

Article. 41. [extension of the period of validity of the national visa] 1. An alien residing on the territory of the Republic of Poland, you can extend the period of validity of an issued visa or residence period of this visa, if the following conditions are met: 1) argues for this important interest professional or personal alien or compelling humanitarian reasons, preventing him from leaving the territory before the end of the period of validity of the visa or before the end of the covered by the visa allowed period of stay;

2) events that are the cause of applying for a visa extension, there were irrespective of the will of an alien and were not foreseeable on the day of submission of the application for a visa national;


3) the circumstances of the case do not indicate that the purpose of the stay of the alien in the territory of the Republic of Poland will be different than declared;

4) does not occur the circumstances due to which the issue of a visa shall be refused.

2. the visa can be extended only once, with the period of residence on the basis of the extended national visa may not exceed the period of stay for visa, subject to paragraphs 2 and 3. 3.3. An alien residing in the hospital, where health preclude the opportunity to leave the territory of the Republic of Poland, extended the period of validity of an issued visa or residence period of this visa until the date on which his health will allow you to leave the territory.

4. In the case referred to in paragraph 1. 3, the competent authority to extend the national visa may appoint an expert to give an opinion, if the State of health of the alien rules out the possibility of leaving the territory of the Republic of Poland.

Article. 42. [conditions for the extension of Schengen visa or a visa national] 1. A foreign national who intends to extend the stay in the Schengen visa or a visa national, is obliged to submit an application for extension of visa at least 3 days before the expiry of the period of stay in your visa.

2. In the cases referred to in article 1. 33 para. 1 the Community code on visas, or when the alien is present in the hospital, the request may be filed on the last day of the period of stay in your Visa Schengen or national visa.

3. An alien applying for the extension of visa Schengen or national visa consists of: 1) the completed application form, which includes: a) the personal data of the alien, to the extent necessary to extend the Schengen visa or a visa national, b) characteristics of the travel document of an alien c) about travels and stays in the last 5 years, d) an indication of the purpose of the stay and the reasons for the need to extend the Schengen visa or national visa;

2) current photograph;

3) evidence: a) the purpose of the stay and the need to extend the Schengen visa or a visa national, b) have health insurance within the meaning of the health care benefits financed from public funds or travel medical insurance with a minimum amount of insurance in the 30 000 euro, valid for a period of the intended stay of the alien in the territory of the Republic of Poland, covering any expenses that may arise during your stay on the territory in connection with the need to return for medical reasons , the need for urgent medical assistance, an emergency hospital treatment or death, in which the insurer undertakes to cover the costs of the insured person granted health benefits to the entity providing such benefits, based on the issued by the Bill-in the case of a visa extension, c) travel medical insurance, referred to in article 2. 15 the Community code on visas-in the case of the Schengen visa extension, d) other circumstances given in the application.

4. To assess the requirements for medical insurance, referred to in paragraph 1. 3 paragraph 3 (b). (b), shall apply mutatis mutandis to article. 32 paragraph 1. 3 and 4.

5. An alien applying for the extension of visa Schengen or national visa shows to inspect the travel document satisfying the criteria referred to in article 1. 32 paragraph 1. 5. Article. 42A. (repealed).

Article. 43. [request for an extension of the Schengen visa or a visa national, filed after the deadline] 1. Application for renewal of a Schengen visa or a visa national, filed after the time limit is left without consideration.

2. If the time limit to submit an application had been complied with, the competent authority shall be shown in the travel document of an alien stamp, which confirms that the filing of the application for extension of visa Schengen or national visa.

3. If the time limit for the submission of an application was retained and the application does not contain the shortcomings of formal or formal deficiencies were supplemented within the time limit, the stay of an alien in the territory of the Republic of Poland shall be deemed to be legal from the date of submission of the application until a final decision on the extension of the Schengen visa or a visa.

4. The provisions of paragraph 1. 3 shall not apply in the event of suspension, at the request of a party, on the extension of the Schengen visa or a visa.

Article. 43A. [conditions for obtaining by the determining authority the application for an extension of national visa reviews Member States of the Schengen area] 1. If the foreigner can be found in the Schengen information system for the purposes of refusing entry, and there are substantial reasons for issuing the visa, referred to in article 1. 30 paragraph. 2, the determining authority shall consult the national visa extension request referred to in article 1. 25 paragraph 2. 1 of the Schengen implementing Convention, through the Chief of police.

2. In the case referred to in article 1. 25 paragraph 2. 1 of the Convention implementing Schengen, the determining authority the application for an extension of national visa shall inform, through the Chief of the police, the competent authority of the Member State of the Schengen area to extend the national visa.

Article. 44. [the competent authority to extend the Schengen visa or a visa national] 1. The authority competent to extend the Schengen visa or national visa is Governor of competent for the place of residence of a foreigner.

2. The decision on the extension of the Schengen visa or a visa national following by decision.

3. Extended Schengen visa or visa shall be shown in the travel document in the form of a visa sticker.

Article. 45. [leave the territory of the Republic of Poland by alien] 1. The foreigner is obliged to leave the territory of the Republic of Poland before the expiry of the period of stay under a visa Schengen or national visa and before the expiry of the period of validity of the visa, unless he holds a valid document giving entitlement to residence in that territory.

2. An alien staying on the territory of the Republic of Poland pursuant to an international agreement to abolish the visa obligation or unilateral abolition of the visa requirement, or to which the partial or complete abolition of visa requirement, in accordance with Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ. EC-L 81 from 21.03.2001, p. 1, as amended. d.; Oj. EU Polish Special Edition, chapter. 19, t. 4, p. 65, as amended. d.), is obliged to leave the territory before the end of the period provided for in an international agreement, in the unilateral abolition of the visa requirement or regulation unless it holds a valid document giving entitlement to residence in that territory.

3. An alien staying in the territory of the Polish Republic in visa under an international agreement to abolish the visa obligation or in connection with the unilateral lifting of the visa obligation by the Republic of Poland is obliged to leave the territory after the expiry of a period of residence, who has entered the territory of the Republic of Poland, not later than the expiration of 3 months from the date of entry into force of the right to terminate the contract or to restore the visa requirement.

4. If the entry into force of the termination of the contract with total or partial abolition of visa requirements or to restore the visa requirement took place before the announcement, in the form of the law provided for, the time limit referred to in paragraph 1. 3, shall be counted from the day of that announcement.

Article. 45A. (repealed).

Article. 45b. (repealed).

Article. 46. [the head of the Office for aliens] 1. The head of the Office for aliens, acting as the central authority for visas, shall be the competent authority to authorise the issue of a Schengen visa by the authority of another Member State of the Schengen area.

2. the head of the Office for aliens shall consult the opportunity to consent to the issue of a Schengen visa by the authority of another Member State of the Schengen area with the bodies referred to in article 1. 33 para. 2.3. The authorities referred to in article 1. 33 para. 2, are obliged to pass on whether the circumstances referred to in article 1. 32 paragraph 1. 1 (b). (a) Indent v or vi of the Community code on visas, the head of the Office for aliens, within 5 calendar days from the date of receipt of the application in this case. Failure to provide information within this period shall be treated as having no objection to the issue of a Schengen visa.

Article. 47. [wiz Patterns, forms, procedures on visa] 1. The competent authority to inform the authorities of other Schengen States to issue Schengen visas is: 1) Consul-in the cases referred to in article 1. 25 paragraph 2. 4 and art. 31 para. 1 the Community code on visas, with regard to the Schengen visas issued by the Consul;

2) Commander in Chief of the border guard-in the cases referred to in article 1. 25 paragraph 2. 4 and art. 31 para. 1 the Community code on visas, with regard to the Schengen visas issued at the border;

3) the minister competent for Foreign Affairs-in the cases referred to in article 1. 31 para. 1 the Community code on visas, with regard to the Schengen visas issued by the Minister of Foreign Affairs.

2. the authorities referred to in paragraph 1. 1, shall communicate the information to issue Schengen visas through the head of the Office for aliens.


Article. 48. [the competent authority for the collection of information about Schengen visa] 1. In the cases referred to in article 1. 25 paragraph 2. 4 and art. 31 para. 1 the Community code on visas, the authority competent to collect information about Schengen visa issued by the competent authorities of the other Member States of the Schengen area is the head of the Office for aliens.

2. the head of the Office for aliens shall communicate the information referred to in paragraph 1. 1:1) to the Commandant, the root of the border guard;

2) Principal Commissioner police;

3) head of internal security agency;

4) head of intelligence agencies;

5) the Minister competent for Foreign Affairs.

Article. 48A. [invalidation of the national visa] 1. Visa shall be cancelled, if at the time of its issue overlap circumstances justifying the denial of its release.

2. If the circumstances justifying the refusal of a visa national, except in the circumstances referred to in article 1. 30 paragraph. 1, paragraph 1a, resulting after her release, Visa back.

3. Visa can be undone at the request of the holder of the visa.

4. Cancellation or revocation of a visa national following by decision.

5. Decision on the annulment or revocation of national visa appears on the form.

Article. 48aa. [consultation of the Schengen State] if the Schengen State shall consult on the basis of article. 25 paragraph 2. 2 the Convention implementing Schengen, the competent authority for annulment or revocation of national visa to determine whether there are grounds for annulment or revocation of a visa, and if their missing, inform the competent authority of that Member State, through the Chief of police.

Article. 48B. [Decisions of the cancellation or withdrawal of a Schengen visa or a visa national] 1. A decision on the cancellation or withdrawal of a Schengen visa or a visa national, it seems: 1) Consul;

2) commanding border guard facilities;

3) Commandant of the border guard Division;

4) the minister competent for Foreign Affairs in the field of diplomatic visas.

2. the decision of the cancellation or withdrawal of a Schengen visa or a national visa issued by: 1) the Consul is entitled to request for reconsideration by the authority;

2) Commander of the border guard establishments or the Commander of the border guard Division – may be appealed to the Commander in Chief of border guards.

3. a request for a retrial by the Consul shall be submitted within 7 days from the date of notification of the decision to cancel or revoke a visa Schengen or national visa.

4. The decision to cancel or revoke a visa Schengen or national visa suitable rigor immediate enforceability.

5. the issue of a decision to cancel or revoke a visa Schengen or national visa shall be recorded in the travel document, the Polish alien's identity document or on a separate sheet.

Article. 48 c [application of the visa Code] to the annulment or revocation of national visa shall apply mutatis mutandis provision art. 34 para. 5 the Community code on visas.

Article. 5F. [information on the cancellation or withdrawal of a Schengen visa] authority that annulled or withdrawn a Schengen visa issued by another Schengen State, it shall inform the competent authority of the Member State which issued the visa.

Article. 48e. [the competent authorities to collect information about Schengen visa] in the cases referred to in article 1. 34 para. 1-3 of the Community code on visas, the authority competent to collect information about Schengen visas issued by the Polish authorities, cancelled or withdrawn by the authorities of other Schengen States, are: 1) the Commander in Chief of the border guard;

2) Commander in Chief of police;

3) head of internal security agency;

4) head of intelligence agencies;

5) the minister competent for Foreign Affairs in the field of diplomatic visas.

Article. 48F. [Delegation] the competent Minister of Foreign Affairs in consultation with the competent Minister of the Interior shall determine by regulation: 1) documentary evidence of the exercise of the functions of the heads of State and members of the staff of the diplomatic missions, heads of consular posts and members of the staff of the consular representation of foreign States and other persons destroyed with them in terms of privileges and immunities on the basis of laws, agreements or international customs, as well as the established common status of their family members for entry and residence on the territory of the Republic of Poland, 2) specimens of the documents referred to in paragraph 1, 3) the Schengen visas or national visas issued to persons referred to in paragraph 1 is applicable in this regard, the agreement or the widely established international practice.

Article. 48 g [Delegation] 1. The competent Minister of the Interior in consultation with the competent Minister for Foreign Affairs shall determine by regulation: 1) Schengen visas or national visas, with the exception of airport transit visa referred to in article 1. 2, paragraph 5 of the Community code on visas, Schengen visas issued for the purpose of transit and visas issued to the heads and members of the staff of diplomatic missions, consular posts and consular personnel managers of foreign States and other persons zrównanym with them in terms of privileges and immunities on the basis of laws, agreements or international customs established universally and to members of their families, taking into account the types of visas referred to in article 1. 25, and the objectives of the visa referred to in article 1. 26, 2) visa receipt, as referred to in article. 38 paragraph 2. 1, 3) specimens of the forms of applications for national visa or visa extension of Schengen or national visa, taking account, in particular, the data referred to in article 1. 12. 32 paragraph 1. 2, paragraph 1 and article. 42 paragraph 1. 3, paragraph 1, and the requirements for photographs to the application for a visa or an application to extend the Schengen visa or a visa national, 4) recording of receipt of the request for a visa national, 5) (repealed), 6) the way in which the head of the Office for aliens: a) data from the visa application in the cases referred to in article 1. 33 para. 1 and art. 34 para. 1, by the Consul, b) information about the issue of a Schengen visa by the Consul, Commander in Chief of the border guard and the Minister of Foreign Affairs, 7) the stamp certifying the filing of the application for extension of visa Schengen or national visa, 8) invalidating completed visa stickers national visa in the case referred to in article 1. 40(2). 2, 9) the method of recording by the Consul, the Minister responsible for Foreign Affairs, the Commander of the border guard establishments or the Commander of the border guard Division of the decision on the cancellation or withdrawal of a Schengen visa or a visa national travel document, identity document, the Polish of the alien or on a separate official form of visa, 10) a model form that seems to be a decision to refuse a visa, the cancellation or withdrawal of national visa , 11) how to upload a visa sticker visa national travel document, Polish alien's identity document or on a separate official form of visa, 12) (repealed) – whereas the proper implementation of visa policy and combating illegal immigration.

2. the recording of the receipt of the request for a visa national, post visa national travel document, identity document, the Polish of the alien or on a separate official form of the visa, the recording of the decision on the cancellation or revocation of a visa national should provide the ability to control the implementation of these steps.

3. How to pass by the Consul to the head of the Office for aliens data from visa application in the cases referred to in article 1. 33 para. 1, art. 34 para. 1 and art. 47 paragraph 1. 2, should ensure the efficient implementation of the consultation, transmission of information and secure transmission of data.

4. (repealed).

Article. 48 h. [the application of the provisions of the Community code on visas] in terms of absence of the provisions of this chapter shall apply the provisions of the Community code on visas.

Article. 49. (repealed).

Article. 50. (repealed).

Article. 51. (repealed).

Article. 52. (repealed).



Chapter 4 a residence permit for a specified period of time Article. 53. [Conditions of obligatory residence permit for a period of time] 1. Residence permit for a specified period of time shall be granted to an alien who: 1) has a work permit or written employer's statement of its intention to entrust an alien performing work, if the work permit is not required, 2) is established on the basis of the provisions of the laws in force in the Republic of Poland, the benefit of the national economy and, in particular, contributing to the growth of investment, transfer of technology, placing great innovation or the creation of new jobs , 3) as a person of recognized artistic achievements continue to work on the territory of the Republic of Poland, 4) is involved in the training and professional internships in the European Union programmes, 5) as a member of the family to reside together with the migrant worker referred to in the European Social Charter, done at Turin on 18 October 1961 (Journal of laws of 1999 No. 8, item 67 and 2010 # 76 , item. 491), 6) is the spouse of a citizen of the Polish, 7) as a member of the alien's family referred to in article 2. 54, arrives on the territory of the Republic of Poland or staying on the territory for the purpose of family reunification,


8) is a minor child of an alien born on the territory of the Republic of Poland, resident in that territory, 9) is the spouse or an adult child of an alien as referred to in article. 54, and stayed on the territory of the Republic of Poland for at least five years on the basis of permits for a specified period of time granted due to circumstances referred to in paragraphs 7, 10) is staying in the territory of the Republic of Poland on the basis of a temporary residence permit for a specified period of time granted due to circumstances referred to in paragraph 7, in the event of widowhood, divorce legal separation or the death of a lineal ascendant or first degree on grounds that particularly important interest of a foreigner, 11) is staying in the territory of the Republic of Poland on the basis of a temporary residence permit for a specified period of time granted due to circumstances referred to in paragraph 6, in the case of widowhood or divorce, when there is this particularly important interest of a foreigner, 12) is a minor child of an alien having a residence permit for a specified period of time born on the territory of the Republic of Poland, 13) has a permit for a long-term resident of the EU, granted by another Member State of the European Union, and intends to perform work or be established on the basis of the provisions of the laws in force in the Republic of Poland, to take or continue his studies or training or demonstrates that overlap other circumstances justifying his residence on the territory of the Republic of Poland, 14) is a member of the alien's family referred to in paragraph 13, which stayed in the territory of another Member State of the European Union, accompanying or who wish to connect to it, 15) is a victim of trafficking in human beings as defined in the Council framework decision of 19 July 2002 on combating trafficking in human beings and meets the following conditions: (a)) is present on the territory of the Republic of Poland, b) has teamed up with the authority competent to conduct on combating trafficking in human beings , c) broke off contacts with persons suspected of committing offences related to trafficking, 16) arrives or is residing in the territory of the Republic of Poland in order to take up or continue stationary studies or stationary doctorate studies on this territory, hereinafter "studies", where he enrolled in the territory of another Member State of the European Union, which it intends to continue or make up the territory of the Republic of Poland , 17) is a scientist, who arrives or is residing in the territory of the Republic of Poland in order to carry out scientific research on the basis of the hosting agreement for the implementation of the research project, with the scientific establishment approved by the Minister responsible for science, 18) has the residence permit referred to in article 2. 1 paragraphs 1 and 2. 2 (a). and Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ. EU L 157 of 15.06.2002, p. 1 – 7), hereinafter referred to as Regulation (EC) No 1030/2002, with the heading "scientist", issued by another Member State of the European Union, if the hosting agreement for the implementation of the research project, included with the appropriate scientific establishment in that Member State, provides for a scientific research on the territory of the Republic of Poland, 19) has permission to perform work in the territory of the Republic of Poland on the principles set out in the regulatory acts issued by the bodies set up by the agreement establishing an association between the European Economic Community and the Turkey, signed at Ankara on 12 September 1963 (OJ. EC-L 217 of 29.12.1964, p. 3687)-If fact, that is the basis for applying for a residence permit, justify his residence on the territory of the Republic of Poland for a period longer than 3 months.

2. As a member of the family of an alien as referred to in paragraph 1. 1 paragraph 13 and article. 54, shall be deemed to be: 1) person standing with him in the marriage recognised by the law of the Republic of Poland;

2) minor child of a foreigner and people remaining with him in marriage recognised by the law of the Republic of Poland, including the adopted child;

3) minor child of a foreigner, including adopted, dependent, over which the alien has actually parental authority;

4) minor child of a person referred to in paragraph 1, including the adopted, dependent on her, over which it exercises actually parental authority.

3. As a member of the family of a minor alien who has refugee status, on the territory of the Republic of Poland, it is also considered the initial in a straight line.

4. A foreign national referred to in paragraph 1. 1 paragraph 1, performing or intending to perform work in the created by the limited partnership, partnership limited by shares company joint-stock company, a limited liability company or joint-stock company or in the company, which he joined or took or acquired the shares or stocks, is obliged to demonstrate that this company satisfies the conditions referred to in paragraph 1. 1 point 2.

5. A foreign national referred to in paragraph 1. 1, paragraph 16, is obliged to confirm that you want to begin or continue their studies on the territory of the Republic of Poland when submitting a certificate unit leading studies of acceptance to College and provide proof of payment of the fees if they are required by this unit in order to begin or continue their studies.

6. The provisions of paragraph 1. 1 does not apply to an alien: 1) on the territory of the Republic of Poland on the basis of a temporary residence permit for a specified period of time referred to in article 2. 53A para. 2, or on the basis of the Schengen visa authorising only to entry and residence on the territory of the Republic of Poland in order to, as referred to in article. 26 paragraph. 1 paragraph 26, unless the alien applies for granting a permit for a specified period of time marked on the basis of paragraph 1. 1, paragraph 15;

2) referred to in article 2. 110;

3) with a consent for tolerated stay.

7. The provisions of paragraph 1. 1 paragraphs 16 to 18 do not apply to an alien: 1) benefiting from subsidiary protection or temporary protection;

2) applying for a refugee status or asylum.

8. The provisions of paragraph 1. 1 paragraph 16 does not apply to an alien: 1) the period referred to in paragraph 1. 1 paragraph 13;

2) performing the work or economic activity in his own name on the territory of the Republic of Poland, unless the alien applying for the release of another authorisation under paragraph 1. 1 paragraph 16.

9. The provisions of paragraph 1. 1 paragraphs 17 and 18 shall not apply to an alien: 1) intends to conduct research within the framework of the doctoral studies;

2) seconded by the scientific establishment located in the territory of any other than the Republic of Poland a Member State of the European Union to the scientific facility located on the territory of the Republic of Poland.

Article. 53A. [optional Conditions of a residence permit for a period of time] 1. Residence permit for a specified period of time may be granted to an alien who: 1) on the territory of the Republic of Poland to take or continue: and) learning, or b) vocational training, 2) due to the bond family intends to join the Polish citizen or a national of a Member State of the European Union, Member State of the European free trade agreement (EFTA) – the parties to the agreement on the European economic area or the Swiss Confederation , residing on the territory of the Republic of Poland or with him, 3) is a clergyman, a member of the order or the person serving as a religious function in churches and religious unions, whose status is regulated by an international agreement, the provisions of the laws relative to the Church or other connection of religion or which operate on the basis of an entry in the register of churches and other religious societies and his stay in the territory of the Republic of Poland is related to its function or preparation for her performance , 3a) is the victim, referred to in article 2. 10 paragraph 1. 1A, paragraph 2, 3b) is staying in the territory of the Republic of Poland on the basis of the authorisation granted for the duration of the criminal proceedings pending against the company powierzającemu to perform the work to an alien who intends to continue the stay on the territory of the Republic of Poland until the overdue salaries from the subject of the settlor to perform the work or entity referred to in art. 6 or article. 7 of the law of 15 June 2012 about the effects of delegating work to foreigners who are contrary to the territory of the Republic of Poland, if the reasons for the particularly important interest of an alien 4) demonstrates that circumstances other than those referred to in paragraph 1-3b or article. 53 paragraph 1. 1-If fact that is based upon applying for authorisation, justifies his residence on the territory of the Republic of Poland for a period longer than 3 months.

2. A temporary residence permit for a specified period of time may be granted to an alien who is staying in the territory of the Republic of Poland illegally if: 1) the provisions of the Polish law require the alien's personal appearance before the Polish public authority;


2) exceptional personal situation requires the presence of an alien in the territory of the Republic of Poland;

3) requires the interests of the Republic of Poland;

4) the competent authority for the conduct of on combating trafficking in human beings States that an alien is probably a victim of trafficking in human beings as defined in the Council framework decision of 19 July 2002 on combating trafficking in human beings (OJ. EC-L 203 of 01.08.2002, p. 1; Oj. EU Polish Special Edition, chapter. 19.6, p. 52).

Article. 53B. [Obligations of the alien] 1. The alien, as referred to in article. 53 paragraph 1. 1, points 1, 2, 7, 9, 13, 14 and 16 – 18 and in art. 53A para. 1 paragraphs 1 to 3, 3b and 4, is obliged to have: 1) health insurance within the meaning of the health care benefits financed from public funds or confirm coverage by the insurer's medical costs on the territory of the Republic of Poland, and 2) stable and regular source of income sufficient to cover the costs of the maintenance of himself and family members, his dependants in cases referred to in article 1. 53 paragraph 1. 1, points 1, 2, 7, 9, 13 and 14 and in articles. 53A para. 1 (1) (a). (b), paragraph 2, 3b, and 4;

3) sufficient financial resources to cover the cost of living and return in the cases referred to in article 1. 53 paragraph 1. 1 paragraphs 16 to 18, and in the article. 53A para. 1 (1) (a). a. 2. A condition referred to in paragraph 1. 1 point 2 is met even if the costs of maintaining the alien cover family member obliged to maintain that he resides in the territory of the Republic of Poland.

