Legalization of the stay on the territory of the Republic of Poland for the foreigners completing studies.

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Presentation transcript:

Legalization of the stay on the territory of the Republic of Poland for the foreigners completing studies

The basic legal acts referring foreigners residence in Poland 1. Act on Aliens of 13 June 2006 (Dz.U.(Journal of Laws) of 2006 no 234 item 1694 as amended), 2. Regulation of the Minister of Labour and Social Policy of on minimum which certain groups of foreigners should have to provide for themselves in the Republic of Poland and to cover the costs of return. 2. Regulation of the Minister of Labour and Social Policy of on minimum amounts which certain groups of foreigners should have to provide for themselves in the Republic of Poland and to cover the costs of return. (Dz. U. Dz.U.(Journal of Laws) of 2008 no. 163, item 1019),

3. Regulation of the Minister of Interior and Administration of on fees paid by the forigners for issuance and change to the residence card and other documents (Dz.U. (Journal of Law) no. 151, item 1472), 4. Regulation of the Minister of Interior and Administration of r. on the template of application form for the residency permit and photograps requirements(Dz.U. (Journal of Law) no. 147, item. 1435),

5. Regulation of the Minister of Interior and Administration of r. on the template of residence cards and documents referring the foreigners, forms of applications form, residence card or its change as well as the photographs attached to the application forms (Dz.U. (Journal of Law of 2003) no. 150, item as amended), 6.Regulation of the Minister of Science and Higher Education of r. on the template of the enrollment certificate issued by the educational unit (Dz.U.(Journal of Law of 2006) no. 200, item. 1475),

7.Regulation of the Minister of Interior and Administration of r. on visas for the foreigners (Dz. U. (Journal of Law of 2006) no. 236, item as amended), 8.Act of 13 December 2008 on changes to the Act of employment promotion, institutions at the labour market and various changes to some other Acts (Dz.U.(Journal of Laws of 2009) no 69, item 415 as amended),

9.Regulation of the Minister of Labour and Social Policy of changing the regulation on carrying out work by the foreigners without work permit.(Dz. U. Dz.U.(Journal of Laws) of 2009 no. 21, item 114)

VISA The foreigner may cross the border and stay on the territory of the Republic of Poland if he/she is in possession of a valid travel document and a visa.

VISA EXAMPLE

 1 - type of visa: „C” – uniform stay visa, „D” – national stay visa,   2 – purpose of visa issuance: „09” – visa is issued in the purpose of completing studies of the first cycle program, the second cycle program, the long cycle program (master degree) or the third cycle degree.

 3 – number of entries: visa of one entry – „ONE” visa of one entry – „ONE” multi entries visa – „MULTI” multi entries visa – „MULTI”  4 – period of stay  5 – date of visa issuance  – validity period  8 – place of visa issuance

 9 – valid for (territory)  10 – passport number  11 – surename and first name

Term od applying for the residence permit for a fixed period of time The foreigner staying on the territory of the Republic of Poland is obliged to apply for the residence permit for a fixed period at least 45 days prior the date of expiration of his/her period of stay based on visa or the expiration date of the previous permit for a fixed period

The list of documents to be submitted along with application for residency permit for a fixed period: 1. 4 copies of filled in application form 2. 5 recent photographs, undamaged, colour, dimensions: 4,5 cm x 3,5 cm, no head coverings or hats, no sunglasses, the head must be shown in left semiprofile with left ear exposed, the face should be evenly illuminated.

3. Valid travel document (original and copy of passport and copy of possessed residence card and/or visa), 4. Registration at the place of the foreigner’s accomodation, 5. Certifacte of the accomodation in the dormitory or an agreement for lease of a flat in which the foreigner resides and a legal title to the occupied flat. 6. Certificate of enrollement from the Univeristy

The example of an enrollment certificate

7. Health insurance policy, 8. documents confirming the volume of living costs covering the period of stay,cost of studies and cost of return journey :

Required financial means to cover living costs in Poland, costs of studies and costs of return journey Required financial means to cover living costs in Poland, costs of studies and costs of return journey  PLN 800 per each month of the stay: PLN 9600 for the period of 12 months, PLN 9600 for the period of 12 months, Less (depending of the number of months) if the stay is shorter than one year the equivalent of this amount in foreign currencies. Less (depending of the number of months) if the stay is shorter than one year the equivalent of this amount in foreign currencies.

 Return ticket to the country of citizenship or financial means covering the costs of return journey in the amount being the equivalent of cost of the ticket with which the forigner arrived to Poland, not less however than: PLN 200 for the foreigners from the Poland’s neighbouring countries, PLN 200 for the foreigners from the Poland’s neighbouring countries, PLN 500 for the foreigher from the European countries, PLN 500 for the foreigher from the European countries, PLN 2500 for the foreigners from the countries outside Europe. PLN 2500 for the foreigners from the countries outside Europe.