3. An alien referred to in art. 53 paragraph 1. 1, paragraph 16, must also demonstrate that it has secured sufficient financial resources to cover the costs of the study.

4. The provisions of paragraph 1. 1 paragraphs 1 and 2 shall not apply to an alien applying for a permit for a specified period of time based on art. 53 paragraph 1. 1 paragraph 7:1) a family member of a foreigner with refugee status or subsidiary protection, if the application for a residence permit for a specified period of time has been made before the expiry of 6 months from the date of obtaining the status of refugee or subsidiary protection status;

2) of a minor child of the alien, who is married to a Polish citizen and holds a residence permit for a specified period of time granted under art. 53 paragraph 1. 1 paragraph 6 or permit granted in connection with staying married to a Polish citizen.

4A. The provisions of paragraph 1. 1 paragraphs 1 and 2 shall not apply to an alien applying for a permit for a specified period of time based on art. 53 paragraph 1. 1 paragraph 1, seconded to the territory of the Republic of Poland in order to provide services-employee entrepreneur with the Swiss Confederation, which provides services, acting on the basis of the laws of the Swiss Confederation, on the territory of the registered office, Central Administration or principal place of the main services provided that the alien has been employed in the territory of the Swiss Confederation.

5. the income referred to in paragraph 1. 1 paragraph 2, after deduction of the costs of residence, attributable to each Member of the family for a dependent of an alien or foreigner, when single, must be higher than the height of the income from which is granted to cash social assistance under the Act of 12 March 2004 on social assistance (Journal of laws of 2009 # 175, item 1362, as amended).

5a. is of the opinion that the costs of residence referred to in paragraph 1. 5, shall include at least the height of the fixed charges related to the operation of occupied premises in the number of people living in this place, and fees for delivery to the premises of energy, gas, water and waste collection, waste and waste liquid.

6. the competent Minister in charge of social security in consultation with the competent Minister of the Interior, Minister for higher education and Minister for Science shall determine, by regulation, the minimum amount, which should have the aliens referred to in article 1. 53 paragraph 1. 1 paragraphs 16 to 18, to cover the cost of living on the territory of the Republic of Poland and the return of the documents, which may confirm the possibility of obtaining such measures in accordance with the law. The amounts set out in the regulation should allow cover the cost of living on the territory of the Republic of Poland of the alien and his/her family members, without the use of social assistance under the Act of 12 March 2004 on social assistance.

Article. 53 c. [in the case of a citizen of the Republic of Turkey] procedure for the award of a residence permit for a period of time a citizen of the Republic of Turkey, in connection with the operation or the intent to do business on their own account on the basis of the provisions of the laws in force in the Republic of Poland, account shall be taken of the provision in art. 41 paragraph 1. 1 of the additional protocol to the agreement establishing an association between the European Economic Community and Turkey (OJ. EC-L 293 of 29.12.1972, p. 4; Oj. EU Polish Special Edition, chapter. 11, vol. 11, p. 43).

Article. 54. [a residence permit for a specified period of time for a family member] of a residence permit for a specified period of time referred to in article 2. 53 paragraph 1. 1 paragraph 7, shall be a member of the family of an alien residing on the territory of the Republic of Poland: 1) on the basis of a residence permit to settle;

2) on the basis of a long-term resident's permit;

3) refugee status;

3A) in connection with the granting of subsidiary protection;

4) at least 2 years on the basis of permits for a specified period of time, including immediately before the application for a residence permit for a specified period of time for a family member, on the basis of authorisation issued for a period of not less than one year;

5) on the basis of a temporary residence permit for a specified period of time referred to in article 2. 53 paragraph 1. 1 paragraphs 17 and 18;

6) on the basis of a temporary residence permit for a specified period of time in order to work in an occupation that requires high skills.

Article. 55. [the marriage contained in order to circumvent the provisions on the grant of a residence permit for a period of time] 1. Body procedure for the award of a residence permit for a specified period of time to an alien who is the spouse of a citizen of the Polish or the spouse of a foreigner residing in the territory of the Polish Republic, referred to in article 2. 54, shall determine whether the marriage was not included to work around by an alien the provisions on the grant of a residence permit for a specified period of time on the territory of the Republic of Poland, if the circumstances of the case indicate that: 1) one of the spouses adopted the pecuniary advantage in return for agreeing to the marriage, unless this is due to the habit of deep in the country or social group;

2) spouses do not fulfil the legal obligations arising from the marriage;

3) spouses do not live together;

4) spouses have never met before their marriage;

5) the spouses do not speak a language understood by both;

6) spouses do not agree as to their personal data and other relevant circumstances, which affect them;

7) one of the spouses or both spouses in the past have already a marriage of convenience.

2. In the implementation of steps to establish the circumstances referred to in paragraph 1. 1, shall not apply. 79 of the administrative procedure code.

Article. 56. [the period of grant of a residence permit for a period of time] 1. Residence permit for a specified period of time shall be granted for a period of time necessary to achieve the purpose of the stay of the alien in the territory of the Republic of Poland, no longer than 2 years.

2. A temporary residence permit for a specified period of time shall be: 1) to an alien as referred to in article. 53 paragraph 1. 1 paragraph 7, for the period up to the date by which has been granted a temporary residence permit for a specified period of time to which the alien intends to arrive or arrived to connect with your family, and if the alien has a permit, a residence permit for EU long-term resident or refugee status in the Republic of Poland for a period of 2 years;

2) a minor, referred to in article 2. 53 paragraph 1. 1 paragraph 12, for the period up to the date by which has been granted a residence permit for a specified period of time its representative and counsel;

3) a family member of an alien as referred to in article. 53 paragraph 1. 1 paragraph 13, for the period up to the date by which has been granted a temporary residence permit for a specified period of time ago an alien;

4) to an alien as referred to in article. 53 paragraph 1. 1 paragraph 15, for a period of 6 months;

5) to an alien as referred to in article. 53 paragraph 1. 1 paragraphs 16 to 18, for a period of one year;

6) to an alien as referred to in article. 53A para. 1 paragraph 1, for the duration of education or vocational training, but not beyond the period of the year;

7) to an alien as referred to in article. 53A para. 2, for the period necessary to fulfill the purpose for which it was issued, or to take the decision to cooperate with the competent authority to conduct on combating trafficking in human beings, not longer than 3 months.


3. If the fact that is the basis for applying for a residence permit for a specified period of time based on art. 53 paragraph 1. 1 paragraphs 16 to 18, justifies the residence of an alien in the territory of the Republic of Poland for a period of less than one year, the residence permit for a specified period of time shall be granted in the case referred to in article 1. 53 paragraph 1. 1:1) in paragraph 16, for the duration of the study;

2) in paragraph 17, for the period of the research project;

3) in paragraph 18, for a period of scientific research on the territory of the Republic of Poland.

Article. 57. [refusal of a residence permit for a period of time] 1. An alien is refused authorisation for a specified period of time, if: 1) does not comply with the requirements referred to in article 1. 53-53b;

2) its data are included in the list of aliens whose stay in the territory of the Republic of Poland is undesirable;

2A) its data in the Schengen information system for the purposes of refusing entry;

3) the circumstances of the case indicate that the purpose of the entry or stay of an alien in the territory of the Republic of Poland is or will be different than declared;

4) the basis for applying for authorisation is a marriage with a citizen of Polish or foreign national resident in the territory of the Republic of Poland, referred to in article 1. 54, and the marriage was celebrated in order to circumvent the provisions on the grant of a residence permit for a specified period of time;

5) require that considerations of Defense or State security or the protection of the safety and public order or the interests of the Republic of Poland;

6) the procedure for the award of a residence permit for a specified period of time: a) filed or joined him documents that contain false personal data or information, (b)) testified the truth or withheld the truth, or, to use the authentic podrobił or remade the document or the document as authentic use;

7) disease or infection, that are subject to compulsory treatment on the basis of the law of 5 December 2008 on the prevention and combating of infections and communicable diseases (Journal of laws No. 234, poz. 1570, with 2009 No. 76, item 641 and 2010 No. 107, item 679 and # 257, poz. 1723), or there is a suspicion of such disease or infection and the alien does not consent to this treatment;

8) has failed to fulfill tax obligations to the State Treasury;

8A) did not return the cost of expulsion, which was funded from the State budget;

9) resides in the territory of the Republic of Poland.

1a. The alien refuses to grant another permit for a specified period of time based on art. 53 paragraph 1. 1 paragraph 16 even if not his freshman year and was not a conditional entry for next year or semester of study.

2. (repealed).

3. You cannot refuse to grant a residence permit for a specified period of time an alien: 1) to the spouse of a citizen of Polish or a person holding a permit or a permit for a long-term resident of the EU on the territory of the Republic of Poland, if the sole basis for refusal would be any of the reasons referred to in paragraph 1. 1 paragraphs 3 and 7 – 9;

2) referred to in article 2. 53 paragraph 1. 1 paragraph 7 and 13, and a member of the family of an alien as referred to in article. 53 paragraph 1. 1 paragraph 13, where the sole basis for refusal would cause referred to in paragraph 1. 1 paragraph 7, when an alien applies for the release of the next;

3) referred to in article 2. 53 paragraph 1. 1 paragraph 8 and 12, where the sole basis for refusal would cause referred to in paragraph 1. 1 paragraph 9;

4) referred to in article 2. 53 paragraph 1. 1 paragraph 15, where the sole basis for refusal would cause referred to in paragraph 1. 1 paragraph 7 or 9;

5) to the applicant for a residence permit for a period of time due to circumstances referred to in article 1. 53 paragraph 1. 1 paragraph 1, temporarily seconded to provide services on the territory of the Republic of Poland by the employer, established in the territory of a Member State of the European Union, Member State of the European free trade agreement (EFTA) is a party to the agreement on the European economic area or the Swiss Confederation, the holder to reside and of employment in the territory of that Member State, if the sole basis for refusal would cause referred to in paragraph 1. 1 paragraph 9;

6) who have reached the age of time of residence in the territory of the Republic of Poland and has submitted an application for a residence permit for a specified period of time within one year of attaining majority, when is this particularly important interests of the alien, if the sole basis for refusal would cause referred to in paragraph 1. 1, point 9.

4. (repealed).

5. (repealed).

5a. In the case referred to in paragraph 1. 1 paragraph 2a, may be granted a residence permit for a specified period of time only when the existence of serious reasons, in particular on humanitarian grounds or because of international obligations, taking into account the interest of the State that issued the alert in the Schengen information system.

6. A foreigner on the territory of the Republic of Poland, which is undesirable, you can in the decision to refuse a residence permit for a specified period of time required to leave the territory within the period specified in the decision.

7. for the decision to refuse a residence permit for a specified period of time in which undertakes an alien to leave the territory of the Republic of Poland, shall apply mutatis mutandis the rules of procedure of the obligation to leave the territory of the Republic of Poland.

8. The provisions of paragraphs 2 and 3. 1 paragraph 1 – 4 and 8 – 9 does not apply to an alien applying for a permit for a specified period of time based on art. 53 paragraph 1. 1 paragraph 19.

9. The provisions of paragraphs 2 and 3. 1 points 1, 2 and 3 – 9, and paragraphs 1 and 2. 2-7 does not apply to an alien applying for a permit for a specified period of time based on art. 53A para. 2. Article. 58. [Revocation of a residence permit for a period of time] 1. An alien shall revoke a residence permit for a specified period of time, if: 1) ceased cause, for which it was awarded;

2) had at least one of the circumstances referred to in article 1. 57 paragraph 3. 1 point 2 or 3 – 9;

3) (repealed);

4) left permanently the territory of the Republic of Poland.

2. the withdrawal of authorisation for a specified period of time shall apply mutatis mutandis to article. 57 paragraph 3. 3, 8 and 9.

3. (repealed).

4. An alien staying in the territory of the Polish Republic, which is undesirable, you can in the decision to withdraw a residence permit for a specified period of time required to leave the territory within the period specified in the decision.

5. for the decision to withdraw a residence permit for a specified period of time in which undertakes an alien to leave the territory of the Republic of Poland, shall apply mutatis mutandis the rules of procedure of the obligation to leave the territory of the Republic of Poland.

Article. 59. [obligation to leave the territory of the RP] the foreigner is obliged to leave the territory of the Republic of Poland before the end of the period of validity of the residence permit for a specified period of time, unless you have obtained the following residence permit for a specified period of time, permit or a permit for a long-term resident of the EU.

Article. 60. [application for a residence permit for a period of time] 1. Residence permit for a specified period of time shall be granted at the request of an alien.

2. A temporary residence permit for a specified period of time referred to in article 2. 53 paragraph 1. 1 paragraph 7, shall be granted at the request of an alien residing in the territory of the Polish Republic, referred to in article 2. 54, except that for authorisation a minor child, as referred to in article. 53 paragraph 1. 2 paragraph 3 and 4, is required the consent of the persons who exercise parental authority over it.

3. the application for a residence permit for a specified period of time referred to in paragraph 1. 1, may include children of the alien or others under his care.

4. an application for a residence permit for a specified period of time includes: 1) the foreigner and the data covered by the application and other people entered in the travel document of an alien, to the extent necessary to permit;

2) the place of intended stay in the territory of the Republic of Poland;

3) name, surname, date of birth, sex, nationality and place of residence of the members of the family of an alien residing in the Republic of Poland, with the determination of the degree of relationship;

4) the following information: a) travels and stays in the last 5 years, b) previous stays in the Republic of Poland;

5) indication of the means of subsistence.

4A. an application for a residence permit for a specified period of time are to be made on the form.

5. The foreigner is obliged to justify the proposal, present a valid travel document and attach to the application: 1) photographs of the people covered by the application;

2) documents necessary to confirm the data contained in the application and the circumstances justifying the application for authorisation for a specified period of time.

5a. The application shall be accompanied by: 1) title to occupy the dwelling in which the foreigner resides or intends to reside, in the case of an alien as referred to in article. 53 paragraph 1. 1, points 1, 2, 7, 9, 13 and 14 and in articles. 53A para. 1 paragraphs 1, 2 and 4;


2) the agreement of acceptance in order to carry out a research project with scientific facility established on the territory of the Republic of Poland and a written undertaking to the scientific facility to bear the costs of the stay and the expulsion of a foreigner, covered from public funds before the expiry of 6 months from the date of expiry of the contract, if the basis for his removal are the circumstances referred to in article 1. 88 para. 1, point 1, in the case of an alien as referred to in article. 53 paragraph 1. 1 paragraph 17;

3) adoption of agreement in order to carry out a research project with the scientific establishment which is resident in the territory of another than the Republic of Poland a Member State of the European Union and a written undertaking to the scientific facility to bear the costs of the stay and the expulsion of a foreigner, covered from public funds before the expiry of 6 months from the date of expiry of the contract, if the basis for his removal are the circumstances referred to in article 1. 88 para. 1, point 1, in the case of an alien as referred to in article. 53 paragraph 1. 1, paragraph 18;

4) consent of the persons who exercise parental authority over a minor foreign national applicants for a residence permit for a specified period of time.

5b. For title to occupy the dwelling in which the foreigner resides or intends to reside, are not considered to be contract lending the premises, unless the użyczającym is its descendant, initial or spouse, parents, siblings or spouse of a foreigner.

5 c. the alien referred to in art. 53B paragraph 3. 4A, attaches to request evidence of compliance with the conditions listed in that provision and the circumstances justifying the application for authorisation for a specified period of time.

5 d. To an alien as referred to in article. 53B paragraph 3. 4A, shall not apply the provisions of paragraph 1. Article 5, point 2, paragraph 2. 5A paragraph 1 and paragraph 2. 5b. 6. In particularly justified cases, when the alien does not have a valid travel document and it is not possible to obtain, can present other evidence of his identity.

Article. 60A. [approval of scientific institutions in order to carry out the research project] 1. Scientific outpost established on the territory of the Republic of Poland may conclude with the adoption of the contract researcher in order to carry out a research project, the scientific establishment has been approved for this purpose by the Minister responsible for science on the basis of the decision for a period of 5 years. In particularly justified cases, approval of the scientific establishments may be issued for a period of less than 5 years.

2. A decision on the approval seems at the request of the scientific establishment.

3. the application referred to in paragraph 1. 2, includes: 1) the name of the facility and its address;

2) a written undertaking to the scientific facility to bear the cost of residence and expulsion of the scientist, paid from public funds before the expiry of 6 months from the date of expiry of the contract, if the basis for the expulsion of the researcher are the circumstances referred to in article 1. 88 para. 1 point 1.

4. scientific Facility joins the application proof of scientific research, which in particular can be an activity report for the previous financial year, containing information about the conduct of research by that service.

5. Universities, scientific units listed in the article. 2, paragraph 9 (a). (b)-(e) of the Act of 30 April 2010 on the basis of funding science and research and development centres, referred to in the Act of 30 May 2008 on some forms to support innovative activity, are exempt from the obligation referred to in paragraph 1. 4.6. To extend the approval of the scientific institutions shall apply the provisions of paragraph 1. 1-5.

7. The current list of approved scientific institutions is published in the official journal of the Minister responsible for science.

Article. 60B. [the decision to refuse the prolongation or revoking approval of the place of science] 1. The competent Minister of science may make a decision to refuse to extend or revoke the approval of the scientific establishment, where: 1) has ceased the business of carrying out scientific research;

2) does not perform the obligations referred to in article 1. 60 d;

3) approval has been obtained as a result of the credentials of the untruths;

4) hosting agreement for the implementation of the research project was concluded as a result of the credentials of untruths.

2. Final decisions to refuse or withdraw approval of scientific institutions are published in the official journal of the Minister responsible for science.

3. scientific Facility, which has been denied renewal or approval has been withdrawn because of the circumstances referred to in paragraph 1. 1 point 2 and 3, may not re-apply for approval before the expiry of 5 years from the date when decision to withdraw approval or refusal of the extension.

Article. 60 c [Agreement between the scientific establishment and the scientist] 1. Hosting agreement for the implementation of a research project between the scientific establishment and a scientist, as a contract of employment, contract for work, or the agreement of the order, in which the researcher agrees to participate in the implementation of the research project, and the scientific establishment to create him the conditions for implementation of its obligations, specifies, in particular, the salary for the researcher and the conditions governing its work.

2. scientific Facility may conclude an agreement on adoption in order to carry out a research project, when all the following conditions are met: 1) research project has been accepted by the competent authorities of the place of science after checking: a) the purpose and duration of the research and have adequate financial resources to their carrying out, b) evidence of formal qualifications of a scientist important for purposes of scientific research;

2) scientist will have during their stay on the territory of the Republic of Poland: a) sufficient financial resources to cover the costs of their stay and return, b) health insurance within the meaning of the health care benefits financed from public funds or confirm coverage by the insurer's medical costs on the territory of the Republic of Poland.

3. adoption of the agreement for the implementation of the research project shall expire on the date on which the decision referred to in article 1. 60B paragraph. 1, became final and, in the case of refusal of entry or refusal of a residence permit for a specified period of time.

Article. 60 d [obligations of the scientific establishment] scientific Facility shall: 1) issue of an individual written undertaking to bear the costs of the stay and the expulsion of the scientist, paid before 6 months from the date of expiry of the hosting agreement for the implementation of the research project from public funds, if the basis for his removal are the circumstances referred to in article 1. 88 para. 1 paragraph 1;

2) inform immediately the voivode, which granted an alien a residence permit for a specified period of time or before which the proceedings are taking place about the grant of such authorisation, of all events that may constitute an obstacle to the implementation of the hosting agreement for the implementation of the research project;

3) pass the Minister competent for Science written confirmation of all scientific research in the framework of the research project, which involved the adoption of the agreement for the implementation of the research project, within 2 months from the date of expiry of the contract.

Article. 61. [time limit for making the application for a residence permit for a period of time] 1. An alien staying in the territory of the Republic of Poland, with the exception of an alien on the basis of the Schengen visa authorising only to entry and residence on the territory of the Republic of Poland in order to, as referred to in article. 26 paragraph. 1 paragraph 26, or an alien applying for a residence permit for a specified period of time based on art. 53A para. 2, is obliged to submit an application for a residence permit for a specified period of time at least 45 days before the expiry of the period of stay in your Visa or before the expiry of the term of validity of the previous residence permit for a specified period of time.

1a. The request submitted by an alien: 1) on the territory of the Republic of Poland on the basis of the Schengen visa authorising only to entry and residence on the territory of the Republic of Poland in order to, as referred to in article. 26 paragraph. 1 paragraph 26, or a residence permit for a specified period of time referred to in article 2. 53A para. 2, with the exception of the case of applying for a grant of a residence permit for a specified period of time based on art. 53 paragraph 1. 1 point 15, 2) referred to in article 2. 110, 3) with a consent for tolerated – leaves without resolution.

2. (repealed).

2A. If the time limit for the submission of an application was retained and the application does not contain the shortcomings of formal or formal deficiencies were supplemented within the time limit, shall be shown in the travel document of an alien stamp, which confirms that the filing of the application for a residence permit for a specified period of time.

3. If the time limit for the submission of an application was retained and the application does not contain the shortcomings of formal or formal deficiencies were supplemented within the time limit, the stay of an alien in the territory of the Republic of Poland shall be considered legal until a final decision on a residence permit for a specified period of time.

3A. The provisions of paragraph 1. 3 shall not apply in the event of interruption of the proceedings on the grant of a residence permit for a specified period of time at the request of a party.


4. If the time limit for submission of the application referred to in paragraph 1. 1, is not preserved, the foreigner is obliged to leave the territory of the Republic of Poland before the expiry of the period of stay marked in the visa, or on the basis of a temporary residence permit for a specified period of time, where the proceedings on the grant of a residence permit for a period of time was not completed before the expiry of that period.

Article. 62. [mode of issue of the decision on the discharge for a residence permit for a period of time] 1. The decision on the discharge for the residence permit for a specified period of time it seems Governor competent for the place of residence of a foreigner, and in the case of an alien residing abroad – voivode competent for the place of intended stay of a foreigner.

2. A foreigner residing abroad shall submit an application for a residence permit for a specified period of time via the Consul. The Consul shall attach to the request whether the entry and residence of an alien in the territory of the Republic of Poland pose a threat to defense or security or the protection of the safety and public order.

3. Before issuing a decision on granting a residence permit for a period of time the competent Governor is obliged to ask the Commander of the border guard Division, the police commander of the provincial police, the head of the internal security agency, and, if necessary, also to the Consul competent for the last place of residence of a foreigner abroad or to other bodies, with a request for information, whether the entry and residence of an alien in the territory of the Republic of Poland pose a threat to defense or security or the protection of the safety and public order.

4. in the case of other than a decision to grant for a specified period of time, the Governor shall inform the head of the internal security agency about the alien's application for a temporary residence permit for a specified period of time and how to settle the matter.

5. the authorities referred to in paragraph 1. 3, shall, within 30 days, and in the case referred to in article 1. 53A para. 2, within 7 days from the date of receipt of the application, provide the information, whether the entry and residence of an alien in the territory of the Republic of Poland pose a threat to defense or security or the protection of the safety and public order.

6. where the bodies referred to in paragraph 1. 3, do not communicate information within the time limits referred to in paragraph 1. 5, it is considered that the requirement for information have been met.

7. In particularly justified cases, the 30-day period referred to in paragraph 1. 5, can be extended to 3 months, of which the authority obliged to forward information shall notify the voivode.

7A. In the case concerning an alien who on the territory of the Republic of Poland intends to continue or complete studies undertaken on the territory of another Member State of the European Union, may apply to the competent authority of that Member State for information about their stay at the alien in the territory.

7B. If the foreigner can be found in the Schengen information system for the purposes of refusing entry, and there are substantial reasons to grant a temporary residence permit for a specified period of time referred to in article 1. 57 paragraph 3. 5A, the Governor shall consult the reviews referred to in article 8. 25 paragraph 2. 1 of the Schengen implementing Convention, through the Chief of police.

8. the decision to withdraw a residence permit for a period of time it seems Governor competent for the place of residence of the alien, and if the alien has left permanently the territory of the Republic of Poland is a Governor, which is a permit issued.

8A. The Governor is obliged to determine whether there are grounds for the withdrawal of a residence permit for a specified period of time, where the Schengen State shall consult on the basis of article. 25 paragraph 2. 2 the Schengen Implementing Convention.

8B. in the proceedings on the granting or withdrawal of a residence permit for a specified period of time, by following the steps to establish the circumstances referred to in article 1. 57 paragraph 3. 1, paragraph 6, does not apply. 79 of the administrative procedure code.

9. The Governor shall inform: 1) the head of the Office for aliens: a) grant for a specified period of time to an alien as referred to in article. 53 paragraph 1. 1 paragraph 13, b) refusal to grant another permit for a period of time to an alien as referred to in article. 53 paragraph 1. 1 paragraph 13, or a member of his family, c) the withdrawal of an authorisation for a specified period of time to an alien as referred to in article. 53 paragraph 1. 1 paragraph 13, or a member of his family;

2) Commander of the border guard Division and Commander of the Provincial Police to withdraw a residence permit for a specified period of time;

3) the competent authority of the Member State of the Schengen area, through the Chief of police,: a) grant for a specified period of time in the case referred to in article 1. 25 paragraph 2. 1 of the Convention implementing Schengen, b) the lack of grounds for the withdrawal of a residence permit for a specified period of time in the case referred to in article 1. 25 paragraph 2. 2 the Schengen Implementing Convention.

Article. 62A. [to take account of the date of the start of the study] when dealing with the case provide a residence permit for a specified period of time based on art. 53 paragraph 1. 1, paragraph 16, account should be taken of the timing of the launch of learning, provided for a study.

Article. 63. [Patterns of the application and certificate] 1. The competent Minister of the Interior shall determine by regulation: 1) the application form for a residence permit for a specified period of time, taking into account the data relating to an alien as referred to in article. 12, to the extent necessary to grant the residence permit for a specified period of time, and the data referred to in the article. 60 paragraph 1. 4, 2) number of photography and photography requirements attached to the application for a residence permit for a specified period of time, 3) stamp certifying the filing of the application for a residence permit for a specified period of time – bearing in mind the need to ensure the efficiency of the proceedings for granting a residence permit for a specified period of time.

2. the competent Minister of higher education, in consultation with the competent Minister of the Interior shall determine, by regulation, model certificate units leading studies on adoption of the alien in the Studio, containing in particular: the alien's name, date and place of his birth, nationality, name and address of the leading studios, starting date and period of study for which the alien has been certified.

3. the certificate referred to in paragraph 1. 2, should take into account the types and fields of study or specialties.



Chapter 4a a residence permit for a specified period of time in order to work in an occupation that requires high qualifications Art. 63A. [the granting of a residence permit for a specified period of time in order to work in an occupation that requires high qualifications] residence permit for a specified period of time in order to work in an occupation that requires high qualifications, be granted to an alien who intends to perform work in the territory of the Polish Republic in a profession requiring high qualifications for a period longer than 3 months, if: 1) the alien: a) is a party to the contract or preliminary contract of employment in an occupation that requires high qualifications for a period of at least 1 year , b) meets the eligibility requirements and other conditions if you plan to work in a regulated profession within the meaning of article 2. 2 paragraph 1 of the law of 18 March 2008 on the basis of the recognition of professional qualifications acquired in Member States of the European Union (OJ No 63, item 394), c) has a higher professional qualifications, d) have health insurance within the meaning of the Act of 27 August 2004 about health care benefits financed from public funds or confirm coverage by the insurer's medical costs on the territory of the Republic of Poland , e) has the consent of the competent authority to deal with a particular position, profession or conducting other activities when required to obtain results from separate legislation;

2) the responsibilities to an alien performing work in an occupation that requires high skills is not possible to meet staffing needs in the local market;

3) the annual gross salary, resulting from the monthly or annual salary specified in the work contract or preliminary contract, will not be lower than the minimum wage referred to in regulations issued on the basis of art. 63o article. 63B. [information about the inability to meet staffing needs in the local market] 1. To determine whether the entity who will trust the alien work it is not possible to meet staffing needs in the local market, on the basis of the information referred to in article disputes. 88c paragraph 1. 1 point 2 of the Act of 20 April 2004 on employment promotion and labour market institutions.

2. The information referred to in paragraph 1. 1, the foreigner attaches to the application for a residence permit for a specified period of time referred to in article 2. 63A. 3. The information referred to in paragraph 1. 1, there is an operator who will trust the alien performing work.




Article. 63 c. [the period of validity of the residence permit for a period of time] a temporary residence permit for a specified period of time referred to in article 2. 63A, shall be granted for a longer period of 3 months from the period of the work, but no longer than 2 years.



Article. 63d [exclusion of application of the provision in article 63a paragraph 2] Provision art. 63A, paragraph 2 shall not apply where: 1) occupation, in which the alien performs the work or the type of work that is entrusted to him, appears on the list of occupations and types of work in respect of which the information referred to in article disputes. 88c paragraph 1. 1 point 2 of the Act of 20 April 2004 on employment promotion and labour market institutions, is not required in view of the situation in the local labour market, in particular taking into account the number of registered unemployed and job seekers in the professions in relation to the number of deals reported to the district labour offices;

2) the alien possessed a work permit in the same entity of the settlor him working on the same job, or an alien applies for a subsequent residence permit for a specified period of time referred to in article 2. 63A, in connection with the performance of the work on the same subject and on the same position;

3) the alien has been legally employed in the territory of the Republic of Poland for a period of 2 years on the basis of a residence permit for a specified period of time referred to in article 2. 63A;

4) no such need arises from the separate provisions.



Article. 63E. [obligation to comply with the additional requirements referred to separate the provisions] to obtain a residence permit for a specified period of time referred to in article 2. 63A, does not release specific separate provisions of the requirements, the fulfilment of which is subject to execution of regulated professions or professional activities.



Article. 63f for [leaving the diagnosis of application for a residence permit for a period of time] request of a foreign national for a residence permit for a specified period of time referred to in article 2. 63A, left without consideration if: 1) an alien granted permission for tolerated stay, asylum or subsidiary protection, temporary protection, or he was given refugee status in the Republic of Poland;

2) an alien applying for refugee status or asylum;

3) an alien has been granted a settlement permit or a permit for a long-term resident of the EU;

4) the alien is residing in the territory of the Republic of Poland on the basis of the Schengen visa issued to referred to in article 1. 26 paragraph. 1 paragraph 26, authorizing only to enter the territory of the Republic of Poland;

5) the alien is residing in the territory of the Republic of Poland on the basis of a temporary residence permit for a specified period of time referred to in article 2. 53A para. 2;

6) the alien is residing in the territory of the Republic of Poland after the release of the decision containing the decision on expulsion or the obligation to leave the territory and not yet expired the term voluntary leave by the alien territory of the Republic of Poland, also in case of a prolongation of the term;

7) the alien has been detained, placed in the guarded centre or in custody for the purpose of expulsion, or has applied to it a preventive measure in the form of a ban on leaving the country, or where the alien was deprived of liberty as a result of the implementation of a judicial decision;

8) the alien seeks permission for a specified period of time referred to in article 2. 53 paragraph 1. 1 paragraph 17 or 18, or has such a permit;

9) the alien is an employee of an undertaking established in a Member State of the European Union and is temporarily seconded by their employer, in order to provide services on the territory of the Republic of Poland;

10) an alien is a seasonal employee;

11) an alien who has entered the territory of the Republic of Poland on the basis of the commitments set out in the international agreement, for facilitating the entry and temporary stay of certain categories of individuals involved in trade or investment.



Article. 63g. [refusal of a residence permit for a period of time] 1. An alien shall be refused to grant a temporary residence permit for a specified period of time referred to in article 2. 63A: 1) does not meet the conditions for the granting of the authorisation referred to in article 1. 63A;

2) its data in the Schengen information system for the purposes of refusing entry;

3) require that considerations of Defense or State security or the protection of the safety and public order or the interests of the Republic of Poland;

4) procedure for the award of a residence permit for a specified period of time: a) filed or joined him documents that contain false personal data or information, (b)) testified the truth or withheld the truth, or, to use the authentic podrobił or remade the document or the document as authentic use;

5) resides in the territory of the Republic of Poland illegally;

6) its data are included in the list of aliens whose stay is on the territory of the Republic of Poland undesirable;

7) the work you deliver an alien: a) has been legally punished for an offence referred to in article 2. paragraph 120. 1 of the Act of 20 April 2004 on employment promotion and labour market institutions, and within 2 years from the conviction was again punished for a similar offense, b) has been legally punished for at least one of the offences referred to in article 1. paragraph 120. 3-5 of the Act of 20 April 2004 on employment promotion and labour market institutions.

2. the Governor refuses to grant another permit for the period of time referred to in article 2. 63A, if has not received the notification referred to in the article. 63j or article. 63 k paragraph 1. 2, unless the alien has demonstrated that the notification was not delivered for reasons beyond the control of it.

3. steps to establish the circumstances referred to in paragraph 1. 1 paragraph 4, shall not apply to the provision of article. 79 of the administrative procedure code.



Article. 63 h [withdrawal of a residence permit for a period of time] 1. An alien shall revoke a residence permit for a specified period of time referred to in article 2. 63A: 1) the reasons for which that licence has been granted;

2) no longer fulfils the conditions to give your authorisation referred to in article 1. 63A;

3) at least one of the circumstances referred to in article 1. 63g paragraph 1. 1 paragraphs 3, 4, 6 or 7;

4) without the required changing the permit changed the subject to perform the work you deliver, post or remuneration referred to in the authorisation.

2. The provisions of paragraph 1. 1 paragraph 1 shall not apply, if the period of stay of a foreigner without work has not exceeded 3 months within the period of validity of the residence permit and not more than once during the period of validity of the residence permit and the alien demonstrates that complied with the notification obligation referred to in article 2. 63j, or that the notification was not delivered to the Palatine for reasons beyond the control of it.



Article. 63i. [effect of possession of a residence permit with the heading "EU blue card" on granting a permit for a specified period of time] a foreigner who has resided for a period of at least 18 months in another Member State of the European Union on the basis of a certificate issued by that State of the residence permit referred to in article 1. 1 paragraphs 1 and 2. 2 (a). and Regulation (EC) No 1030/2002, with the heading "EU blue card", and going to the territory of the Republic of Poland perform work in a profession requiring high qualifications for a period longer than 3 months, no later than within 1 month from arrival on the territory of the Republic of Poland, the Governor of the application for a residence permit for a specified period of time referred to in article 2. 63A. 63j. [obligation to notify about losing work] Alien staying on the territory of the Republic of Poland on the basis of a temporary residence permit for a specified period of time referred to in article 2. 63A, within 7 days, notify the loss of work the voivode competent for the place of current residence of a foreigner.



Article. 63 k [rise of the obligation to notify the Governor about the changes to the residence permit for a period of time] 1. During the first 2 years of stay on the territory of the Republic of Poland on the basis of a temporary residence permit for a specified period of time referred to in article 2. 63A, a foreigner is obliged to notify the voivode competent for the place of current residence of a foreigner to change other conditions than those mentioned in article 2. 63 l paragraph. 1, set out in the permit.

2. An alien staying on the territory of the Republic of Poland on the basis of a temporary residence permit for a specified period of time referred to in article 2. 63A, for a period longer than 2 years is obliged to notify the voivode competent for the place of current residence of a foreigner to change positions, remuneration or other conditions of employment set out in the permit.



Article. 63 l [restrictions on changes in the permit for a specified period of time] 1. During the first 2 years of stay on the territory of the Republic of Poland on the basis of a temporary residence permit for a specified period of time referred to in article 2. 63A, an alien may not begin work on another entity than that specified in the authorization, change position or receive a lower salary than specified in the permit, without changing the permission.


2. the change of a residence permit for a specified period of time referred to in article 2. 63A, shall not be required in the event of a change of name or legal form of the entity that will confer an alien performing work, as well as the transition at the workplace or part thereof to another party.

3. the residence permit for a specified period of time referred to in article 2. 63A, cannot be changed if: 1) the period of unemployment of the alien more than 3 months from the date of job loss to the date of submission of the application for amendment of the authorisation in connection with the change of the entity that will confer an alien performing work;

2) the alien has not informed the competent Governor of losing your job;

3) the alien no longer fulfils the conditions for the grant of the authorisation referred to in article 1. 63A. 63. [the information referred to in the decision to grant a residence permit for a period of time] in the decision to grant a temporary residence permit for a specified period of time referred to in article 2. 63A, shall be outside the period of validity of the residence permit: 1) an entity in which the alien is to perform the work;

2) position in which the alien is to be employed;

3) remuneration;

4) other conditions of employment of a foreigner.



Article. 63r. [a copy of the decision passed to the head of the Office for aliens] Governor shall forward to the head of the Office for aliens with a copy of the decision: 1), refusal and revocation of a residence permit for a specified period of time referred to in article 2. 63A, an alien who has resided for a period of at least 18 months in another Member State of the European Union on the basis of a certificate issued by that State of the residence permit referred to in article 1. 1 paragraphs 1 and 2. 2 (a). and Regulation (EC) No 1030/2002, with the heading "EU blue card";

2) to grant long-term resident EU holder for a specified period of time referred to in article 2. 63A. 63o [Delegation] the competent Minister of the Interior in consultation with the competent Minister for Labour Affairs will determine by regulation the minimum wage amount for an alien is required to grant a temporary residence permit for a specified period of time referred to in article 2. 63A, in such a way that the amount of the minimum wage is not less than the equivalent of 150% of the average annual gross salary in the Republic of Poland, calculated on the basis of messages of the President of the Central Statistical Office announced in a given year on the basis of the article. 20 of the Act of 17 December 1998 on pensions and pensions from the social insurance fund (OJ of 2009 No 153, item 1227, as amended).



Article. 63p. [the application of other provisions] To a residence permit for a specified period of time referred to in article 2. 63A, shall apply the provisions of article 5. 59. 60 paragraph 1. 1, 4, 4a, 5 and 6, art. 61 paragraph 1. 1, 2a-4, art. 62 paragraph 1. 1-7, 8, 8a and mouth. 9, paragraph 2 and 3 and article. 63 para. 1. Chapter 5 permit and a residence permit for a long-term resident EU Article. 64. [conditions for granting authorisation to settle] 1. A settlement permit is granted to an alien who: 1) is a minor child of an alien holding a permit, born on the territory of the Republic of Poland;

2) is married, with Polish citizen for at least three years before the submission of the application and immediately before the application was resided continuously on the territory of the Republic of Poland for at least 2 years on the basis of a temporary residence permit for a specified period of time;

3) immediately before the application was resided continuously on the territory of the Republic of Poland for a period of not less than 10 years on the basis of a consent for tolerated stay granted on the basis of article. 97 paragraph 1. 1 paragraph 1 or 1a or mouth. 2 of the Act of 13 June 2003 on granting protection to aliens in the territory of the Republic of Poland, or for a period of 5 years with a view to obtaining refugee status or subsidiary protection;

4) is Polish citizen and remains under his parental authority.

2. An alien residing on the territory of the Republic of Poland with a view to obtaining refugee status, subsidiary protection or consent for tolerated stay granted in connection with the examination of the application for refugee status falls within the period of continuous residence referred to in paragraph 1. 1, paragraph 3, also a period of residence at the time of the proceedings on the granting of refugee status, even if the alien was in this period, placed in a guarded centre or custody for the purpose of expulsion.

3. The procedure for granting a permit to settle an alien spouse of a citizen of the Polish article 12 shall apply. 55.4. Stay on the territory of the Republic of Poland shall be deemed to be continuous when no gaps in it was not longer than 6 months and does not exceed a total of 10 months in the periods referred to in paragraph 1. 1 paragraph 2 or 3, except that the break was caused by: 1) of professional duties or work outside the territory of the Republic of Poland, on the basis of the contract concluded with the employer, which has its seat in the territory of the Republic of Poland;

2) accompanied by a spouse carrying out professional duties or performing the work under the conditions referred to in paragraph 1;

3) (repealed);

4) treatment of an alien.

5. A settlement permit is granted for an indefinite period.

6. Permit expires by law on the date of the alien's residence permit for a long-term resident of the EU.

Article. 65. [conditions for long-term resident permit EU] 1. Residence permit for EU long-term resident shall be granted to an alien residing in the territory of the Polish Republic, immediately before the application was, legally and uninterruptedly for at least 5 years that has: 1) stable and regular source of income sufficient to cover maintenance himself and members of his family;

2) health insurance within the meaning of the provisions on universal health insurance [4] or confirm coverage by the insurer's medical costs on the territory of the Republic of Poland.

2. The provisions of paragraph 1. 1 does not apply to an alien: 1) on the territory of the Republic of Poland for the purposes of studies or vocational training;

2) with a consent for tolerated stay, asylum, refugee status in the Republic of Poland or of a beneficiary of subsidiary protection or temporary protection;

3) applying for a refugee status or asylum;

4) "au pair", a seasonal worker, the delegate by the service provider in order to cross-border provision of services or service providers providing cross-border services;

5) on the territory of the Republic of Poland on the basis of the Schengen visa authorising only to entry and residence on the territory of the Republic of Poland in order to, as referred to in article. 26 paragraph. 1 paragraph 26, or a residence permit for a specified period of time, granted on the basis of article. 53 paragraph 1. 1 paragraph 5 or 7 or article. 53A para. 1 (1) (a). and or mouth. 2;

6) referred to in article 2. 110.3. The income referred to in paragraph 1. 1 paragraph 1, after deduction of the costs of residence, attributable to each Member of the family for a dependent of an alien or foreigner, when single, must be higher than the height of the income from which is granted to cash social assistance under the Act of 12 March 2004 on social assistance.

3A. takes the view that the costs of residence referred to in paragraph 1. 3, include at least the height of the fixed charges related to the operation of occupied premises in the number of people living in this place, and fees for delivery to the premises of energy, gas, water and waste collection, waste and waste liquid.

4. for the period of stay referred to in paragraph 1. 1, do not include the alien's stay: 1) retained in a secured facility, in custody for the purpose of expulsion, in relation to which it was applied a preventive measure in the form of a ban on leaving the country or deprived of freedom on the basis of the decisions taken on the basis of the set;

2) as "au pair", a seasonal worker, the delegate by the service provider in order to cross-border provision of services or service providers providing cross-border services;

3) on the basis of the Schengen visa authorising only to entry and residence on the territory of the Republic of Poland in order to, as referred to in article. 26 paragraph. 1 paragraph 26, visa issued in order to begin or continue study or residence permit for a specified period of time, granted on the basis of article. 53 paragraph 1. 1 paragraph 5 or 7 or article. 53A para. 1 (1) (a). and or mouth. 2;

4) as the boss, a staff member of a diplomatic mission, consular and consular staff member foreign State and another person to be page aligned with them on the basis of laws, agreements or international customs established universally.

5. for the residence period referred to in paragraph 1. 1, include half the period of the alien's stay on a visa granted in connection with the serving of study or vocational training, or on the basis of a temporary residence permit for a specified period of time, provided due to circumstances referred to in article 1. 53 paragraph 1. 1 paragraph 16 or article. 53A para. 1 (1) (a). (b). 6. To determine that the stay of the alien in the territory of the Republic of Poland is unbroken, article 12 shall apply. 64 paragraph 1. 4.


6a. for the five-year period of residence in the territory of the Republic of Poland, referred to in paragraph 1. 1, include the total period of legal residence in the territory of the European Union, if the alien has resided in that territory on the basis of the residence permit referred to in article 2. 1 paragraphs 1 and 2. 2 (a). and Regulation (EC) No 1030/2002, with the heading "EU blue card" for at least 5 years, including on the territory of the Republic of Poland-for at least 2 years immediately before submitting the application for a residence permit for a long-term resident of the EU on the basis of a temporary residence permit for a specified period of time referred to in article 2. 63A. 6b. Stay of the alien in the territory of the Republic of Poland, the basis to grant him a residence permit for a long-term resident of the EU, is continued, if none of the breaks in it was not longer than 12 months and not exceed 18 months in the period of legal residence in the territory of the European Union, as referred to in paragraph 1. 6a. 7. Residence permit for EU long-term resident is granted for an indefinite period.

Article. 66. [the refusal to grant a permit to settle] 1. An alien is refused authorisation to settle, if: 1) does not comply with the requirements referred to in article 1. 64 paragraph 1. 1;

2) its data are included in the list of aliens whose stay in the territory of the Republic of Poland is undesirable;

3) its data in the Schengen information system for the purposes of refusing entry;

4) require that considerations of State security or defence or protection of the safety and public order or the interests of the Republic of Poland;

5) the basis for applying for authorisation is a marriage with a citizen of Polish, and the marriage was celebrated only in order to circumvent the provisions on the grant of a residence permit for a specified period of time or a permit to settle;

6) in proceedings for a permit to settle: a) filed or joined him documents that contain false personal data or information, (b)) testified the truth or withheld the truth, or, to use the authentic podrobił or remade the document or the document as authentic use;

7) fails with tax liabilities to the Treasury;

8) did not return the cost of expulsion, which was funded from the State budget.

2. In the case referred to in paragraph 1. 1, point 3, you can grant permission to settle only when the existence of serious reasons, in particular on humanitarian grounds or because of international obligations, taking into account the interest of the State that issued the alert in the Schengen information system.

Article. 67. [the refusal to grant a permit for a long-term resident EU] an alien refuses to grant a permit for a long-term resident of the EU, if: 1) does not comply with the requirements referred to in article 1. 65 paragraph 1. 1;

2) require that considerations of State security or defence or protection of the safety and public order.

Article. 68. [revocation of authorization to settle] 1. An alien shall be withdrawn permit if: 1) require that considerations of Defense or State security or the protection of the safety and public order or the interests of the Republic of Poland;

1A) an application for the authorization or accompanying documents contain false personal data or information;

2) in proceedings for a permit to settle testified untruths or withheld the truth, or, to use the authentic podrobił or remade the document or the document as authentic use;

3) has been convicted in the Republic of Poland for an intentional crime to punishment of at least 3 years of imprisonment;

4) left permanently the territory of the Republic of Poland.

2. In the decision to withdraw authorization to settle in the cases referred to in paragraph 1. 1 paragraphs 1 to 3, is the expulsion of a foreigner.

3. The procedure for the withdrawal of authorisation to settle, in part on a decision to expel an alien, the provisions about the expulsion.

Article. 69. [withdrawal of long-term resident EU] 1. An alien shall withdraw long-term resident permit if: 1) the acquisition of long-term resident's residence permit, the EU was in an unlawful manner;

2) it is a real and serious threat to the defense or State security or to the safety and public order;

3) has left the territory of the Republic of Poland for a period exceeding 6 years;

4) left the territory of the European Union for the period following consecutive 12 months;

5) has obtained in the territory of another Member State of the European Union long-term resident's residence permit in the EU.

2. the authority conducting the proceedings on the withdrawal of a residence permit for a long-term resident of the EU, where the circumstances referred to in paragraph 1. 1, paragraph 2, shall include: 1) the period of stay of an alien in the territory of the Republic of Poland;

2) his age;

3) the existence of a relationship with the Republic of Poland or the lack of links with the country of origin;

4) effects for the alien and his/her family members, which arise in the event of the withdrawal of authorisation.

3. In the decision to withdraw a residence permit for EU long-term residence in the cases referred to in paragraph 1. 1, paragraph 2, rules for the expulsion of an alien.

4. The procedure for the withdrawal of a residence permit for a long-term resident of the EU, in part on a decision to expel an alien, shall apply the provisions on expulsion proceedings with the exception of art. 90 paragraph 1. 2. Article. 70. [Another long-term resident permit EU] where the long-term resident's residence permit, the EU has been withdrawn for the reasons referred to in article 1. 69 paragraphs 1 and 2. 1 paragraphs 3-5, the next EU long-term resident permit is granted, the alien meets the conditions referred to in article 1. 65, that immediately before the application for the next permit should be legally and continuously in the territory of the Republic of Poland for at least three years.

Article. 71. [application for a permit to settle or long-term resident permit EU] 1. A settlement permit or a permit for a long-term resident of the EU shall be granted at the request of an alien.

2. Application for a permit to settle may include children of the alien or others under his care.

3. the application referred to in paragraph 1. 1, includes: 1) the alien, to the extent necessary for the authorisation;

2) data covered by the application and other people entered in the travel document of an alien, to the extent necessary to permit, in the case of an application for a permit to settle;

3) about travels and stays abroad in the last 5 years.

4. Application for a permit to settle or long-term resident permit the EU to be made on Forms.

5. The foreigner is obliged to justify the proposal, present a valid travel document and attach to the application: 1) photographs of the people covered by the application;

2) documents necessary to confirm the data contained in the application and the circumstances justifying the claim for a permit to settle or long-term resident permit;

3) title to occupy a dwelling in which he resides or intends to reside, in the case of applying for authorisation to settle on the basis of article. 64 paragraph 1. 1 paragraph 3 or for a residence permit for a long-term resident of the EU.

6. title to occupy the dwelling in which the foreigner resides or intends to reside, are not considered to be contract lending the premises, unless the użyczającym is its descendant, initial or spouse, parents, siblings or spouse of a foreigner.

7. In particularly justified cases, when the alien does not have a valid travel document and it is not possible to obtain, can present other evidence of his identity.

Article. 71A. [examination of the application for a permit to settle or long-term resident permit EU] 1. An alien may submit an application for a permit to settle or a residence permit for EU long-term resident at the time of the lawful residence on the territory of the Republic of Poland.

2. Application for a permit to settle or long-term resident permit the EU lodged by an alien: 1) on the territory of the Republic of Poland: a) illegally, b) on the basis of the Schengen visa authorising only to entry and residence on the territory of the Republic of Poland in order to, as referred to in article. 26 paragraph. 1 paragraph 26, c) on the basis of a temporary residence permit for a specified period of time, granted on the basis of article. 53A para. 2, d) referred to in article 2. 110, 2) residing abroad – is left without consideration.


2A. the application for a residence permit for a long-term resident EU filed by an alien as referred to in article. 65 paragraph 1. 2 paragraphs 1 to 4, or an alien staying in the territory of the Republic of Poland on the basis of a temporary residence permit for a specified period of time, granted on the basis of article. 53 paragraph 1. 1 paragraph 5 or 7 or pursuant to art. 53A para. 1 (1) (a). and, it leaves without resolution.

2B. If the alien has submitted an application at the time of the lawful residence on the territory of the Republic of Poland and the application does not contain the shortcomings of formal or formal deficiencies were supplemented within the time limit, shall be shown in the travel document of an alien stamp, which confirms the submission of an application for a permit to settle or a permit for a long-term resident of the EU.

3. If the alien has submitted an application at the time of the lawful residence on the territory of the Republic of Poland and the application does not contain the shortcomings of formal or formal deficiencies were supplemented within the time limit, the stay of an alien in the territory of the Republic of Poland shall be considered legal until a final decision on a settlement permit or a permit for a long-term resident of the EU.

4. The provisions of paragraph 1. 3 shall not apply in the event of interruption of the proceedings on the grant of authorisation to settle or long-term resident permit the EU at the request of a party.

Article. 71B. [decision on authorisation to settle or long-term resident permit EU] 1. A decision on the authorisation to settle or long-term resident permit the EU spends voivode of competent for the place of residence of a foreigner.

2. Before a decision granting authorisation to settle or long-term resident permit EU voivode competent for the place of the intended stay of the foreigner is obliged to ask the Commander of the border guard Division, the police commander of the Provincial Police and the head of the internal security agency, and, if necessary, also to other bodies, with a request for information, whether the entry and residence of an alien in the territory of the Republic of Poland pose a threat to defense or security or the protection of the safety and public order.

3. in the case of other than a decision granting authorisation to settle or long-term resident permit EU, competent for the place of intended stay of a foreigner shall inform the head of the internal security agency about the alien's application for a settlement permit or a permit for a long-term resident of the EU and how to settle the case.

4. the authorities referred to in paragraph 1. 2, shall, within 30 days from the date of receipt of the request, provide the information, whether the entry and residence of an alien in the territory of the Republic of Poland pose a threat to defense or security or the protection of the safety and public order.

5. where the bodies referred to in paragraph 1. 2, do not communicate information within 30 days from the date of receipt of the request, it is considered that the requirement for information have been met.

6. In particularly justified cases, the time limit referred to in paragraph 1. 4, can be extended to 3 months, of which the authority obliged to forward information shall notify the voivode.

6a. If the foreigner can be found in the Schengen information system for the purposes of refusing entry, and there are substantial reasons to grant the permit to settle referred to in article 1. 66 paragraph 1. 2, and before issuing a permit for a long-term resident of the EU shall seek the opinion of the Governor, referred to in article 1. 25 paragraph 2. 1 of the Schengen implementing Convention, through the Chief of police.

7. A decision to withdraw authorization to settle or long-term resident permit the EU spends voivode of competent for the place of residence of the alien, of its own motion or at the request of the Minister of national defence, the Chief of the internal security agency, Commander in Chief of the border guard, the police Chief, Commander of the border guard Division, or commander of the provincial police.

7A. in the proceedings on the granting or withdrawal of authorisation to settle, by following the steps to establish the circumstances referred to in article 1. 66 paragraph 1. 1 paragraph 6, or article. 68 para. 1, point 2, shall not apply. 79 of the administrative procedure code.

8. The Governor shall inform the head of the Office for aliens giving the alien a residence permit long-term resident EU when the alien has such authorization granted by another Member State of the European Union.

9. In the case referred to in article 1. 25 paragraph 2. 1 of the Schengen implementing Convention, shall inform the competent authority of the Member States of the Schengen area, through the Chief of the police, about the issue of a permit to settle or a permit for a long-term resident of the EU.

10. In the case referred to in article 1. 25 paragraph 2. 2 the Schengen Implementing Convention, shall inform the competent authority of the Member States of the Schengen area, through the Commander in Chief of the police, about the lack of conditions for the withdrawal of authorisation to settle or a permit for a long-term resident of the EU.

Article. 71 c. [time limit for completion of the case] 1. Cieszyn authorisation to settle or a residence permit for EU long-term resident shall be completed not later than within 3 months from the date of the opening of proceedings and appeal proceedings – within 2 months from the date of receipt of the appeal.

2. In the event of a delay of the case within the time limits referred to in paragraph 1. 1, the provisions of art. 36-38 of the administrative procedure code.

Article. 71 d [Delegation] the competent Minister of the Interior shall determine by regulation: 1) model forms applications for authorisation to settle long-term resident permit and the EU, taking into account the data relating to an alien as referred to in article. 12, to the extent necessary to grant the permit to settle or long-term resident permit and data referred to in article 1. 71 paragraph 1. 3, 2) number of photography and photography requirements attached to applications for authorisation to settle and residence permit for long-term resident EU, 3) designs stamps confirming the submission of an application for a permit to settle or an application for a residence permit for a long-term resident EU – bearing in mind the need to ensure the efficiency of the procedure for authorisation to settle and residence permit for a long-term resident of the EU.



Chapter 6 the residence card and other documents issued to foreign nationals Article. 72. [the conditions for the issuance of a residence card] 1. A residence card seems to be an alien who has been granted: 1) a residence permit for a specified period of time;

2) permit;

3 long-term resident's permit);

4) refugee status;

5) consent for tolerated stay;

6) subsidiary protection.

2. The residence card, within its validity period, confirms the identity of an alien during his stay in the territory of the Republic of Poland and entitles, together with a travel document, you can cross the border without having to obtain a visa.

3. The residence card issued to an alien who has been granted: 1) a residence permit for a specified period of time, it is valid for a period of this permit;

2) permit, is valid for 10 years;

3) the long-term resident of the EU, is valid for 5 years.

Article. 73. [the conditions for the issuance of Polish travel document] 1. Polish travel document for an alien appears on the request of a foreign national who has a permit, permit for long-term resident EU or subsidiary protection, if he lost his travel document or when his travel document was destroyed or expired, and the alien's new travel document is not possible.

2. Polish travel document for an alien entitles, within the period of its validity, the border crossing.

3. Polish travel document for an alien is valid for a period of 1 year.

4. Having a Polish travel document does not relieve the alien from the obligation to take action in order to obtain a travel document.

Article. 74. [Polish identity document of an alien] 1. Polish identity document of an alien can be released a minor alien born on the territory of the Republic of Poland, residing in that territory without parents ' care, which does not have a travel document, if it does not preclude the interests of the Republic of Poland and in favour of the best interests of the child, and getting the travel document by the encounters hard to overcome obstacles.

2. In particularly justified cases Polish identity document of an alien can be issued to an alien who has no citizenship and resides in the territory of the Republic of Poland without a travel document, if there is the interest of the Republic of Poland, and when the alien other evidence of identity is not possible.

3. Polish identity document of an alien is valid one year. After the expiry may be released another identity document for a period of not longer than 2 years.


4. the issue of Polish identity document of a foreigner in the case referred to in paragraph 1:1). 1-at the request of the legal representative of a minor or of its own motion;

2) in paragraphs 1 and 2. 2-at the request of an alien.

5. Polish alien's identity document confirms the identity of an alien during a stay in the territory of the Republic of Poland and does not confirm his nationality. This document does not entitle to cross the border.

6. Ownership by a foreigner Polish identity document of an alien does not release from the obligation to obtain a visa, a residence permit for a specified period of time, a settlement permit or a permit for a long-term resident of the EU.

Article. 75. [Provisional Polish travel document for an alien] 1. The provisional Polish travel document for an alien seems an alien having permit, permit for long-term resident EU or a consent for tolerated stay, having refugee status or subsidiary protection beneficiary, who while abroad has lost his travel document or whose travel document was destroyed or expired, offering to return to the territory of the Republic of Poland, when getting by him another travel document is not possible.

1a. A provisional Polish travel document for an alien may be granted to an alien subject to resettlement or relocation, referred to in the Act of 13 June 2003 on granting protection to aliens in the territory of the Polish Republic, which does not have a valid travel document.

2. A provisional Polish travel document for an alien may be issued to an alien residing in the territory of the Polish Republic, which does not have a travel document of the country of origin or which travel document was destroyed or expired, offering to leave this territory, when getting by him another travel document is not possible.

3. the issue of the provisional Polish travel document for an alien is at the request of an alien, the issue of this document to an alien as referred to in paragraph 1. 2, can be made with the Office. In the case referred to in paragraph 1. 1A, a request occurs the head office.

4. Provisional Polish travel document for an alien entitles an alien referred to: 1) in paragraphs 1 and 2. 1 and 1a-to single-entry on the territory of the Republic of Poland;

2) in paragraphs 1 and 2. 2-to leave the territory of the Republic of Poland.

5. Provisional Polish travel document for an alien is valid for the period in it marked, not more than 7 days.

Article. 76. [Data posted in the card of residence] 1. In the Charter of the stay shall be shown the following data: 1) first name (s) and the name of the alien and the names of the parents;

2) date, place and country of birth;

3) the address of permanent or temporary; in the absence of a temporary check-in being more than 2 months of data of the address does not misrepresent;

4) citizenship;

5) gender, growth in centimeters and eye color;

6) registration number General Electronic system of population register (PESEL)-where has been rendered;

7) information about the type of authorization;

8) "scientist" in the case of a temporary residence permit for a specified period of time granted on the basis of article. 53 paragraph 1. 1 paragraph 17 or 18;

9) "EU blue card" in the case of a temporary residence permit for a specified period of time granted on the basis of article. 63A;

10) "previously, the holder of the EU blue card" in the case of long-term resident permit the EU granted to an alien who had a residence permit for a specified period of time granted under art. 63A. 2. In the Polish travel document for an alien shall contain the following data: 1) first name (s) and the name of the alien;

2) date, place and country of birth;

3) citizenship;

4) gender;

5) full names, the date, place and country of birth and gender of accompanying an alien of his children or other minors under his care.

3. In the Polish document alien's identity shall contain the following data: 1) first name (s) and the name of the alien and the names of the parents;

2) date, place and country of birth;

3) the address of permanent or temporary; in the absence of a temporary check-in being more than 2 months of data of the address does not misrepresent;

4) gender, growth in centimeters and eye color.

4. In the provisional Polish travel document for an alien shall contain the following data: 1) first name (s) and the name of the alien;

2) date, place and country of birth;

3) citizenship;

4) gender, growth in centimeters and eye color;

5) full names, the date, place and country of birth and gender of accompanying an alien of his children or other minors under his care.

5. Residence Card and the documents referred to in paragraph 1. 2-4, also contain the name of the issuing authority, date of issue and date of expiry of the residence card or document and may include a photograph and the signature of the holder, as well as encoded data recording referred to in paragraph 1. 1-4.

6. the documents referred to in paragraph 1. 2 and 4, may also include photographs accompanying an alien of his children or other minors under his care.

7. Provisional Polish travel document for an alien may also include your name, job title and signature of the person issuing the document.

Article. 77. [Exchange of documents] the foreigner is obliged to replace your residence card, Polish travel document for an alien or Polish document alien's identity in the case of: 1) variations in data therein;

2) to change the appearance of the hindrance to determine his identity;

3) damage to their extent impeding them;

4) expiry of a residence card issued in connection with a settlement permit or a permit for a long-term resident of the EU;

5) their loss or destruction.

Article. 78. [Application for the issue or replacement of documents] 1. Application for the issue or replacement of Polish travel document for an alien, the alien's identity document Polish, the application for a provisional Polish travel document for an alien, the request for a replacement residence card contains: 1) the foreigner and covered by the application and other people entered in the travel document, to the extent necessary for the issue or replacement of a residence card or document;

2) the address of permanent residence or temporary residence being over 2 months.

2. The alien is obliged to submit a document confirming his identity, and the alien applying for a replacement card a valid travel document, and attach to the application: 1) photographs of the people covered by the application;

2) documents necessary to confirm the data and the facts stated in the application.

3. In particularly justified cases, if the alien applying for a replacement of card does not have and is not possible to obtain a valid travel document, may present other evidence of his identity.

Article. 79. [loss of documents] 1. An alien who has a residence card, is obliged to notify the voivode, who issued it, within 3 days from the date of its loss.

2. in the case of finding the lost alien residence card shall, within 3 days from the date of its find, inform the voivode and return immediately found a residence card, if in place of the lost card already.

3. the provisions of paragraphs 1 and 2. 1 and 2 shall apply in the case of loss of Polish identity document of an alien or Polish travel document for an alien.

Article. 80. [Refund documents] 1. The foreigner is obliged to return immediately: 1) residence card-after the receipt of proof of acquisition of Polish nationality, the decision to withdraw authorization for a specified period of time, a settlement permit or a permit for a long-term resident of the EU;

2) Polish travel document for an alien-after delivery of the travel document or decision to withdraw authorization to settle or long-term resident permit;

3) Polish identity document of a foreigner – after receipt of proof of acquisition of Polish nationality or nationality of another Member State.

2. The residence card, Polish travel document for an alien and the alien's identity document Polish recoverable in the event of death of a foreigner. The obligation to reimburse the people obowiązanych to report the death in accordance with the provisions of the civil status acts.

3. An alien who leaves the territory of the Republic of Poland as a result of the withdrawal of a residence permit for a specified period of time, a settlement permit or a permit for a long-term resident of the EU, seems to be a certificate of return of the residence card, Polish travel document for an alien or Polish document alien's identity, valid until he leaves the territory of the Republic of Poland.

4. Residence Card and other documents referred to in paragraph 1. 1, it returns to a body which issued it.

Article. 81. [the authorities competent to issue the documents] 1. A residence card seems like a Governor, which issued the residence permit for a specified period of time, permit or a permit for a long-term resident of the EU.


2. Polish travel document for an alien and the alien's identity document Polish it seems Governor competent for the place of residence of a foreigner.

3. Polish identity document of an alien appears after obtaining the consent of the head of the Office for aliens.

4. Provisional Polish travel document for an alien appears: 1) abroad-Consul;

2) in the country – the voivode competent for the place of residence of a foreigner, and in particularly justified cases-the Commander of the border guard establishments.

5. Exchange of residence card, Polish travel document for an alien or alien's identity document Polish voivode competent for the place of residence of a foreigner.

6. The foreigner is obliged to receive personally a residence card and other documents referred to in paragraph 1. 2-5 and, in the case of a minor under 13. years of age – receipt shall be his legal representative or guardian.

Article. 82. [refusal of documents] refusal to issue a residence card, Polish travel document for an alien, the alien's identity document Polish and provisional Polish travel document for an alien takes place by means of a decision.

Article. 83. [fee for the issue of documents] 1. A residence card, Polish travel document for an alien, the alien's identity document Polish and the provisional Polish travel document for an alien appears and lists the payment of due fees.

2. the fees shall not be liable for: 1) the residence card and other documents referred to in paragraph 1. 1, if the previously released include technical defects;

2) Provisional Polish travel document for an alien if the alien is subject to: a) expulsion from the territory of the Republic of Poland, b) resettlement or relocation and the non-valid travel document;

3) first residence card of an alien who has obtained in the Republic of Poland: a) refugee status, b) permit as a member of the immediate family repatrianta, c) consent for tolerated, d) subsidiary protection;

4) Polish identity document of an alien if it is issued from the Office.

3. Revenue from fees for the issue and replacement of a residence card and other documents referred to in paragraph 1. 1, are revenue of the State budget.

4. The proper Minister of the Interior in consultation with the competent Minister of public financies shall determine, by regulation, fees charged in the Republic of Poland for the issue and replacement of card, Polish travel document for an alien and the alien's identity document, and for the Polish edition of the provisional Polish travel document for an alien, and their pay.

5. In regulation should take into account: 1) the unit cost of production and issue or replacement of a residence card, Polish travel document for an alien and the alien's identity document Polish and release the provisional Polish travel document for an alien;

2) the possibility of increasing the fees for replacement of card, Polish travel document for an alien and the alien's identity document Polish in the case of fault of their loss or destruction, depending on the number of events causing the need to release a new residence card or document;

3) cases in which a charge discount for replacement of card, Polish travel document for an alien and the alien's identity card Polish, with an indication of the documents required to obtain relief.

Article. 84. [model documents and Forms] 1. The competent Minister of the Interior shall determine by regulation: 1) patterns of residence card, Polish travel document for an alien, the alien's identity document Polish provisional Polish travel document for an alien, having regard to the data referred to in article 1. 76;

2) model forms applications for the issue or replacement of Polish travel document for an alien, the alien's identity document Polish, the application for a provisional Polish travel document for an alien, request for replacement of card and the number of photographs and photography requirements attached to the application.

2. Specimen application form referred to in paragraph 1. 1 paragraph 2, account shall be taken of the data relating to an alien as referred to in article. 12 paragraph 1. 1, to the extent necessary for the issue and replacement of card, Polish travel document for an alien, the alien's identity document Polish and provisional Polish travel document for an alien and the data referred to in article 1. 76 and 78 para. 1.3. In the event of a change of residence card designs, Polish travel document for an alien, the alien's identity document Polish or provisional Polish travel document for an alien in the regulation referred to in paragraph 1. 1, you can specify the term of validity of the residence card or documents issued on the blank of the existing design and the date to which may be applied to forms of the previous model.

Article. 84A. [list of travelers for trips in the European Union] 1. Foreign students originating from third countries, participating in a school trip to another Member State of the European Union on the principles laid down by the provisions of the European Union [5], can be included in the list of travelers for trips in the European Union, drawn up by the Director of the school.

2. data on foreigners covered by the list of travelers for trips in the European Union and their right to enter the territory of the Republic of Poland confirms, at the request of the Director of the school, competent for the registered office of the school.

3. The proper Minister of the Interior, in consultation with the competent Minister for Foreign Affairs and the Minister for education and upbringing, shall determine, by regulation, a model form the list of travelers for the European Union, having regard to the provisions of the annex to Council decision 94/795/JHA of 30 November 1994 on a joint action adopted by the Council on the basis of art. K 3. 2 (a). (b)) of the Treaty on European Union on facilitating travel for students from third countries residing in the Member States (OJ. EC-L 327 of 19.12.1994).



Section 7 control of the legality of residence of aliens Art. 85. [controlling authorities of the legality of stay of foreigners on the territory of the Republic of Poland] 1. Border guard authorities and police have control of the legality of stay of foreigners on the territory of the Republic of Poland.

1a. the head of the Office for aliens and the Governor can exercise control over the legality of stay of foreigners on the territory of the Republic of Poland to the extent necessary to conduct the proceedings by these authorities in matters of foreigners.

1B. the Customs Authorities can control the legality of stay of foreigners on the territory of the Republic of Poland.

2. The officer of customs, border guards and police or authorised by the head of the Office for aliens or the voivode of the inspection employee may request presentation: 1) documents and permits entitling an alien to stay in the territory of the Republic of Poland;

2) means of subsistence for the duration of the intended stay and for the return to their country of origin or transit, or proof of the possibility of obtaining such measures in accordance with the law referred to in article 1. 15 paragraph 1. 1 point 2 (a). (b) from an alien staying in the territory of the Republic of Poland on the basis of a temporary residence permit for a specified period of time, a visa or an international agreement to abolish the visa obligation or unilateral abolition of the visa requirement, or to which the partial or complete abolition of visa requirement, in accordance with Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of the and those whose nationals are exempt from that requirement;

3) documents a foreigner to work, do business and delegate the work to an alien.

Article. 86. [obligation to produce documents or means of subsistence,] 1. An alien subjected to the control of the legality of residence is obliged to present documents or means of subsistence, referred to in article 1. paragraph 85. 2 if they are required.

2. The obligation to present the means of subsistence for the duration of the intended stay and for the return to their country of origin or transit, or proof of the possibility of obtaining such measures in accordance with the law does not apply to an alien who arrived on the territory of the Republic of Poland in order to connect with the family to a person who has the status of a refugee.

Article. 86. [control of legality of the alien's stay] [6] 1. The border guard, police or customs officer and an employee of the Office for aliens or regional office gets from the alien's fingerprints in order to establish the identity, if in the course of the review of the lawfulness of the residence the alien does not find the document on the basis of which to determine his identity, or where there is a reasonable suspicion as to the authenticity of the document shown by an alien.


2. The border guard, police or customs officer and an employee of the Office for Foreigners or the regional office in the course of the review of the lawfulness of their stay may download from the alien's fingerprints to verify the identity of the holder of a Schengen visa or in order to ascertain its authenticity, in case of doubt as to the identity of the alien or the authenticity of a Schengen visa.

3. determination of the alien's identity, verification of the identity of the holder of a Schengen visa or declare the authenticity of this visa is done by checking the fingerprint fingerprints taken from an alien in the visa information system.

Article. 87. [how to perform control the legality of stay of foreigners on the territory of the Republic of Poland] the competent Minister of the Interior shall determine, by regulation, the manner in which the checks the legality of stay of foreigners on the territory of the Republic of Poland, having regard to the circumstances of its conduct, the types of controlled documents and the manner and extent of the documentation of activities carried out.



Chapter 8 the excretion of foreigners and to oblige them to leave the territory of the Republic of Poland Article. 88. [Decision on expulsion from the territory of the RP] 1. To an alien it seems the decision to expel from the territory of the Republic of Poland, if: 1) resides on the territory without a valid visa, if required, or any other valid document for entry and residence on the territory;

1A) has not left the territory of the Republic of Poland after the permitted time of residence on the territory of the Schengen States for 3 months 6 months counted from the date of first entry;

2) performed work in accordance with the Act of 20 April 2004 on employment promotion and labour market institutions or took an economic activity in accordance with the provisions in force in the Republic of Poland;

3) does not have the financial resources necessary to cover the costs of residence on the territory of the Republic of Poland and may not indicate reliable sources to obtain them;

4) its data is entered to the list of foreigners whose stay in the territory of the Republic of Poland is undesirable, if the alien's entry to that territory will occur during the period of validity of the entry;

4A) its data in the Schengen information system for the purposes of refusing entry, if the alien is residing in the territory of the Republic of Poland in visa or on the basis of the Schengen visas, with the exception of visa authorising only to entry and residence on the territory of the Republic of Poland;

5) his continued stay would constitute a threat to national defence or national security or the protection of the safety and public policy or would violate the interests of the Republic of Poland;

6) contrary to the provisions of crossed or tried to cross the border;

7) voluntarily left the territory of the Republic of Poland within the time limit specified in the decision: (a)) on the obligation to leave the territory, b) to refuse to grant a residence permit for a specified period of time, (c)) to withdraw a residence permit for a specified period of time;

8) has failed to fulfill tax obligations to the State Treasury;

9) to make a custodial sentence handed down in Australia for an intentional crime or tax offence;

10) was sentenced in the Republic of Poland by a final judgment of imprisonment subject to execution and there are grounds to proceed with transferring it abroad in order to carry out the sentence handed down to him;

11) resides outside the border, in which in accordance with the authorisation to cross the border within the framework of local border traffic may be present;

12) resides in the territory of the Republic of Poland after the end of the period of stay, to which he was entitled under a permit to cross the border in the context of the local border traffic.

2. An alien who has a permit or a permit for a long-term resident of the EU, does not seem an expulsion decision.

Article. 89. [the prohibition of release and the enforcement of a decision to expel an alien] 1. The decision to expel an alien does not appear, and release does not perform, if: 1) there are grounds for granting consent for tolerated stay;

2) an alien is the spouse of a citizen of Polish or alien holding a permit or a permit for a long-term resident of the EU and his further stay does not pose a threat to national defence or national security or public safety and order, unless the marriage was celebrated in order to avoid expulsion;

3) the alien is residing in the territory of the Republic of Poland on the basis of the Schengen visa authorising only to entry and residence on the territory of the Republic of Poland in order to, as referred to in article. 26 paragraph. 1 paragraph 26, or a residence permit for a specified period of time granted on the basis of article. 53A para. 2;

4) the alien has a valid residence permit or other authorisation for stay, issued by another Schengen State and his further stay does not pose a threat to national defence or national security or public safety and order, unless he went immediately to the territory of that Member State of the Schengen area after being requested it obligation by the competent authority for issuing the expulsion decision.

2. Expulsion due to the circumstances referred to in article 1. 88 para. 1 paragraph 1 or 6, does not seem an alien temporarily delegated in order to provide services on the territory of the Republic of Poland by the employer established in the territory of a Member State of the European Union, Member State of the European free trade agreement (EFTA) is a party to the agreement on the European economic area or the Swiss Confederation, the holder to reside and of employment in the territory of that State.

3. The procedure for the expulsion of an alien as referred to in paragraph 1. 1, point 2, shall apply mutatis mutandis to article. 55. Article. 90. [content of the decision to expel] 1. In the expulsion decision: 1) defines the term voluntary leave by the alien territory of the Republic of Poland, which ranges from 7 to 30 days, with the exception of cases in which the decision shall be subject to compulsory execution pursuant to art. 95;

2) you can specify the route to the border and the place of crossing the border;

3) can designate an alien place of residence until the enforcement of the decision and require it to report at specified intervals to the authority referred to in the decision;

4) is about the prohibition of re-entry on the territory of the Republic of Poland or in the territory of the Republic of Poland and the countries of the Schengen area, and specifies the period of the ban.

1a. the period referred to in paragraph 1. 1 paragraph 1, may be extended once up to 1 year, if the provisions of Polish law require the alien's personal appearance before the Polish public authority or the presence of an alien in the territory of the Republic of Poland requires his unique personal situation or interest of the Republic of Poland.

1B. the extension of the time limit referred to in paragraph 1. 1 paragraph 1 may, at the request of the foreigner, by a decision, also after the release of the expulsion decision.

2. An expulsion decision can give rigor immediate enforceability, if required by the considerations referred to in article 1. 88 para. 1, paragraph 5.

3. An expulsion decision causes under the law annulment of national visa, a residence permit for a specified period of time, and a work permit.

4. The expulsion decision issued pursuant to article 3. 88 para. 1 paragraph 11 or 12 causes of right cancellation of authorisation to cross the border in the context of the local border traffic.

Article. 90a. [Form to communicate its decision to expel] Decisions on expulsion can be passed through to the devices to read and write characters letters on paper and via the telecommunications network and served to an alien in the form obtained in the result of such media.

Article. 91. [the prohibition to leave residence] to an alien not allowed to leave the place of residence specified in expulsion without the consent of the authority that issued the decision.

Article. 92. [the authority competent to take the decision to expel] 1. The decision to expel an alien, it seems, of its own motion or at the request of the Minister of national defence, the Chief of the internal security agency, the head of the Intelligence Agency, the Commander in Chief of the border guard, the police Chief, Commander of the border guard Division, the police commander of the provincial police, Commander of the border guard establishments or Customs authority, competent for the place of residence of a foreigner or a disclosure of fact or event contributing to request for the expulsion of an alien.

2. Governor takes note of the decision to expel in the travel document of an alien and immediately informs you about its release authority which requested that the issue of expulsion.

3. In the event of a transfer of an expulsion decision through devices to read and write characters letters on paper or through a telecommunications network and service of an alien decision in the form of obtained as a result of this media release an expulsion decision notes in the travel document of an alien body obliged to comply with the decision.


Article. 93. [the proceedings related to the adoption of a decision to expel a] 1. Authority with a request for a decision to expel an alien, or the Commander of the Provincial Police jurisdiction due to the Governor's Office, which issued the decision at the request of the Minister of national defence, Customs authority or from the Office gets from the alien, to whom the decision on expulsion, fingerprints, if they have not been collected pursuant to article 3. 14 paragraph 1. 2, art. 98 paragraphs. 4 or article. 101 paragraphs 1 and 2. 3, and draw up the photo, unless the photo was done earlier in the criminal proceedings on the basis of article. 74 § 2 paragraph 1 of the criminal procedure code or procedure for refugee status on the basis of article. 29. 1 point 2 of the Act of 13 June 2003 on granting protection to aliens in the territory of the Republic of Poland.

2. the provision of article. 14 paragraph 1. 3 applies to retrieving fingerprint impressions from an alien who has been issued with expulsion decision.



Article. 93A. [translation of an expulsion decision] 1. The authority which issued the decision on expulsion, at the request of an alien shall be in a language understood by a foreigner, a written translation of the legal basis of the decision, decision and instruction, whether and what mode you can use the reference.

2. The review body conducting the proceedings in the case of the decision to expel an alien who does not provide he is sufficiently Polish language, the ability to use the assistance of an interpreter.

Article. 94. [execution of the decision of expulsion of an alien minor] 1. The decision to expel an alien of the minor to his country of origin or to another Member State is performed only if the minor will be there provided the care of parents, other adults or care institutions, in accordance with the standards laid down by the Convention on the rights of the child, adopted by the General Assembly of the United Nations on 20 November 1989 (Journal of laws of 1991, no. 120, item 526 and with 2000 # 2 , item. 11.) 2. A minor alien can be expelled only under the care of a legal representative, unless the decision on expulsion is executed in such a way that the minor shall be representative and counsel or representative of the competent authority of the Member State to which the expulsion.

Article. 95. [compulsory execution of the expulsion decision] 1. The expulsion decision shall be subject to forced execution by bringing the alien to the border or to the State border, which is expelled, or to the airport or the sea of that Member State, if: 1) the alien is present in the guarded centre or custody for the purpose of expulsion;

2) the alien has not left the territory of the Republic of Poland within the time limit specified in the expulsion decision or the decision containing the decision on expulsion;

3) require that considerations of Defense or State security or the protection of the safety and public order or the interests of the Republic of Poland;

4) was released in connection with the fact, referred to in article 1. 88 para. 1 paragraph 7.

2. the obligation of bringing the alien to the border of the border guard Division Chief performs competent for the place of residence of a foreigner.

3. The obligation to bring an alien from the border to the airport or sea state, which is followed by expulsion, performs the Commander in Chief of border guards or the Commander of the border guard division competent according to the place in which the foreigner crosses the border.

4. The Commander of the border guard establishments recorded in the registry of cases relating to expulsion from the Republic of Poland the date of leave by an alien of that territory or shall immediately inform the voivode, who made the decision to expel.

Article. 96. [the costs of expulsion of a foreigner] 1. The costs of expulsion of an alien except in cases referred to in paragraph 1. 2-3, shall be borne by the alien.

2. the Invitation shall bear the costs of removal, if the alien, which invited, has entered the territory of the Republic of Poland in the period to which he was invited, and the circumstances justifying his removal occurred: 1) during their stay in that territory during the period covered by the call or 2) after the expiry of the period covered by the invitation, when the alien has not received a visa extension, residence permit for a specified period of time, a settlement permit long-term resident's residence permit, the EU or does not use protection on the territory of the Republic of Poland, referred to in article 1. 3 of the Act of 13 June 2003 on granting protection to aliens in the territory of the Republic of Poland, and remained in that territory.

3. the employer or the person who has entrusted an alien performing other gainful or performing the function, shall bear the costs of expulsion of an alien, where expulsion is in connection with the performance by a foreigner working in accordance with the provisions of the Act of 20 April 2004 on employment promotion and labour market institutions.

4. If an alien who has been invited, shall be subject to expulsion in connection with the performance of work in accordance with the provisions of the Act of 20 April 2004 on employment promotion and labour market institutions, removal costs shall be borne by the employer or the person who has entrusted an alien performing other gainful or performing the function.

5. where an alien staying in the territory of the Republic of Poland in order to carry out scientific research does not pay claims arising from the removal costs, these costs shall be borne by the scientific establishment, which has adopted a foreigner for the purpose of the research project, if the costs of expulsion were covered from public funds before the expiry of 6 months from the date of expiry of the hosting agreement for the implementation of the research project, and the basis for the expulsion of an alien are the circumstances referred to in article 1. 88 para. 1 paragraph 1 and the expulsion decision was released before the expiry of 6 months from the date of expiry of the hosting agreement referred to in article 1. 53 paragraph 1. 1 paragraph 17 or 18.

6. The costs of the alien's expulsion include in particular the costs of: 1);

2) download fingerprint impressions and photography execution costs;

3) stay in the guarded centre or custody for the purpose of expulsion;

4) examinations;

5) aid granted by a Member State of the European Union in connection with the use of transit by air via its territory;

6) of its journey to the frontier or to the limits of the State to which he goes or is brought, or to the airport or the sea;

7) bring to the border.

Article. 96A. [decision on the costs of expulsion of a foreigner] 1. The costs of expulsion of a foreigner, the obliged entities to pay the amounts due under it is incurred and the date and manner of their payment shall be fixed by decision, competent to take the decision to expel.

2. the Governor, who has made the decision on the costs of expulsion, may be changed, where, after her release, removal costs have changed.

3. The decision referred to in paragraph 1. 1 and 2, the rigor of immediate enforceability.

Article. 96B. [enforcement] 1. Claims in respect of the costs of the alien's expulsion failure within subject to enforcement in the provisions of the Act of 17 June 1966 on enforcement proceedings in administration (Journal of laws of 2005, no. 229, 1954, as amended), except that, in relation to the funds of an alien on the organizational unit of border guards or police authority for enforcement is the organizational unit of border guards or police.

2. The enforcement proceedings may be initiated without prior service of the notice.

Article. 96 c [Temporary cover the costs of expulsion of an alien by the Treasury] 1. Until the payment of the costs of expulsion of an alien by the entity to that required, these costs borne by the Treasury.

2. If the Receivables in respect of the costs of expulsion may not be enforced, cover them the Treasury.

3. The proceeds of paid claims for the costs of expulsion of an alien shall constitute revenue of the State budget.

Article. 97. [the term to leave the territory of the Republic of Poland] 1. In the cases referred to in article 1. 88 para. 1 paragraphs 1 to 3, 6, 11 and 12, the alien may be required to leave the territory of the Republic of Poland in the period from 7 to 30 days, when from the facts of the case show that voluntarily perform this duty.

1a. for the decision on the obligation of an alien to leave the territory of the Republic of Poland shall apply the provisions of article 4. 90 paragraph 1. 1A and 1b.

2. Decision on the obligation of an alien to leave the territory of the Republic of Poland does not seem an alien: 1) to the spouse of a citizen of Polish or alien holding a permit or a permit for a long-term resident of the EU;

2) residing on the territory of the Republic of Poland on the basis of the Schengen visa authorising only to entry and residence on the territory of the Republic of Poland in order to, as referred to in article. 26 paragraph. 1 paragraph 26, or a residence permit for a specified period of time granted on the basis of article. 53A para. 2;


3) temporarily delegated in order to provide services on the territory of the Republic of Poland by the employer established in the territory of a Member State of the European Union, Member State of the European free trade agreement (EFTA) is a party to the agreement on the European economic area or the Swiss Confederation, the holder to reside and of employment in the territory of that Member State – due to the circumstances referred to in article 1. 88 para. 1 paragraph 1 or 6;

4) if the alien has a valid residence permit or other authorisation for stay, issued by another Schengen State and his further stay does not pose a threat to national defence or national security or public safety and order, unless the alien has not went immediately on the territory of that Member State of the Schengen area, after being duly informed it about this obligation by the competent authority for the release of this decision.

2A. the decision on the obligation of an alien to leave the territory of the Republic of Poland is about the prohibition of re-entry on the territory of the Republic of Poland or in the territory of the Republic of Poland and the countries of the Schengen area, and specifies the period of the ban.

3. (repealed).

4. the decision on the obligation of an alien to leave the territory of the Republic of Poland results under the law annulment of national visa, a residence permit for a specified period of time, and a work permit.

5. the decision on the obligation of an alien to leave the territory of the Republic of Poland based on art. 88 para. 1 paragraph 11 or 12 causes of right cancellation of authorisation to cross the border in the context of the local border traffic.



Article. 97A. [the proceedings on the obligation of an alien to leave the territory of the Republic of Poland] to act on the obligation of an alien to leave the territory of the Republic of Poland shall apply the provisions of article 4. 93A. 98. [Decision on the obligation of an alien to leave the territory of the Republic of Poland] 1. Decision on the obligation of an alien to leave the territory of the Republic of Poland it seems Chief provincial police, Commander of district (municipal) police, the Commander of the border guard Division or the Commander of border guard establishments.

2. the decision referred to in paragraph 1. 1, may be appealed to the Governor of the relevant due to the seat of the authority which issued the decision.

3. The authority referred to in paragraph 1. 1, takes note of the decision on the obligation of an alien to leave the territory of the Republic of Poland in the travel document of an alien and immediately informs you about its release of the locally competent voivode, (a) in the case referred to in article 2. 88 para. 1 paragraph 11 or 12 shall inform also the Minister responsible for Foreign Affairs.

4. The authority referred to in paragraph 1. 1, gets from an alien who was issued the decision on obligation to leave the territory of the Republic of Poland, fingerprints, if they have not been collected pursuant to article 3. 14 paragraph 1. 2, art. 93 para. 1 or article. 101 paragraphs 1 and 2. 3. the 5. To retrieve the fingerprint impressions of an alien who was issued the decision on obligation to leave the territory of the Republic of Poland to apply a recipe article. 14 paragraph 1. 3.6. The Commander of the border guard establishments recorded in the registry of cases relating to the obligation to leave the territory of the Republic of Poland the date of leave by an alien of that territory or shall immediately inform the authority, which issued the decision on the obligation of an alien to leave the territory of the Republic of Poland.



Article. 98A. [revocation of prohibition of re-entry into the territory of the RP] authority which issued a decision containing a decision on the prohibition of re-entry on the territory of the Republic of Poland or in the territory of the Republic of Poland and the Schengen States, at the request of an alien may, by decision, revoke the ban, if the alien demonstrates that: 1) made a decision to expel, the decision on obligation to leave the territory of the Republic of Poland or other decision in which it was ordered re-entry ban on Polish territory or on the territory of the Republic of Poland and the Schengen States, or 2) to re-enter the territory of the Republic of Poland or in the territory of the Schengen States is to take place due to justified cases, in particular on humanitarian grounds.



Article. 98b. [denial of the withdrawal of a re-entry ban on the territory of the Republic of Poland] the authority which issued a decision containing a decision on the prohibition of re-entry on the territory of the Republic of Poland or in the territory of the Republic of Poland and the Schengen States, refuses to revoke a re-entry ban on Polish territory or on the territory of the Republic of Poland and the countries of the Schengen area, where: 1) the entry or stay of an alien would pose a threat to the defense or State security or public safety and order or would violate the interests of the Republic of Poland or 2) the alien has not paid the costs of expulsion, which was obliged to bear.

Article. 99. [Refugee decision requiring to leave the territory of the Republic of Poland and the expulsion decision] where, in relation to the decision of the principal alien to leave the territory of the Republic of Poland will be issued the expulsion decision: 1) the authority which issued the decision on expulsion, notes the expiry of the decision on the obligation of an alien to leave the territory of the Republic of Poland on the date of the decision on expulsion;

2) appeal proceedings against the decision on the obligation to leave the territory of the Republic of Poland shall be remitted.

Article. 99A. [exclusion of application of the provisions of the Act] to the foreigners and their family members who have permission to perform work in the territory of the Republic of Poland on the principles set out in the regulatory acts issued by the bodies set up by the agreement establishing an association between the European Economic Community and Turkey, signed at Ankara on 12 September 1963, shall not apply the provisions of article 4. 88, 90, 91, 95 and article. 97-99. Within the scope of those provisions, the provisions of Chapter 5 of the Act of 14 July 2006 at the entrance to the territory of the Republic of Poland, stay at and departure from the territory of nationals of the Member States of the European Union and members of their families (Journal of laws No. 144, item. 1043, as amended).



Article. 99b. [Periods of prohibition on re-entry into the territory of the RP] Re-entry ban on Polish territory or on the territory of the Republic of Poland and the Schengen States, referred to in article 2. 90 paragraph 1. 1 paragraph 4 and article. 97 paragraph 1. 2A, the following periods: 1) from 6 months to 3 years-in the cases referred to in article 1. 88 para. 1 paragraphs 1, 1a, 3, 6, 11 or 12;

2) from 1 year to 3 years-in the cases referred to in article 1. 88 para. 1 point 2 or 8;

3) from 3 years to 5 years-in the cases referred to in article 1. 88 para. 1 paragraph 4, 4a, 7, 9 or 10;

4) 5 years-in the cases referred to in article 1. 88 para. 1, paragraph 5.

Article. 100. [Detailed procedures mode] 1. The competent Minister of the Interior shall determine by regulation: 1) procedures in the expulsion of a foreigner, and in particular: the requirements, which should correspond to the application for a decision to expel an alien, and the steps that should be taken in the case, when the alien subject to deportation order does not have a travel document, taking into account the need to ensure the efficiency and regularity of proceedings;

2) the recording in the travel document of the decision on obligation to leave the territory of the Republic of Poland or an expulsion decision, providing the ability to determine when the control of the travel document of an alien, that such decisions were issued.

2. The proper Minister of the Interior in consultation with the competent Minister of public financies shall determine, by regulation, the detailed method of calculating cost: 1) the passage of the alien to the border or to the border of the country to which the alien he goes or is brought, or to the airport or the sea;

2) associated with the alien's hook-ups;

3) stay in the guarded centre or custody for the purpose of expulsion;

4) download fingerprint impressions and implementation of photography in the costs of expulsion.

3. Specifying the detailed method of calculating the costs referred to in paragraph 1. 2, account should be taken of the type used for the expulsion of an alien means of transport, the number of afferent to the border, the length of the route, the cost of food and accommodation, the value of the materials used to retrieve fingerprints fingerprint and costs of enforcement photography.



Chapter 8a Transit of an alien by air Article. 100a. [the transit of an alien by air] 1. If bringing the alien to the airport of the State to which to be expelled, it is not possible for good practical reasons using a direct flight from the territory of the Republic of Poland, Commander in Chief of the border guard makes a request to the central authority of another Member State of the European Union to allow the passage of the alien by the area of the airport of the Member State, hereinafter referred to as "transit by air".


2. Where it is necessary, the request for transit by air authorisation also applies to all persons who are responsible for the alien in transit, including having him medical care and interpreters, hereinafter referred to as "escort".

3. the Commander in Chief of the border guard shall be served on the request for transit by air central authority of the Member State of the European Union at least 48 hours before the start of the transit.

4. In urgent cases, the time limit referred to in paragraph 1. 3, shall not apply.

5. for transit by air you can proceed after authorization by the central authority of another Member State of the European Union, unless otherwise follows from the bilateral or multilateral agreements or contracts.

6. the competent Minister of the Interior shall determine, by regulation, a model application form for permission to transit by air, having regard to the provisions of Council Directive 2003/110/EU of 25 November 2003 on assistance in cases of transit for the purposes of removal by air (OJ. EU L 321 of 06.12.2003).

Article. 100B. [duration of the transit by air] 1. Commander in Chief of the border guard shall agree with the central authority of another Member State of the European Union assistance in transit by air and how to carry out for completion of transit in not more than 24 hours.

2. Where a transit by air may not be completed within 24 hours, Commander in Chief of the border guard may agree with the central authority of another Member State of the European Union its renewal, but not more than 48 hours.

Article. 100 c. [authorization to re-enter the territory of the RP] to an alien as referred to in article. 100a paragraph 3. 1, allows you to immediately re-enter the territory of the Republic of Poland, where: 1) the central authority of a Member State of the European Union withdrawn permission for transit by air;

2) during transit by air has entered without authorization on the territory of the Member State of the European Union, on which the airport is located, that is executing the transit;

3) his expulsion to the country of destination or another State of transit or his boarding the aircraft proved unsuccessful;

4) execution of the transit is not possible for another reason.

Article. 100 d. [the costs associated with the entry of an alien in the territory of POLAND] 1. The costs associated with the entry of the alien in the territory of the Republic of Poland shall be borne by the State Treasury.

2. Treasury gets assistance in transit by air provided by the other Member State of the European Union.

3. the costs referred to in paragraph 1. 1 and 2, are to be covered from the State budget of the parts, which have is the competent minister of the Interior, with the means at the disposal of the Commander in Chief of border guards.

Article. 100e. [Authorization for transit by air by the Polish airport] If bringing an alien to the airport of the State to which to be expelled from the territory of another Member State of the European Union, it is not possible using the direct flight from the territory of that State, Commander in Chief of the border guard, at the request of the central authority of another Member State of the European Union, grants authorisations for transit by air by the Polish airport.

Article. 100F. [notice of another EU Member State] 1. Commander in Chief of the border guard shall grant or refuse authorisations for transit by air the central authority of another Member State of the European Union within 48 hours from the receipt of the request.

2. In justified cases, the time limit referred to in paragraph 1. 1, may be extended by a further 48 hours.

Article. 100 g [refusal to grant authorisation for transit by air] 1. Commander in Chief of the border guard may refuse to grant authorisation for transit by air if: 1) the alien is accused in Australia of a crime or is wanted for the enforcement of the judgment;

2) transit through the territory of other States or of the adoption of the alien by the State, which is eliminated, are not feasible;

3) the execution of the expulsion decision requires a change of airport on the territory of the Republic of Poland;

4) the alien is a threat to public policy or public security, public health or the interest of the Republic of Poland;

5) provide assistance in the implementation of the transit is not possible.

2. the Commander in Chief of the border guard may revoke a permit for transit by air if the circumstances referred to in paragraph 1. 1, come to light after his award.

3. the Commander in Chief of the border guard shall immediately inform the central authority of another Member State of the European Union: 1) the refusal or withdrawal of an authorisation for transit by air;

2) about the next date on which execution of transit by air will be possible, in the case of refusal or withdrawal of authorisation for transit by air on the basis of paragraph 1. 1, paragraph 5.

Article. 100. [Aid in transit by air by the Polish airport] 1. Commander in Chief of the border guard, at the request of the central authority of another Member State of the European Union, can help in the transit by air by the Polish airport, involving in particular: 1) the acquisition of an alien on board the aircraft and conveyance under it;

2) ensuring an alien and his escort: a) necessary medical care, b) Board;

3) reception, storage and transmission of travel documents of an alien;

4) notification the central authority of another Member State of the European Union about the place and time of departure of an alien if the transit is carried out without escorts;

5) transmission of the central authority of another Member State of the European Union relevant information about the implementation of transit;

6) ensuring an alien accommodation at run time;

7) preventing attempts to prevent the implementation of transit by a foreigner.

2. the Commander in Chief of the border guard after the transit by air by the Polish airport, occurs to the central authority of another Member State of the European Union to cover the cost of the aid.

Article. 100i. [powers of the escorts while performing the transit by air by the Polish airport] 1. [7] the officers of another Member State of the European Union, a member of the escorts, during the execution of the transit by air by the Polish airport, in the case of: 1) threats and unlawful attempt on life, health or freedom of the hearing officer, 2) direct and serious threat to the alien escape, mutilation themselves or third parties or damage to property when there is no border guards or the police, or to their support – are entitled to wear the coercive measures direct referred to in article 1. 12 paragraph 1. 1 paragraphs 2, 7, paragraph 12 (a). and (d) and paragraph 13 and the use of, or the use of coercive measures, referred to in article 1. 12 paragraph 1. 1, points 1, 2, 7, paragraph 12 (a). and (d) and paragraph 13 of the Act of 24 may 2013. coercive measures and firearms (OJ poz. 628), respectively on the principles relating to the border guards.

2. The officers of another Member State of the European Union, a member of the escorts, during the execution of the transit by air by the Polish airports have the authorization to perform the transit by air, wear civilian dress and may not be armed.

Article. contains [exclusion of application of the provisions of the administrative procedure code and of the proceedings before the administrative courts] to the matters governed by this chapter shall not apply the provisions of the code of administrative proceedings and the proceedings before the administrative courts.



Chapter 8b execution of the decision of expulsion of an alien by the authority of another Member State Article. 100 k [the execution of final decision authority of another Member State to expel an alien] final decision authority of another Member State, hereinafter referred to as the "issuing Member State", the expulsion of an alien in connection with: 1) a serious and current threat to public order or national security in cases: a) a conviction of a foreigner by the State for an offence punishable by at least 1 year of deprivation of liberty or b) of reasonable suspicion of committing or intending to commit a serious criminal offence by an alien in the territory of a Member State , 2) in breach of the laws of the of that State on the entry or residence of aliens – can be done by authorities obliged to compulsory enforcement of the decision of expulsion of an alien from the territory of the Republic of Poland.


Article. 100 l. [Decision to withdraw a residence permit for a specified period of time, a settlement permit or a permit for a long-term resident EU] 1. If a decision of expulsion of an alien is issued by authority of the issuing Member State applies to an alien having a residence permit for a specified period of time, permit or a permit for a long-term resident of the EU, Commander in Chief of the border guard to the voivode competent for the place of residence of the alien's request to determine whether there are grounds for their withdrawal.

2. for the decision to withdraw a residence permit for a specified period of time, a settlement permit or a permit for a long-term resident of the EU, issued in connection with the examination of the application referred to in paragraph. 1, shall not apply the provisions of article 4. 58 paragraph 1. 4, art. 68 para. 2 and art. 69 paragraphs 1 and 2. 3. Article. 100. [Consultation] Commander in Chief of the border guard shall consult with the competent authority: 1) of the issuing Member State to confirm that the expulsion decision is still feasible, 2) of the Member State which issued the residence permit to an alien subject to a deportation order, in order to determine whether there are grounds for revocation of this permit is using all available means of cooperation and the exchange of information, including via the SIRENE bureaux referred to in article 1. 35 of the Act of August 24, 2007 on the participation of the Republic of Poland in the Schengen information system and the visa information system (OJ No 165, POS. 1170, as amended).

Article. 100N. [exclusion of the enforcement of a decision to expel an alien issued by an authority of the issuing Member State] 1. The decision to expel an alien issued by authority of the issuing Member State does not perform when: 1) there are grounds for granting consent for tolerated stay;

2) an alien is the spouse of a citizen of Polish or alien holding a permit or a permit for a long-term resident of the EU;

3) to alien refugee status determination proceedings;

4) the alien is residing in the territory of the Republic of Poland on the basis of the Schengen visa authorising only to entry and residence on the territory of the Republic of Poland in order to, as referred to in article. 26 paragraph. 1 paragraph 26, or a residence permit for a specified period of time granted on the basis of article. 53 paragraph 1. 1 paragraph 15 or article. 53A para. 2;

5) the alien has a residence permit for a specified period of time, permit or a permit for a long-term resident of the EU, refugee status, subsidiary protection or a consent for tolerated stay;

6) an alien who is deprived of his liberty as a result of the implementation of decisions on the basis of laws or shall apply to it a preventive measure in the form of a ban on leaving the country;

7) the competent authority of the issuing Member State: (a)) did not supply the documents necessary to confirm that the expulsion decision is still enforceable, b) confirmed the readiness of the reimbursement of the costs of the implementation of this decision.

2. the decision to expel an alien, or members of his family, having access to the labour market on the territory of the Republic of Poland on the principles set out in the regulatory acts issued by the bodies set up by the agreement establishing an association between the European Economic Community and Turkey, signed at Ankara on 12 September 1963, published by the authority of another Member State, can be made only when there are grounds for the expulsion of an alien from the territory of the Republic of Poland referred to in the provisions of Chapter 5 of the Act of 14 July 2006 at the entrance to the territory of the Republic of Poland, stay at and departure from the territory of nationals of the Member States of the European Union and members of their families.

3. The execution of the decision of expulsion of an alien by the authority of the issuing Member State causes of right cancellation of visa or residence permit to cross the border in the context of the local border traffic and revocation of authorization to work.

Article. 100 °. [mode of enforcement of a decision to expel an alien issued by an authority of the issuing Member State] 1. The alien, which applies to the decision of the issuing Member State enforceable by Polish authorities, is brought to the border or the border of the State to which is expelled, or to the airport or the sea.

2. where the competent authority of another Member State shall not withdrawn authorisation permit issued to an alien as referred to in paragraph 1. 1, the alien may be driven to the border of that Member State or to the airport or the sea.

3. To leave the territory of the Republic of Poland by an alien as referred to in paragraph 1. 1 or 2, the Commander in Chief of the border guard shall inform the competent authority of the issuing Member State.

Article. 100. [Costs of enforcement of a decision to expel an alien issued by an authority of the issuing Member State] 1. The costs of the implementation of the decision of expulsion of an alien by the authority of the issuing Member State shall be borne by the alien.

2. If the alien has not paid debts in respect of the costs of enforcement of a decision to expel an alien issued by an authority of the issuing Member State, Commander in Chief of the border guard makes a written request for the reimbursement of these costs to the competent authority of the issuing Member State.

3. pending payment by the foreigner claims the cost of the implementation of the decision of the authority of the issuing Member State to expel or return them by the issuing Member State, these costs are financed from the State budget of the parts, which have is the competent minister of the Interior, with the means at the disposal of the Commander in Chief of border guards.

Article. 100r. [Costs of enforcement of a decision of expulsion of an alien by the competent Polish authorities] the costs of enforcement of a decision of expulsion of an alien by the competent Polish authorities, incurred by the authorities of another Member State, are financed from the State budget of the parts, which have is the competent minister of the Interior, with the means at the disposal of the Commander in Chief of border guards.

Article. 100s of [application for reimbursement of costs] to the application for reimbursement of the implementation of an expulsion decision issued by an authority of the issuing Member State and to the reimbursement of the costs of enforcement of a decision of expulsion of an alien by the competent Polish authorities, incurred by the authorities of another Member State, shall apply to the Council decision of 23 February 2004 laying down the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of expulsion decisions third-country nationals (OJ. EC-L 60 of 27.02.2004, p. 55; Oj. EU Polish Special Edition, chapter. 1, vol. 5, p. 25).

Article. 100t. [the application of the provisions of the Act] for the implementation of an expulsion decision issued by an authority of the issuing Member State shall apply mutatis mutandis the provisions of article 4. 94 and article. 95, and chapters 8a-10.

Article. 100u. [national contact point of the Member State], Commander in Chief of the border guard acts as a national contact point of the Member State within the meaning of article 3. 3 paragraphs 1 and 2. 4 Council decision of 23 February 2004 laying down criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Council Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third-country nationals, and in particular the agreed amount and method of reimbursement of the costs of the implementation of the decision of expulsion of an alien by the competent Polish authorities, incurred by the authorities of another Member State and furthermore: 1) shall transmit to the competent authorities of the Member State documents that perform the decision of expulsion of an alien by the competent authorities of the Polish, in order to confirm that the expulsion decision is still enforceable;

2) shall transmit to the competent authorities of the Member State which carry out expulsion decision issued by another Member State, whether there are grounds for the withdrawal of the alien, whose decision concerned a residence permit for a specified period of time, a settlement permit, a permit for a long-term resident of the EU, a residence permit or temporary residence permit.

Article. 100W [Definition of the Member State] Contained in article 3. 100 k-100u, the term "Member State" means the Member State applying Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third-country nationals.



Chapter 9 in the case of detention of a foreigner, place it in a guarded centre or apply to the pre-trial detention to expulsion Article. 101. [the detention of a foreigner] 1. The alien, to whom the circumstances justifying the issuance of an expulsion decision or which evades the implementation of the obligations laid down in the decision on expulsion, may be detained for a period not exceeding 48 hours.

2. Detention of a foreigner makes a border guard or the police.

3. the authority, which stopped an alien should immediately download the imprints of your fingerprint and, depending on the circumstances:


1) apply to the Court with an application for placing an alien in the guarded centre or apply to the pre-trial detention to expulsion;

2) occur to the Governor with a request for a decision to withdraw authorization to settle or long-term resident permit;

3) occur to the Governor with a proposal for a decision to expel an alien;

4) do the enforcing, in particular by bringing the alien to the border or the border of the State of which the foreigner is expelled, or to the airport or the sea.

3A. A detained alien shall be: 1) if within 48 hours from the moment of detention has not been passed to the disposal of the Court together with the application for placement in a guarded centre or the application of pre-trial detention to expulsion;

2) if within 24 hours from the time to place at the disposal of the Court he was not served with the order placed in a guarded centre or on the use of pre-trial detention to expulsion;

3) on order of the Court;

4) If termination of the cause of detention.

3B. with respect to the unregulated by the Act to stop an alien applies to the code of criminal procedure.

4. In the case of obstacles which makes it impossible to bring an alien into the guarded centre or in the detention to expulsion or adopt it there, the alien may be placed in a separate room of the border guard or the police for those detained, pending the removal of this obstacle.

5. To an alien in the room referred to in paragraph 1. 4, shall apply mutatis mutandis the rules of their stay at guarded centre or custody for the purpose of expulsion.

6. the provision of article. 14 paragraph 1. 3 applies to retrieve fingerprints fingerprint an alien detained pursuant to paragraph 1. 1.7. The competent Minister of the Interior shall determine, by regulation, the pattern of the fingerprint card, which gets the fingerprints of the alien pursuant to paragraph 1. 3, art. 14 paragraph 1. 2, art. 93 para. 1 or article. 98 paragraphs. 4, having regard to the reason for the download fingerprint impressions.

Article. 101a. [placing a minor alien in a nursing education] 1. Authority, that stopped the minor alien staying in the territory of the Polish Republic, may apply to the Court for the place of detention of unaccompanied minor applying for listing it in nursing education.

2. Costs associated with the location and the stay of the minor alien in a nursing education are financed from the State budget of the parts, which have is the competent minister of the Interior, with the means at the disposal of the Commander in Chief of the border guard or Police Chief.

Article. 102. [Placing an alien in the guarded centre, house arrest to expulsion] 1. The alien shall be placed in a secured facility, if: 1) there is a risk of absconding alien against whom expulsion proceedings;

2) him a decision containing the decision on expulsion without the rule on the period of time to leave the territory of the Republic of Poland;

3) has not left the territory of the Republic of Poland within the time limit specified in the decision that contains a decision on expulsion;

4) crossed or tried to cross the border illegally.

1a. The risk of carbon leakage, as referred to in paragraph 1. 1, paragraph 1, in particular, in cases where the alien: 1) declares a lack of willingness to comply with obligations arising from the decision containing the decision on expulsion;

2) does not have documents certifying their identity upon illegal crossing the border;

3) entered and resides in the territory of the Republic of Poland during the re-entry ban on Polish territory or on the territory of the Republic of Poland and the Schengen States.

2. Detention for the purpose of expulsion shall apply to the foreigner, if any of the circumstances referred to in paragraph 1. 1, and there is concern that the alien fails to fulfil an rules stay in force guarded resort.

Article. 103. [the prohibition of placing an alien in the guarded centre or in the detention order to expel] Provisions to place an alien in the guarded centre or to apply to the detention for the purpose of expulsion does not appear, if this could cause danger to his life or health.

Article. 104. [in the case of placing an alien in the guarded centre or apply to the pre-trial detention to expulsion] 1. Placing an alien in the guarded centre or apply to the pre-trial detention to expulsion takes place by order of the Court.

2. the order referred to in paragraph 1. 1, it seems, at the request of the Governor, the border guard authority or the police, the district court competent for the registered office of the authority making the request.

3. the request for placing an alien in the guarded centre or to the detention to expulsion should contain: 1) first name (s), surname, gender, and the names of the parents;

2) date, place and country of birth;

3) citizenship;

4) place of residence;

5) the legal basis of the application;

6) an indication of the guarded centre or in the detention to expulsion, in which the foreigner should be placed;

7) indicate the period for which shall be an alien in the guarded centre or in the detention to expulsion;

8).

4. In the case of placing an alien in the guarded centre or apply to the pre-trial detention to expulsion is carried out on the basis of the provisions of the code of criminal procedure, except that the functions of the public prosecutor can act as a representative of the Governor, the border guard or the police.

5. The district court competent for the location of the secure or pre-trial detention to expulsion, in which is placed the foreigner, supervises the implementation of the provisions of the placement of an alien in the guarded centre or the provisions on the use of pre-trial detention to expulsion.

Article. 105. [activities related to the provision to place an alien in the guarded centre or apply to the pre-trial detention to expulsion] 1. The Court, by order of placing an alien in the guarded centre or apply to the detention for the purpose of expulsion shall take the necessary steps to protect the property of an alien and notify issued order: 1), the competent diplomatic representation or consular office – with the consent of the alien, which applies;

2) guardianship, if there is a need to establish custody remain under his care;

3) social welfare authority, if there is a need for environment accompanied by niedołężnej or ill, that the alien be looked after;

4) person indicated by an alien.

2. Of the measures taken and issued regulations and of the remedies available to an alien rights in proceedings before the Court the Court shall inform the alien in a language understood by him.

Article. 106. [the period of stay in the guarded centre or in custody for the purpose of expulsion] 1. The Court, by order of placing an alien in the guarded centre or to apply to the pre-trial detention to expulsion, means the period of stay in the guarded centre or in custody for the purpose of expulsion, not longer than 90 days.

2. The period of stay in the guarded centre or custody for the purpose of expulsion may be extended for a specified period, necessary for the implementation of an expulsion decision has not been made due to the fault of the foreigner. Period of stay in the guarded centre or in custody for the purpose of expulsion shall not exceed a year.

3. The district court competent for the location of the secure or pre-trial detention to expulsion, in which is placed the alien, shall make an order to extend the period of stay of an alien in the guarded centre or custody for the purpose of expulsion at the request of the holder to bring the alien to the border or to the State border, which is expelled, or to the airport or the sea.

4. The provision referred to in paragraph 1. 3, is entitled to appeal to the competent District Court within 7 days from the date of service of the order. The Court shall consider the complaint without delay.

Article. 107. [the order to dismiss the alien secured or pre-trial detention to expulsion] 1. The order to release the foreigner secure or pre-trial detention to expulsion seems, in the case of: 1) the removal of the cause of supporting the use of these resources;

2) finding that the circumstances referred to in article 1. 103;

3) finding of other circumstances than those referred to in art. 103, that prevent the application of those measures;

4) revocation or annulment of the decision of expulsion of an alien from the territory of the Republic of Poland;

5) give an alien refugee status, subsidiary protection or asylum;

6) to grant an alien permission for tolerated stay;

7) apply to an alien detention or other remedy entailing deprivation of liberty.

2. the order to dismiss in the case referred to in paragraph 1. 1 paragraphs 1 to 3 and 7, it seems, at the request of the alien or the body to which the secured hotel or house arrest to expulsion, the district court competent for the registered office of the authority.


3. the order to dismiss in the case referred to in paragraph 1. 1 paragraph 4 – 6, it seems the authority which issued the final decision.

4. An alien in the guarded centre or in custody for the purpose of expulsion of the releases in the case of: 1) the expiry of the period of stay specified in the order referred to in article 1. 106 paragraph 1. 1 and 2;

2) order of the release of the alien secured the resort or detention to expulsion;

3) the implementation of an expulsion decision.

5. Release the foreigner secure or from custody in order to expel the authority governing the secure Center or detention to expulsion, it shall immediately inform the Court which issued the decision to place an alien in the guarded centre or to apply to the detention for the purpose of expulsion.

Article. 108. [compensation for damage suffered and reparation for harm suffered] 1. An alien is entitled to from the State Treasury compensation for the damage suffered and reparation for harm suffered in the case undoubtedly erroneous: placed in a guarded centre or apply to the detention for the purpose of expulsion.

2. the Matters referred to in paragraph 1. 1, is carried out on the basis of the provisions of the code of criminal procedure concerning compensation for wrongful conviction, detention or retention.

Article. 109. [financing of guarded centres] 1. Guarded centres are financed from the State budget of the parts, which have is the competent minister for Home Affairs.

2. The proper Minister of the Interior, by regulation, creates and removes the guarded centres, specifies the border guard authority, which the resort is to be, and may indicate the period of time necessary for its functioning, having regard to the existing needs.

3. The proper Minister of the Interior shall designate, by order, where it is executed the arrest to expulsion, in particular taking into account the need for the rational use of these spaces.



Chapter 10 foreigners in the guarded centre or in custody for the purpose of expulsion Article. 110. [the legality of stay of an alien in the guarded centre or in custody for the purpose of expulsion] stay on the territory of the Republic of Poland an alien detained, placed in a secured facility, in custody for the purpose of expulsion, in relation to which it was applied a preventive measure in the form of a ban on leaving the country or deprived of freedom as a result of implementation of judgments based on set, shall be regarded as legal.

Article. 111. [acceptance of a foreigner to secure or pre-trial detention to expulsion] 1. The adoption of a foreigner to secure or pre-trial detention to expulsion is based on a court order to place an alien in the guarded centre or to apply to the alien's detention to expulsion.

2. The alien is obliged by the guarded centre or in the detention order to expel provide personal data and information about the place or residence in the country of origin, as well as health.

3. The alien is obliged to provide to deposit secure, or pre-trial detention to expulsion: 1) identity documents, money and valuables;

2) technical devices used for recording and playback of information;

3) audio-visual equipment, computer and other items, if the head of the border guard or authority or the police, to which the Center or detention is subject to, will not allow them in the room for foreigners or in a cell residential area;

4) items that may pose a threat to the order or safety at or custody.

4. at the pre-trial detention to expulsion is obliged to provide to deposit also objects whose dimensions or quantity infringe the detention order.

Article. 112. [Notice the alien of the remedies available to him the rights and obligations of] an alien having entered the guarded centre or in the detention to expulsion should be advised, in a language which he understands language, your rights and obligations and become familiar with the rules governing it at guarded centre or custody for the purpose of expulsion.

Article. 113. [medical examination] 1. Foreigner adopted to secure or pre-trial detention to expulsion shall be subjected to medical examination immediately and, if necessary, treatment.

2. The doctor carrying out the study referred to in paragraph 1. 1, and with the medical care of foreigners in a guarded centre or custody for the purpose of expulsion is obliged to carry out medical records according to the rules.

3. the costs referred to in paragraph 1. 1, are financed from the State budget of the parts, which have is the competent minister for Home Affairs.

Article. 114. [Room for foreigners, living cell] 1. Foreigner adopted to secure the places in a room for foreigners, a foreigner accepted for custody in a cell.

2. Room size for foreigners or living cell must be not less than: 1) 3 m2 – on one man;

2) 4 m2 for one woman or minor.

3. Room for foreigners and living cell shall be equipped with equipment for an alien separate sleeping place, the relevant hygiene conditions, a sufficient air supply and appropriate to the seasons of the year, according to the standards laid down for the living quarters, as well as lighting adequate for reading.

Article. 115. [Joint and separate place aliens at] 1. Aliens of the opposite sex shall be separately.

2. An alien which resides in a secured facility along with a minor under his care will be provided, as far as possible, common room for foreigners.

3. The minor who is in a secured facility without a guardian shall be placed in a separate part of the facility in a way that prevents contact with adults in a resort.

4. Aliens who declare that they are people wearing your loved ones, shall be, at their written request, to the extent possible, in the same room for foreigners.

Article. 116. [Clothing, cleaning] 1. An alien placed in a guarded centre or staying in custody for the purpose of expulsion uses its own clothing, underwear and footwear.

2. If the items referred to in paragraph 1. 1, are not suitable for use or if their use is not allowed for hygienic reasons, the alien may receive a fee clothing, underwear and footwear – adapted to the seasons of the year. If the alien can not make their purchase-delivery of these items should be made free of charge.

3. The alien shall charge cleaning necessary to maintain personal hygiene.

Article. 117. [Powers of an alien in the guarded centre and staying in custody for the purpose of expulsion] 1. An alien placed in a guarded centre or staying in custody for the purpose of expulsion shall be entitled to: 1) contact the Polish State authorities, as well as with the diplomatic representation or consular office of a foreign country, in matters of personal and official;

2) contact with NGOs or international agencies providing assistance, especially legal aliens;

3) dispose of the transferred deposit of the objects referred to in article 1. 111 paragraph 1. 3 paragraph 2 and 3 and paragraphs 1 and 2. 4, if these items are not secured in the provisions on administrative enforcement;

4) for medical care and placed in a health care facility, if his health;

5) uninterrupted sleep from 2200-600 and 700 hours on public holidays and at other times, if this is not contrary to the stay in the resort or custody;

6) for sanitation and cleaning supplies needed to maintain personal hygiene;

7) having objects of religious worship, religious practices and the use of religious ministries and listening to or watching in the living quarters or in location services transmitted by the mass media, in a way which does not disrupt the established order at or in custody;

8) use of the press, the purchase of the press with their own financial resources and having her in the room for foreigners or in a cell residential area;

9) purchase from its own financial resources of food and personal effects, used to maintain personal hygiene, and having them in the room for foreigners or in a cell residential area; possession of these items in the living cell is possible if they themselves or their packaging do not represent a threat to the order or safety in custody;

10) purchase from its own financial resources, stationery, books, games, cerebral palsy and having them in the room for foreigners or in a cell residential area;

11) receiving packages with clothing, shoes and other items of personal use and with the measures opatrunkowymi and hygiene, as well as with medications that can be passed with the consent of the doctor, after checking their contents in the presence of the alien;

12) conduct the correspondence and use of means of communication, at its own expense; in random situations, an alien may be allowed to use the means of communication or mail at the expense of the Centre or detention;

13) submission of requests, complaints and requests to:


and the head of the border guard authority or Centre) or the authority of the police, which the resort is, b) the officer in charge of the operation of the detention or the border guard authority or Police Authority, which is subject to arrest;

14) visiting with those loved ones in specially designed rooms, with the agreement of the border guard authority or Police Authority, to which the Center or detention shall be subject to, or a person authorised by that authority.

2. An alien may use other than those referred to in paragraph 1. 1, with the authorization of the border guard authority or Police Authority, which guarded the resort or house arrest to expulsion is subject to, or a person authorised by that authority.

3. An alien placed in a secured facility, in addition to the powers referred to in paragraph 1. 1, has the right to: 1) purchase of own funds of tobacco and having them in the room for foreigners;

2) move through the area at the time and place designated by the head of the Centre;

3) using the library;

4 sport and recreation equipment) at the time and place specified by the Manager.

3A. the minor residing in a secured facility may participate, at a time and place specified by the head of the facility or the officer responsible for its functioning, educational classes-educational and sports and recreation. Programme of activities should be adapted to the age of the minor and the length of his stay in the territory of the Republic of Poland.

4. A foreign national staying in custody for the purpose of expulsion beyond the powers referred to in paragraph 1. 1, has the right to: 1) of daily one-hour walk in the open air, unless otherwise follows from the recommendations of the doctor;

2) contact with other foreigners who are in custody, with the permission of the officer serving in custody, in a specific place and time;

3) use games cerebral palsy, without gambling, at the time and place specified by the officer serving in custody;

4) purchase of own funds of tobacco and smoking tobacco, with the permission of the officer serving in police custody, the site for this set.

5. secure the Manager or officer in charge of the operation of the detention to expulsion or border guard authority or the authority of the police, which the Center or detention is subject to, it may allow the alien to have room for foreigners or cell residential audiovisual equipment and other items, including raising the aesthetics of the room or the expression of the cultural interests of the alien.

Article. 118. [health services, medicines, meals] 1. An alien placed in a guarded centre or staying in custody for the purpose of expulsion receives health benefits, medicines, sanitary and food and beverages. Health services, medicines and sanitary articles alien receives on the principles set out in the Act of 6 June 1997 – Kikwit (Journal of laws No. 90, item 557, as amended), applicable to those embedded in the prisons and detention centres.

2. The proper Minister of the Interior shall determine, by regulation, conditions for receiving food and drinks by foreigners placed in a guarded centre or staying in custody for the purpose of expulsion and the value of the daily food standards, having regard in particular to the age, health, and religious and cultural requirements of feeding aliens.

Article. 119. [Obligations of an alien in the guarded centre and staying in custody for the purpose of expulsion of] an alien placed in a guarded centre or staying in custody for the purpose of expulsion is obliged: 1) comply with the terms and conditions of stay at the resort or custody;

2) carry out the instructions of the Administration, or the hearing officer serving in custody;

3) abide by the silence of the night from 2200-600, and on holidays until 700;

4) abide by the rules of social conduct;

5) take care of personal hygiene and the cleanliness of the premises;

6) use of the equipment, or in such a way as to custody;

7) in the event of the occurrence of the symptoms of the disease immediately notify administration or officer serving in custody; an officer serving in the custody should immediately inform also of harming or other dangerous consequences.

Article. 120. [Prohibitions applicable to an alien in the guarded centre] included an alien in the guarded centre it is prohibited to: 1) arbitrary out outside the resort or in places to which the Administration has released no trespassing;

2) disrupting peace and order at;

3) have, in addition, technical devices for recording and reproducing information, as well as items that may pose a threat to the order or safety at;

4) have rooms for aliens items whose dimensions or quantity infringe order at;

5) drinking alcohol and taking of narcotic drugs or psychotropic substances;

6) smoking tobacco products beyond the designated;

7) deny taking meals provided by the Administration, causing home damage the body or his health, as well as inciting or aiding in making such acts is to enforce a specific decision or conduct;

8) to communicate with those strangers and foreigners in other rooms to foreigners, if it would violate this order at;

9) of making arbitrary changes to the room for foreigners and the place designated for sleeping;

10) gambling devices and participate in them.

Article. 121. [pregnant women] 1. In custody for the purpose of expulsion may be the woman to the seventh month of pregnancy.

2. The border guard Authority or Police Authority, which the house arrest to expulsion, is obliged in good time, before the end of the sixth month of pregnancy the woman in custody, apply to the Court to place her in a secured facility.

Article. 122. [refund and deposit items] 1. Alien zwalnianemu guarded or pre-trial detention to expulsion seems provided by him to deposit money and items.

2. If proceeds to the enforcement of a decision of expulsion of an alien in the guarded centre or staying in custody for the purpose of expulsion, identity documents and items referred to in article 1. 111 paragraph 1. 3 paragraph 2 and 4, of the deposit of the Commander of the convoy and return them to an alien at the border guard, which is followed by expulsion from the territory of the Republic of Poland, or on the border of a Member State or at an airport or sea state, which is followed by expulsion.

3. At the request of an alien being unloaded from the guarded centre or in the detention to expulsion, items transferred to the deposit can be issued to a person authorized by him in writing or specified by the institution or organization. The cost of issue from deposit shall be borne by the alien.

Article. 123. [the Organization and rules of guarded centres and detention centres for the purpose of expulsion] 1. The competent Minister of the Interior shall determine, by regulation, conditions, which should be guarded centres and prisons in order to expel and order solutions terms and conditions of stay of foreigners in a secured facility and custody for the purpose of expulsion, in particular taking into account the conditions of the deployment in the rooms for aliens and residential purposes, and also internal order and custody.

2. the competent Minister for internal affairs may specify, by regulation, ways to protect guarded centres and detention centres for the purpose of expulsion, in view of the organizational structure of the border guard and the police, border guards and the police employed in guarded centres or detention centres for the purpose of expulsion, as well as the conditions for access to the centres and detention centres for non-officers of the border guard or police or their employees.



Section 11 registers, records and a list of cases the aliens Article. 124. [Records in matters concerning entry, stay and departure of foreigners from the territory of the Republic of Poland] 1. In matters concerning the entry, residence and departure of foreigners from the territory of the Republic of Poland shall be included in the information system: 1) records of cases relating to: a) visas, b) authorisations for a specified period of time, (c)) permits to settle, d) issue of the Polish identity, e) issue provisional Polish travel document for an alien f) obligation to leave the territory of the Republic of Poland, g) expulsion from the Republic of Poland , h) people who are granted entry permits on the basis of article. 21A paragraph. 1, i) detainees in the frontier zone and pictures from the border, j) residence permits of long-term resident EU, k) foreigners, from whom the fingerprints are taken on the basis of article. 14 paragraph 1. 2, art. 93 para. 1, art. 98 paragraphs. 4 and art. 101 paragraphs 1 and 2. 3, l) a Polish travel document for an alien m) speech of entry into the territory of the Republic of Poland,


n) the implementation of an expulsion decision issued by an authority of another Member State applying Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third-country nationals;

2) the register of fingerprints fingerprint taken from foreigners on the basis of article. 14 paragraph 1. 2, art. 93 para. 1, art. 98 paragraphs. 4 and art. 101 paragraphs 1 and 2. 3;

3) records calls;

4) list of aliens whose stay in the territory of the Republic of Poland is undesirable, hereinafter referred to as ' list '.

2. the register referred to in paragraph 1. 1 (1) (a). n, may be carried out on kartotecznym.

Article. 124A. [Records related to crossing of the border in the context of the local border traffic] 1. In matters concerning the small border traffic is carried in the information system: 1) the register of applications for a permit to cross the border in the context of the local border traffic and issued, cancelled or withdrawn the authorisation referred to in article 2. 12 paragraph 1. 2 Regulation No 1931/2006;

2) a register of cases of abuse local border traffic rules and sanctions for abuse of these rules, referred to in article 2. 17 paragraph 1. 3 Regulation No 1931/2006.

2. the register referred to in paragraph 1. 1:1) in paragraph 1, leading the Consul, Commander of the provincial police, Commander of district (municipal) police, Commander of a border guard facility, the Commander of the border guard Division, each within its jurisdiction;

2) in paragraph 2, the Commander of the police district chief regional leads (municipal) police, Commander of a border guard facility, the Commander of the border guard Division and the Governor, each within its jurisdiction.

3. In the registry applications for a permit to cross the border in the context of the local border traffic and issued, cancelled or revoked permits, collects information about: 1) applications and issued administrative decisions in matters of issue or withdrawal of an authorisation;

2) the date of issue, the number, and expiry of validity of the residence permit to cross the border in the context of the local border traffic;

3) on behalf of (names), the name (names), date of birth, nationality and place of residence of the alien;

4) lost, damaged or destroyed permits to cross the border in the context of the local border traffic.

4. In cases of abuse registry rules for local border traffic and sanctions for abuse of this policy collects information about: 1) on behalf of (names), the name (names), date of birth, nationality and place of residence of a foreigner who has resided on the territory of the Republic of Poland cross-border zone, in which in accordance with the permit to stay, or after the expiry of the period of stay, to which he was entitled on the basis of a residence permit;

2) fines imposed on a foreigner for being: a) cross-border zone, in which in accordance with the authorisation to cross the border within the framework of local border traffic may be, or (b)) on the territory of the Republic of Poland after the end of the period of stay specified in the permit to cross the border in the context of the local border traffic;

3) decisions on the obligation to leave the territory of the Republic of Poland, or to expel, issued in connection with a violation of by an alien principles of local border traffic;

4) decisions to cancel the authorisation to cross the border in the context of the local border traffic.

Article. 125. [leading Authorities records] 1. The records referred to in article 1. 124:1) point 1 (b). and, the Commander of a border guard facility, the Commander of the border guard Division, Commander in Chief of the border guard, Governor, Senator, minister responsible for Foreign Affairs and head of the Office for aliens, each within its jurisdiction;

2) in paragraph 1 (b). b – d, g, j, l, leads the Governor;

3) paragraph 1 (b). e, Governor, Senator and Commander of the border guard facilities, each within its jurisdiction;

4) point 1 in subparagraph (a). f and k, Commander of the provincial police, Commander of district (municipal) police, the Commander of the border guard Division and Commander of the border guard facilities, each within its jurisdiction;

5) paragraph 1 (b). h, leading Commander in Chief of border guards;

6) in point 1, in paragraph (a). and, leading the Commander of the border guard Division;

6a) paragraph 1 (b). m, the Commander of border guard establishments leads and Commander in Chief of the border guard, each within its jurisdiction;

6B) paragraph 1 (b). n, leading Commander in Chief of the border guard;

7) in point 2, the lead Commander in Chief of police.

2. the Records referred to in article 1. 124, paragraph 3, leading the Governor.

3. a list of the leading Chief of the Office for aliens.

Article. 126. [information stored in the registers] 1. In the registers referred to in article 1. 124 section 1:1) in paragraph (a). a – c, j, m, stores the information of the applications, issued orders, administrative decisions and judgments of the Court, and in addition to the data referred to in article 1. 12: a) in (b). and, for foreign nationals covered by the proceedings on the issue and renewal of a Schengen visa or a visa national and or the annulment or revocation of a Schengen visa or a visa national, b) in (b). (b) concerning foreigners subject to proceedings for the issue and revocation of a residence permit for a specified period of time, and the date of issue, the number, and expiry of a residence card, (c)) in (a). (c) concerning foreigners subject to proceedings for the issuance and revocation of authorization to settle and the date of issue, the number, and expiry of a residence card, d) in subparagraph (a). j, on foreigners covered by the proceedings for the issuance and revocation of authorization to a long-term resident of the EU, and the date of issue, the number, and expiry of a residence card, e) in subparagraph (a). m, for foreign nationals covered by the proceedings in the case of the decision to refuse entry to the territory of the Republic of Poland;

2) in subparagraph (a). d, e, l, stores the name (s) and surname, date and place of birth and nationality of the alien, date of issue, the number and expiry date, a series of Polish identity document of an alien, the provisional Polish travel document for an alien or Polish travel document for an alien, as well as information on applications for and the exchange of, and decisions to refuse those documents;

3) in (a). (f), stores the data of foreigners required to leave the territory of the Republic of Poland, the decisions on the obligation to leave the territory of the Republic of Poland and of the date on which the alien leaves the territory of the Republic of Poland;

4) in subparagraph (a). g, stores the data of foreigners expelled from the territory of the Republic of Poland, and information about the decisions on expulsion from the territory of the Republic of Poland and of the date on which the alien leaves the territory of the Republic of Poland;

5) in (a). h, it stores the data of persons who have been granted leave to enter on the basis of article. 21A paragraph. 1;

6) in point (a). and, it stores the data detained persons in the frontier zone and pictures from the border;

7) in paragraph (a). k, it stores the name (s) and surname, date and place of birth and nationality of the alien, from which you downloaded the fingerprints, the legal basis for the download fingerprint impressions, and the name of the person that takes fingerprints;

8) (a). n, stores the data of foreigners, which was taken by the enforcing authority of the issuing Member State, and the date the alien territory of the Republic of Poland.

2. fingerprint fingerprint registry, taken from an alien pursuant to art. 14 paragraph 1. 2, art. 93 para. 1, art. 98 paragraphs. 4 and art. 101 paragraphs 1 and 2. 3, shall be the legal basis for the download fingerprint fingerprints, date of collection and fingerprints fingerprint card information or download fingerprints using electronic devices to retrieve fingerprints and the following data of the alien: 1) first name (s) and last name;

2) date and place of birth;

3) citizenship.

3. In the records of the calls shall be kept data about yourself and an alien referred to in article 1. 16 paragraph. 2. Article. 127. [transmission of data related to retrieving fingerprint fingerprints] Authorities, who take the fingerprints of the alien, are obliged to communicate to the police Chief Commissioner the data referred to in the article. paragraph 126. 2, and fingerprint impressions taken Dactyloscopic card or device to download electronic fingerprints.

Article. 128. [alien Data stored in the list] 1. In the list of stores the data of an alien to whom any of the following circumstances: 1) was released the decision containing the decision on the prohibition of re-entry on the territory of the Republic of Poland or in the territory of the Republic of Poland and the countries of the Schengen area;

2) (repealed);

3) the alien has been convicted: a) in the Republic of Poland for an intentional crime or tax offence to a fine or imprisonment of up to one year, b) in another Member State than that of the Schengen area for a crime constituting a crime of common law is also Polish, c) Schengen State for an offense to imprisonment of more than one year;

4) the alien has failed to fulfill tax obligations to the State Treasury;


5) entry or stay of an alien are undesirable due to the obligations arising from the provisions of the ratified international agreements the Republic of Poland;

6) entry or stay of an alien are undesirable due to the threat for the defense or the security of the State or public safety and order or could affect the interests of the Republic of Poland.

1a. The list does not misrepresent the data of the alien: 1) the spouse of a citizen of Polish and staying on the territory of the Republic of Poland spouse's alien who has a settlement permit or a permit for a long-term resident of the EU, unless his stay on the territory of the Republic of Poland is a threat to the defense or State security or public safety and order;

2) holding a permit or a permit for a long-term resident of the EU;

3) staying on the territory of the Republic of Poland on the basis of a temporary residence permit for a specified period of time granted on the basis of article. 53 paragraph 1. 1 paragraph 15 or article. 53A para. 2 paragraph 4, unless the stay on the territory of the Republic of Poland is a threat to the defense or State security or public safety and order.

1B. where the decision referred to in paragraph 1. 1, paragraph 1, was given the rigor of immediate enforceability, data of an alien can be placed in the list on the basis of that decision, even if it is not final.

2. The list shall be the legal basis and the actual entry and the following data of the alien: 1) first name (s) and surname (other names if you use);

2) maiden name;

3) the names of the parents;

4) date and place of birth;

5);

6) citizenship;

7) place of residence.

3. the alien shall be placed on the list for a period of: 1) specified in decision containing a decision on the prohibition of re-entry on the territory of the Republic of Poland or in the territory of the Republic of Poland and the countries of the Schengen area;

2) (repealed);

3) (repealed);

4) (repealed);

5) 5 years from the date of termination of executing a custodial done on the basis of the judgments referred to in paragraph 1. 1, paragraph 3, if the alien has been sentenced to a minimum of 3 years ' imprisonment;

5A) 3 years from the date of termination of executing a custodial done on the basis of the judgments referred to in paragraph 1. 1, paragraph 3, if the alien has been sentenced to imprisonment up to 3 years;

5B) 3 years from the date when the judgment referred to in paragraph 1. 1, paragraph 3, if it is decided to the alien a fine; If a fine is the only punishment, which has been declared to a foreigner and is paid, the data of the alien shall be deleted from the list;

5 c) conditional suspension of sentence of imprisonment from the date when the judgment referred to in paragraph 1. 1, paragraph 3, if the alien was sentenced to a penalty involving deprivation of liberty with a conditional suspension of its execution;

6) year from the date of settlement of tax liabilities to the State Treasury or from the date on which these obligations are to lapse;

7) deriving from international agreements applicable to the Republic of Poland, referred to in paragraph 1. 1, paragraph 5;

8) to 3 years in the case referred to in paragraph 1. 1 paragraph 6, with a possible extension for further periods not exceeding 3 years.

3A. (repealed).

4. the data of the alien shall be deleted from the list after the expiry of the periods referred to in paragraph 1. 3, and when an affirmative decision to withdraw a re-entry ban on Polish territory or on the territory of the Republic of Poland and the countries of the Schengen area has become final.

Article. 129. [authority entries on the list] 1. Entry to the list, the extension of the duration of the entry and deletion of this entry is made the head of the Office for Foreigners of its own motion or at the request of: 1) the Minister of national defence;

2) the proper Minister of public financies;

2A) the Minister responsible for Foreign Affairs;

3) Commander in Chief of police;

4) Commander in Chief of the border guard;

5) head of internal security agency;

6) head of intelligence agencies;

7) the President of the Institute of National Remembrance-Commission for the prosecution of crimes against the Polish Nation;

8) Governor;

9) Consul.

2. If the head of the Office for aliens does not take into account the proposal of the authority referred to in paragraph 1. 1, the authority may request a request for decision to the competent Minister for Home Affairs.

3. In the case referred to in paragraph 1. 2, the competent minister of the Interior may grant the application and order the authority to the head of the Office for aliens entry to the list, the extension or cancellation.

Article. 130. [provide information justifying the alien's details to the list] 1. Government authorities that have information about the circumstances justifying the type data of an alien as referred to in article. 128 paragraph 1. 1, in the list, are obliged to pass them on to the head of the Office for aliens.

2. the authority, which issued the decision containing the decision on the prohibition of re-entry on the territory of the Republic of Poland or in the territory of the Republic of Poland and the Schengen States, is obliged to forward to the head of the Office for Foreigners a copy of that decision, when it becomes final.

3. the Court, which sentenced the alien for an offence referred to in article 1. 128 paragraph 1. 1 paragraph 3 (b). a or c shall be obliged to forward to the head of the Office for Foreigners a copy of the final judgment.

4. the Court, which sentenced the alien for an offence referred to in article 1. 128 paragraph 1. 1 paragraph 3 (b). a or c, with a conditional suspension of enforcement of a sentence, is obliged to forward to the head of the Office for Foreigners a copy of the judgment, which ordered the execution of the penalty that has been conditionally suspended.

Article. 131. [request of an alien information, rectification or deletion of the data] 1. An alien may submit an application for: 1) for information about entering their personal data to the list or to the Schengen information system;

2) correcting his/her personal data contained in the list or in the Schengen information system, if it finds that they are not true;

3) deletion of his personal data contained in the list or in the Schengen information system, if they have been put there as a result of the error.

1a. A proposal on data contained in the Schengen information system can apply only to data that is typed by the head of the Office for aliens for the purposes of refusing entry.

2. the head of the Office for aliens is obliged to examine an application referred to in paragraph 1. 1, and answer within 30 days from the date of its receipt.

3. In proceedings instituted at the request referred to in paragraph 1. 1, the head of the Office for aliens granted an alien only information about entering their personal data to the list or of the Schengen information system for the purposes of refusing entry, the period of validity of the legal basis of the entry entry, and in the cases referred to in article 1. 128 paragraph 1. 1 paragraph 1, also at the basis of the actual entry.

4. The proceedings in the cases referred to in paragraph 1. 1 – 3, the provisions of the administrative procedure code of certificates.

Article. 131a. [View document] 1. The head of the Office for aliens allows an alien whose data have been included in the list, at his request, review the documents relating to the entry in the list in the field: his personal data, the term entry, the legal basis of the entry, and in the cases referred to in article 1. 128 paragraph 1. 1, paragraph 1, concerning also the factual basis of the entry. Provision of art. 73 of the administrative code shall not apply.

2. the provision of paragraph 1. 1 applies also to view documents relating to the data entry of the alien into the Schengen information system by the head of the Office for aliens for the purposes of refusing entry.

Article. 132. [Stay] 1. The head of the Office for Foreigners creates and leads in national ICT set of registers, records, and in cases of aliens named "System".

2. Stay System consists of: 1) the registers referred to in article 1. 124 (1) (a). a-h, j, l, m, with the exception of records kept by the Consul and the Minister responsible for Foreign Affairs;

2) the records referred to in article 1. 124 section 3;

3) the list referred to in article 2. 124, paragraph 4;

3A) the registers referred to in article 1. 124A;

4) registry of refugee status and granting subsidiary protection and for assistance to foreigners seeking refugee status;

5) registry cases of expulsion of persons having refugee status;

6) registry cases for asylum;

7) registry of consent for tolerated stay;

8) registry matters for temporary protection;

8A) register of cases on the basis of Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining a request for asylum lodged in one of the Member States by a third-country national (OJ. EU L 050 from 25 Feb 2003, p. 1; Oj. EU Polish Special Edition, chapter. 19.6, p. 109);

9) registry residence of a citizen of the European Union;

10) register family member residence card of a citizen of the European Union;

11) register of documents confirming the right of permanent residence;


12) registry permanent residence card of a family member of a citizen of the European Union;

13) registers the applications, issued regulations and decisions: a) for national visa to repatriation, b) to assist returnees from the funds of the State budget, c) the recognition of a repatriate;

14) records of applicants for entry visa to repatriation and members of their families, not in the of the Republic of Poland provided housing or livelihood;

15) a central register of the data acquisition and loss of citizenship of the Polish.

Article. 133. [sharing] 1. The data processed in the system stay in the registry referred to in article 2. paragraph 124. 1 (1) (a). k and n, and fingerprint fingerprint registry, taken from an alien pursuant to art. 14 paragraph 1. 2, art. 93 para. 1, art. 98 paragraphs. 4 and art. 101 paragraphs 1 and 2. 3, provides: 1) police, 2) border guard authorities, 3) to the head of the internal security agency, 4) to the head of intelligence agencies, 4a) to the head of central anti-corruption Bureau, 5) the Minister of national defence, 6) the Minister competent for the public finances, 7) the Minister competent for internal affairs, the Ministry of Foreign Affairs is competent to 7a);

8) Council for refugees, 9), 10) Administrative Court, 11) the Prosecutor, 12) the Palatine, 13) the Consul, the head of the Military Counterintelligence Service) 14 and the head of Military Intelligence Service, 15) Master Commissioner military police – to the extent necessary for the performance of their statutory tasks.

1a. The data processed in the registers referred to in article 1. paragraph 124. 1 (1) (a). a – e and j, carried out in the system Stay provides to the Minister competent for Economic Affairs to the extent necessary to carry out the central registration and information on economic activity.

2. data processed in the system stay in the registry referred to in article 2. paragraph 124. 1 (1) (a). k and n, and fingerprint fingerprint registry taken from an alien pursuant to art. 14 paragraph 1. 2, art. 93 para. 1, art. 98 paragraphs. 4 and art. 101 paragraphs 1 and 2. 3, are provided at the written request of the entity referred to in paragraph 1. 1, that the request for access to data processed in the registry the fingerprint fingerprints taken from an alien who has been issued with expulsion decision may submit also the head of the Office for aliens.

3. Data processed in the system stay in the registry referred to in article 2. paragraph 124. 1 (1) (a). k and n, and fingerprint fingerprint registry taken from an alien pursuant to art. 14 paragraph 1. 2, art. 93 para. 1, art. 98 paragraphs. 4 and art. 101 paragraphs 1 and 2. 3, you can share, without the submission of a written application, referred to in paragraph 1. 2, using devices to personal data, referred to in paragraph 1. 1 which satisfy the following conditions: 1) have to register in the system Stay who, when, what, and what the data obtained;

2) have technical and organisational security preventing the use of the data in accordance with the objective to obtain them;

3) it is justified by the specificity of or the scope of tasks.

4. the authority obliged to keep records and the records referred to in article 1. paragraph 124. 1 (1) (a). a-h, j-l, n, and paragraphs 2 and 3, article. 124A and in art. paragraph 132. 2 paragraph 4 to 15, have access to data processed in the system stay in the registry referred to in article 2. paragraph 124. 1 (1) (a). k and n, and fingerprint fingerprint registry taken from an alien pursuant to art. 14 paragraph 1. 2, art. 93 para. 1, art. 98 paragraphs. 4 and art. 101 paragraphs 1 and 2. 3, in respect of the data collected in the registers and records of the authority.

5. the Authority referred to in paragraph 1. 1 paragraphs 12 and 13, does not provide data about the legal basis and the actual entry to the list.

6. Data processed in the system Stay provides a head of the Office for aliens, the data processed in the register referred to in article 1. paragraph 124. 1 (1) (a). k – the Commander of the provincial police, Commander of district (municipal) police, the Commander of the border guard Division or the Commander of the border guard facilities, each within its jurisdiction, the data processed in the register referred to in article 1. paragraph 124. 1 (1) (a). n-Commander in Chief of the border guard, and the data processed in the registry the fingerprint fingerprints taken from an alien pursuant to art. 14 paragraph 1. 2, art. 93 para. 1, art. 98 paragraphs. 4 and art. 101 paragraphs 1 and 2. 3-Commander in Chief of police.

Article. 133A. [exclusion of application of the provision] Provision art. 133 do not apply to the processing of fingerprints fingerprint taken from an alien to their post in the travel document provided for in the Geneva Convention, processed in the registry of refugee status and granting subsidiary protection and for assistance to foreigners seeking refugee status.

Article. 134. [transfer of data abroad from the system Stay] the information contained in the system Stay may be transferred abroad, when the allow international agreements, which is associated, the Republic of Poland.

Article. 134a. [transfer of data to the Schengen information system] Data of the foreigner, with the exception of data of nationals of the Member States of the European Union, the Member States of the European free trade agreement (EFTA) parties to the agreement on the European economic area or the Swiss Confederation, stored in the list on the basis of: 1) art. 128 paragraph 1. 1 paragraph 1 with the exception of the data of an alien who has a decision containing a decision on the prohibition of re-entry is only on the territory of the Republic of Poland, 2) art. 128 paragraph 1. 1 paragraph 3 or 6, 3) art. 77 of the law of 14 July 2006 at the entrance to the territory of the Republic of Poland, stay at and departure from the territory of nationals of the Member States of the European Union and members of their families – are passed to the Schengen information system for refusal of entry at the period of storing them in the list.



Chapter 12, the liability of the carrier Article. 135. [obligation to check the documents] 1. The carrier, which is by air or sea brought the alien to the border, is obliged to take action to ensure that a foreigner wishing to enter the territory of the Republic of Poland has a valid travel document entitling them to cross the border, the required visa or any other valid document for entry and residence in the territory, to be admitted to another Member State or residence permit in another State If such authorisations are required.

2. the obligation referred to in paragraph 1. 1, also applies to carriers performing regular passenger services in international road transport, with the exception of border traffic.

Article. 136. [obligation to dismantling an alien] 1. The carrier, which by air, sea or land brought the alien to the border, is obliged to immediately take him to the country from which it brought to the boundary, and when this is not possible – to the country in which the alien has been issued the travel document on which he traveled, or to any other country, which ensures that it will adopt, where: 1) an alien refused entry to the territory of the Republic of Poland;

2) an alien passenger through the territory of the Republic of Poland in transit authorities of the Member State of destination or bordering the territory of the Republic of Poland refused entry or the carrier who had it carried to that State, refused to perform the carriage.

2. If circumstances prevent the execution of the obligation, referred to in paragraph 1. 1, the carrier is obliged to provide, at your expense, another means of transport in order to immediately leave for the alien territory of the Republic of Poland.

Article. 137. [Precepts and prohibitions shall be issued to an alien] to an alien as referred to in article. 136 para. 1, you can, by decision: 1) order being in place until he leaves the territory of the Republic of Poland;

2) prohibit leaving the aircraft or marine;

3) order to leave the territory of the Republic of Poland on board another aircraft or a marine than the one on which he arrived.

Article. 137a. [costs of stay of an alien in the territory of the Republic of Poland by the carrier] if the circumstances referred to in article 1. 136 para. 1, the costs of the alien's stay on the territory of the Republic of Poland until he leaves the territory shall be borne by the carrier.

Article. 138. [administrative penalty imposed on the carrier] 1. On the carrier by air or sea brought to the border of the alien does not have a valid travel document to cross the border, visa or any other valid document for entry and residence in the territory of the Republic of Poland, entry permits to another Member State or residence permit in another State if such authorisations are required, administrative penalty shall be imposed in the amount equivalent of 3000 to 5000 euros per person transported , except that the sum of the penalties for a single importation of a group of persons shall not exceed the equivalent of 500 000 euro.

2. the provision of paragraph 1. 1 also applies to carriers performing regular passenger services in international road transport, with the exception of border traffic.


3. The conversion of the equivalent of euro referred to in paragraph 1. 1, gold shall be made according to the average exchange rate announced by the Polish National Bank for that currency on the date of the decision on the imposition of an administrative penalty.

Article. 139. [the competent authorities for issuing the decision] 1. Decisions in the cases referred to in article 1. paragraph 137. 1, seems like a competent Commander of outposts of border guards and gives them rigor immediate enforceability.

2. The decision of the Commander of the border guard establishments may be appealed to the Commander in Chief of border guards.

3. the Administrative Penalty, referred to in article 1. 138, at the request of the Commander of the border guard facility in which an alien was refused entry, impose on the carrier, by a decision, the competent due to established of the requesting authority.

Article. 140. [Convoy foreigner] 1. [8] in the case when the behavior of an alien who has been refused entry to the territory of the Republic of Poland, justifies the assumption that it may cause a security risk in the international civil aviation, communication, or at sea, the Commander of the proper place of border guards, at the request of the authorized representative of the carrier and at the expense of the carrier provides to bring such an alien.

2. the costs of the convoy include costs directly related to the carriage, as well as the costs of benefits konwojentom for trips outside the country.



Chapter 13, the head of the Office for aliens Article. 141. [the head of the Office for aliens] 1. The head of the Office for aliens, hereinafter referred to as the "Head Office", is the central organ of government administration competent in matters of entry to foreigners on the territory of the Republic of Poland, transit through this territory, stay on it and exit from it, granting refugee status, granting asylum to foreigners, consent for tolerated and the granting of temporary protection, with the exception of cases reserved for other organs.

2. the competent Minister for Internal Affairs supervises the head office.

Article. 142. [Call Head Office] 1. The head of the Office is appointed by the President of the Council of Ministers, out of people selected through an open and competitive recruitment, at the request of the Minister of internal affairs. President of the Council of Ministers is referenced by the head office.

2. The proper Minister of the Interior, at the request of the head of the Office, the Deputy Head of the Office, out of people selected through an open and competitive recruitment. The competent Minister for internal affairs references, at the request of the head of the Office, his Deputy.

2A. the position of the Head Office can deal with a person who: 1) has a master's degree in or equivalent;

2) is a citizen of Polish;

3) enjoys the full rights;

4) not been convicted by a final judgment for an intentional crime or tax intentional crime;

5) has the powers of leadership;

6) has at least 6-year length of service, including at least 3 years work experience in a managerial position;

7) has the education and knowledge of cases belonging to the properties of the head office.

2B. About the vacancy on the head of the Office shall be by placing an advertisement in a publicly accessible place on the premises of the Office and in the Bulletin of public information Office and the Bulletin of public information the Chancellery. The advertisement should contain: 1) the name and address of the Office;

2) specifying the position;

3) requirements associated with the position arising from law;

4) the scope of the tasks that you perform on the job;

5) an indication of the required documents;

6) date and place for the submission of documents;

7) information on the methods and techniques of recruitment.

2 c. the period referred to in paragraph 1. 2B paragraph 6, shall be not less than 10 days from the date of publication of the notice in the Bulletin of public information the Chancellery.

2D. Recruitment for the position of the head of the Office shall be carried out, the team, appointed by the Minister of the Interior, with at least 3 people whose expertise and experience give a guarantee to identify the best candidates. In the course of recruitment shall be assessed the candidate's professional experience, the knowledge necessary for the exercise of the tasks of the position, which is carried out recruitment and competence management.

2E. the assessment of the knowledge and competence management, referred to in paragraph 1. 2D, may be made on behalf of the team by a person other than a member of a team that has qualified to make this assessment.

2f. The team member and the person referred to in paragraph 1. 2E, are required to maintain the confidentiality of information about applicants for the position, obtained during the recruitment.

2 g in the course of the recruitment team emerges not more than 3 candidates, which the Minister competent for internal affairs.

2. The study recruitment team draws up a protocol containing: 1) the name and address of the Office;

2) specifying the position, to which was recruitment, and the number of candidates;

3) names, the names and addresses of not more than 3 best candidates ranked according to the level of compliance with the requirements set out in the notice of vacancy;

4) about the applied methods and techniques of recruitment;

5) justification for selection or the reasons for the niewyłonienia candidate;

6) the composition of the team.

2. The result of recruitment shall be immediately by placing the information in the Bulletin of public information Office and the Bulletin of public information the Chancellery. Information about the outcome of the selection contains: 1) the name and address of the Office;

2) specifying the position, to which was recruitment;

3) first names, last names of selected candidates and their place of residence within the meaning of the provisions of the civil code or about niewyłonieniu.

2j. the inclusion in public information Chancellery of vacancies and the outcome of this selection is free of charge.

2. The team carrying out recruitment for the posts referred to in paragraph 1. 2, shall appoint a head of the Office.

2 l. How to carry out recruitment for the posts referred to in paragraph 1. 2, shall apply mutatis mutandis to paragraph 1. 2A – 2j.

3. the head of the Office shall carry out its tasks with the assistance of the Office for aliens, hereinafter referred to as "the Office", which is the Office of the Government.

4. the President of the Council of Ministers at the request of the Minister of Internal Affairs, by order, gives the Office the Statute specifying its organization, guided by the scope of the tasks of the Head Office and the need to ensure the smooth functioning of the Office.

5. the head of the Office may carry out its tasks with the assistance of delegations.

6. At the Office can be employed officers of the border guard, State Fire Department, the police, Government Protection Bureau, internal security agency and foreign intelligence agency, on the terms specified in separate regulations.

Article. 143. [Task of the head of the Office] 1. The tasks of the Head Office: 1) issue decisions and arrangements and instance and examining appeals from decisions and complaints the provisions issued in and by other bodies in matters governed by: (a)) in this Act, (b)) in the law of 13 June 2003 on granting protection to aliens in the territory of the Polish Republic, c) in the Act of 14 July 2006, at the entrance to the territory of the Republic of Poland , stay at and departure from the territory of nationals of the Member States of the European Union and members of their families;

2) issue of the decision on the discharge for the permit to settle, as referred to in article. 15 of the Act of 9 November 2000 on repatriation;

3) provide assistance to foreigners seeking refugee status, to the extent and under the conditions provided in the law of 13 June 2003 on granting protection to aliens in the territory of the Republic of Poland;

4) arranging and conducting of training in matters belonging to the competence of the head of the Office;

4A) the transmission to the competent authorities of the other Member States of the Schengen area, through the Commander in Chief of the police, the legal and factual information relating to the basis for entry to the objectives set out in article 1. 25 of the Convention implementing Schengen;

5) control of the exercise by provincial governors the tasks referred to in the laws mentioned in paragraph 1;

5A) the exercise of the functions of the Central Polish visa authority;

6) transfer of authorities of the Member States of the European Union the information referred to in article 1. 62 paragraph 1. 9, paragraph 1 and article. 71B paragraph. 8.

7) forwarding to the competent authorities of the Member States of the European Union, at their request, information about their stay at the alien, as referred to in article. 53 paragraph 1. 1, paragraph 16, if he intends to continue in their territory or to supplement studies undertaken on the territory of the Republic of Poland;

7A) to act as national contact point referred to in article 2. 12 paragraph 1. 2 Regulation No 1931/2006, and provide the relevant bodies with States already applying this regulation and the Commission information stored in the registry cases of abuse local border traffic rules and sanctions for abuse of these rules, referred to in article 2. 17 paragraph 1. 3 Regulation No 1931/2006;

8) perform other tasks specified in the Act and in legislation separate.

2. the head of the Office is the higher degree within the meaning of the administrative code in relation to the Governor on matters governed by the laws mentioned in paragraph 1. 1 point 1.

Article. 144. (repealed).


Article. 145. [Seal of the head of Office] the Head Office uses round stamp with the image of the Eagle established by the formula national coat-of-arms.

Article. 146. [the delegation Office] the competent Minister of the Interior in consultation with the competent Minister of public administration may, by regulation, to create and put up with the delegation of Authority, stating their territorial jurisdiction and activities, including permissions Manager delegation to issue, under the authority of the Head Office, administrative decisions, in the case of justified a significant increase in the number of applications for refugee status, referred to in the law of 13 June 2003 on granting protection to aliens in the territory of the Republic of Poland.



Chapter 14 criminal Provisions Art. 147. [responsibility for appropriate and use documents] Who takes to misappropriation or usurps the travel document, a residence card, Polish travel document for an alien, a temporary Polish travel document for an alien, alien's identity document or Polish document uses shall be subject to a fine, the penalty of restriction of liberty or imprisonment for 2 years.

Article. 148. [responsibility for misconduct] 1. Who: 1) resides on the territory of the Republic of Poland, not with this title, 2) at the request of the competent authorities does not turn out documents and permits entitling it to stay in the territory of the Republic of Poland or the financial means necessary to cover the costs of residence on the territory, 3) repealed the obligation to exchange a residence card, Polish travel document for an alien or alien's identity document Polish, 4) does not perform the obligation to leave the territory of the Republic of Poland is specified in an expulsion decision issued pursuant to article 3. 88 para. 1, 5) does not perform reporting obligations at specified intervals to the authority referred to in the decision to expel, 6) leaves the place of residence of the designated him an expulsion decision, 7) does not leave the territory of the Republic of Poland within the time limit specified in the decision: (a)) of the refusal or revocation of a residence permit for a specified period of time, (b)) to withdraw authorization to settle, c) to withdraw a residence permit for a long-term resident EU , d) on the obligation to leave the territory of the Republic of Poland, 8) does not notify the loss of card, Polish travel document for an alien or Polish document alien's identity, within the period referred to in article 1. 79 paragraph 1. 1, 9) returns not found the residence card, Polish travel document for an alien or Polish document alien's identity when he was issued a new residence card or a new document, within the period referred to in article 1. 79 paragraph 1. 2, 10) has entered the territory of the Republic of Poland on the basis of a permit to cross the border in the context of the local border traffic and a) resides outside the zone cross-border, within the framework of which the holder is entitled to move, or (b)) does not leave the territory of the Republic of Poland after the end of the period of stay specified in that authorisation-is punishable by a fine.

2. To rule in cases of acts referred to in paragraph 1. 1, follows in the provisions of the code of conduct in cases of misconduct.

3. A penalty issued in proceedings prescriptive is immediately enforceable.



Chapter 15 changes to the existing Article. 149. (omitted).

Article. 150. (omitted).

Article. 151. (omitted).

Article. 152. (omitted).

Article. 153. (omitted).



Chapter 16 transitional and final provisions Article. 154. [Granting a residence permit for a period of time] 1. An alien whose stay on the territory of the Republic of Poland on the date of entry into force of the law is illegal and residing in the territory continuously at least since 1 January 1997, which lodges in the period to 31 December 2003, the application for a permit for a specified period of time, the voivode competent for the place of residence of the alien will this permit for a period of 1 year If this does not cause the risks for the defense or the security of the State or public safety and order or a burden on the State budget and will not affect the interest of the Republic of Poland, provided that the alien: 1) indicates a dwelling in which it intends to stay and will present the title to it and 2) has the promise to issue a work permit on the territory of the Republic of Poland or the written statement of the employer of the intention to employment or to entrust him to perform other gainful , or perform functions on the boards of legal persons carrying on economic activities, if a work permit is not required, or 3) have income or assets sufficient to cover the costs of maintenance and treatment of his and his family members, without the need for the use of the material support of the measures of social assistance for a period of 1 year.

2. To determine whether a stay of the alien in the territory of the Republic of Poland is unbroken, article 12 shall apply. 64 paragraph 1. 6.3. An alien who has made an application for a residence permit for a specified period of time, and those covered by the, it seems the visa residence for the period to the end of the proceedings at first instance on the discharge for the residence permit for a specified period of time.

4. Before the decision to grant a temporary residence permit for a specified period of time to an alien whose data are included in the list, the Governor is obliged to refer the information to the extent necessary to determine whether the stay of the alien in the territory of the Republic of Poland is a threat to the defense or State security or the protection of the safety and public order to the President of the Office.

5. In the decision of refusal to grant a residence permit for a specified period of time shall be the date on which the alien is obliged to leave the territory of the Republic of Poland. This decision shall apply mutatis mutandis the provisions of the proceedings on the obligation to leave the territory of the Republic of Poland.

6. If the alien leaves the territory of the Republic of Poland within the time limit laid down in the decision referred to in paragraph 1. 5, its data does not appear in the list, unless required by considerations of Defense or national security or the protection of the safety and public order.

Article. 155. [notification of illegal stay] 1. If an alien found illegally present on the territory of the Republic of Poland, within 2 months from the date of entry into force of the Act, will report this fact to the border guard authority or the police and leave the territory of the Republic of Poland within the time limit referred to in the decision, on the basis of which it will be obliged to leave the territory, its data does not appear in the list.

2. The decision referred to in paragraph 1. 1, the provisions of art. 97 and 98.

Article. 156. [the validity of existing documents] 1. Residence card, documents, permits and visas issued on the basis of the provisions shall remain valid throughout the period for which they were issued.

2. The provisions of paragraph 1. 1 does not apply to residence cards and documents issued to an alien, which applies the provisions of the law of 13 June 2003 on granting protection to aliens in the territory of the Republic of Poland.

3. Forms of the call, in which the time of residence in the territory of the Republic of Poland the invited person is a specified number of days, may be used until 30 October 2003.

4. The invitation issued in blank, referred to in paragraph 1. 3, shall remain valid until the date of the Republic of Poland, membership of the European Union, but not beyond the end of the period of their validity.

Article. 157. [persons with temporary residence card or permanent resident card] Whenever in the rules is talking about people who have temporary residence card or residence card, it should be understood as people who have been granted appropriate authorisation for a specified period of time or the permit to settle.

Article. 158. [application of the rules for initiated administrative proceedings] 1. To the administrative proceedings initiated before the date of entry into force of the Act, which have not been completed by that date, the final decision shall apply: 1) in matters of visas, to the end of the proceedings at second instance the existing provisions;

2) in matters of authorisations for a specified period of time and permits to settle-the provisions of this Act;

3) in cases of obligation of an alien to leave the territory of the Republic of Poland, of the expulsion and in matters of penalties for carriers – the existing provisions, subject to article 8. 138 of the law of 13 June 2003 on granting protection to aliens in the territory of the Republic of Poland;

4) in other cases – the provisions of this Act.

2. The provisions of paragraph 1. 1 paragraph 2 shall not apply to authorizations for a specified period of time marked issued to foreign nationals, in respect of which overlap the circumstances referred to in article 1. 17 paragraph 1. 2 paragraph 7 and 8 of the Act of 25 June 1997 on aliens (Journal of laws of 2001, no. 127, item 1400, as amended).

Article. 159. [data storage aliens] Data, collected in the list on the basis of existing provisions, shall be kept for the period for which it provided.


Article. 160. [form the records, the sharing and transmission of data] 1. Records created under the Act, for 3 years from the date of entry into force of the Act can be carried out in a different form than the electronic system.

2. the authorities of leading the records referred to in article 1. 124, paragraph 1, are obliged to mutual transmission of data processed in its own records.

3. The President of the Office ensures the correct sharing of data processed in the registers referred to in article 1. 124 section 1.

Article. 161. [the validity of entries in registers] entries in the records to be kept on the basis of the provisions on the entry into force of Act become alerts for records to be kept under this Act.

Article. 162. (repealed).

Article. 163. (omitted).

Article. 164. (omitted).

Article. 165. [the application of the provisions of the Act, the repeal of the provisions of the Act] 1. The provisions of article 4. 3, paragraph 2, article. 32 paragraph 1. 3, art. 57 paragraph 3. 4 and art. 135-140 with regard to the terrestrial carriers shall apply from the date of the Republic of Poland, membership in the European Union.

2. The provisions of article 4. 27 paragraph. 3 and art. 51 paragraph 1. 3 and 4 shall be repealed as from the date of the Republic of Poland, membership in the European Union.

Article. 166. [the provisions repealed] are hereby repealed: 1) Act of 25 June 1997 on aliens (Journal of laws of 2001, no. 127, item 1400, 2002, no. 41, item 365, no. 74, item, item 81 No. 676 731, no. 89, item. 804, no. 141, item 1180 and No 153, item 1271 and 2003 # 97, poz. 894 and # 101 , item. 942);

2) Act of 11 April 2001 amending the law on aliens and on amendments to certain laws (Journal of laws No. 42, item 475 and the 2002 No. 25, item 253 and # 81, item 731).

Article. 167. [entry into force] this Act shall enter into force on 1 September 2003, with the exception of article. 50 paragraph 1. 3 and 4, art. 51 paragraph 1. 3 and art. 162, which shall enter into force on the date of the notice.



 

1) this Act shall be made in its regulation of the implementation of the Directive 2001/51/EC of 28 June 2001 supplementing the provisions of article 12. 26 of the Convention implementing the Schengen agreement of 14 June 1985 (OJ. EC-L 187 of 10.07.2001).

The data relating to the Declaration of the European Union, in this Act – on the day of the Republic of Poland in the European Union-membership applies to the notice of those acts in the official journal of the European Union-Special Edition.

[1] repealed with effect from 17 July 2008, with the exception of article. 9-11, repealed on 31 December 2008, based on art. 37 of the Act of 30 May 2008 on some forms to support innovative activity (Journal of laws No. 116, item 730; ost.: OJ of 2011 # 106, item 622), which entered into force on 17 July 2008.

[2] the provisions laid down in Council decision 94/795/JHA of 30 November 1994 on a joint action adopted by the Council on the basis of art. K 3. 2 (a). (b)) of the Treaty on European Union on facilitating travel for students from third countries residing in the Member States (OJ. EC-L 327 of 19.12.1994).

[3] Currently: the Act of 5 December 2008 on the prevention and combating of infections and communicable diseases (Journal of laws No. 234, poz. 1570; ost.: OJ 2010 # 257, poz. 1723), which entered into force on 1 January 2009; on the basis of article. 64 of this Act.

[4] Currently: the Act of 27 August 2004 about health care benefits financed from public funds (Journal of laws 2008 No. 164, item 1027; ost.: OJ of 2011 # 232, poz. 1378) and legislation issued on the basis thereof, in accordance with article 5. 229 paragraph 2 (a). (b) of this Act.

[5] the provisions laid down in Council decision 94/795/JHA of 30 November 1994 on a joint action adopted by the Council on the basis of art. K 3. 2 (a). (b)) of the Treaty on European Union on facilitating travel for students from third countries residing in the Member States.

[6] on the basis of article. 15 paragraph 1. 2 of the Act of 9 April 2010 amending the Aliens Act and certain other acts (Journal of laws. # 81, item. 531) art. 86 as amended the Act applies as from the date specified in the decision of the European Commission – in accordance with article 5. 48 of Regulation (EC) no 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the visa information system (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ. EU L 218 of 13.08.2008, p. 60 – 81)-to specify the start date of the operation of the visa information system in the Republic of Poland.

[7] Article. 100i paragraph. 1 in the version established by art. 74, paragraph 1 of the law of 24 may 2013. coercive measures and firearms (OJ poz. 628). The change came into force on 5 June 2013.

[8] Article. paragraph 140. 1 in the version established by art. 74 paragraph 2 of the Act of 24 may 2013. coercive measures and firearms (OJ poz. 628). The change came into force on 5 June 2013.

Related Laws

2004 Aliens Act
2017 Aliens Act