The residence permit for a fixed period of time  a residence permit for a fixed period is granted by the voivode competent for the foreigner's place of residence  a permit is granted in a form of aministrative decision (DECYZJA) for the period of time :  1 year – in case of full time studies, for the period of studies or professional training but not longer than 1 year in case of part time studies. for the period of studies or professional training but not longer than 1 year in case of part time studies.

EXAMPLE OF DECISION „DECYZJA”

Residence Card /temporary stay card/  issued for the foreigner who received a residence permit for a fixed period of time,  valid for the period of granted permit,  confirms the forigner’s identity on the teriritory of the Republic of Poland and together with travel document entitles for multiple crossing the Polish border.

STAMP CHARGES  PLN 340 –fee for granting the residence permit for a fixed period of time  PLN 50 – fee for issuence of a residence card

Residence registration of the EU citizens and their family members Act of 14 July 2006 on entry, stay and leaving the territory of Poland by the EU citizens and members of their family.(Dz.U.(Journal of Laws) of 2006 no 144 item 1043 as amended) Act of 14 July 2006 on entry, stay and leaving the territory of Poland by the EU citizens and members of their family.(Dz.U.(Journal of Laws) of 2006 no 144 item 1043 as amended) The Act is in force in the Member States of the EU, the EEC as well as in Switzerland.

Implementing legislation to the a/m Act Regulation of the Minister of Interior and Administration of on application and documents regarding EU citizens’ residence on the territory of the Republic of Poland (Dz. U. Dz.U.(Journal of Law) no. 154, item 1105), Regulation of the Minister of Interior and Administration of on application and documents regarding EU citizens’ residence on the territory of the Republic of Poland (Dz. U. Dz.U.(Journal of Law) no. 154, item 1105), Regulation of the Minister of Interior and Administration of on fees paid by the EU citizens and their family members for issuance and change the cerificate of the residence registration (Dz. U. Dz.U.(Journal of Law) no. 160, item 1133), Regulation of the Minister of Interior and Administration of on fees paid by the EU citizens and their family members for issuance and change the cerificate of the residence registration (Dz. U. Dz.U.(Journal of Law) no. 160, item 1133),

The EU citizen may enter the territory of the Republic of Poland on the basis of the valid travel document or other valid ID document.

The family member non- EU citizen may ent the territory of the Republic of Poland on the basis of the travel document and visa unless the Act regulations provide otherwise.

The EU citizen may stay on the territory of the Republic of Poland - up to 3 months no legalisation of stay is neccesary - exceeding 3 months stay should be registered at the Voivodeship Office, Department of Citizen Affairs

To get the stay registration the EU citizen has to apply at the Voivodeship Office, Department of Citizen Affairs, not later than the next day after the exceeding the 3 months’ period of stay from the day of entrance the territory of Poland

Premises for stay registration: - studies of vacational training - carring out work or business - marriage with the Polish citizen and other

A STUDENT applying for a stay registration is obliged to have: - a health insurance as understood by provisions on common health insurance or documents confirming that the costs of medical treatment in the Republic of Poland will be covered by an insurer; - a health insurance as understood by provisions on common health insurance or documents confirming that the costs of medical treatment in the Republic of Poland will be covered by an insurer; -sufficient incomes to cover the costs of living for the applicant and his/her dependant family members -sufficient incomes to cover the costs of living for the applicant and his/her dependant family members

Applying for a stay registration the EU citizen is obliged to submit: - 4 copies of filled in application forms for a stay - 4 copies of filled in application forms for a stay registration registration - photocopy of a valid travel documenty - photocopy of a valid travel documenty - confirmation of the registration at the plave of - confirmation of the registration at the plave of accomodation ( MELDUNEK) accomodation ( MELDUNEK) - legal documents concerning the ocuppied flat - legal documents concerning the ocuppied flat (agreement of renting a flat, the act of the ownership) (agreement of renting a flat, the act of the ownership) - documents confirming the volume of living costs - documents confirming the volume of living costs - certificate of enrollemnt from the University - certificate of enrollemnt from the University - health insurance policy - health insurance policy - certificate of a stamp duty payment in the amount of - certificate of a stamp duty payment in the amount of PLN 1,00 PLN 1,00

Stay registration certificated is issued for the EU citizen immediately. Registration certificate is replaced Registration certificate is replaced in case of : in case of : - change of data contained in it; - change of data contained in it; - damage - damage

Stay registration certificate

Right of permanent residence The EU citizen shall obtain right of permanent residence after five years of continuous residence within the territory of Republic of Poland. The EU citizen shall obtain right of permanent residence after five years of continuous residence within the territory of Republic of Poland.

Continous residence The residence within the territory of Republic of Poland is considered to be continuous if the intervals in the residence do not exceed total of 6 months in a year. The residence within the territory of Republic of Poland is considered to be continuous if the intervals in the residence do not exceed total of 6 months in a year. The residence within the territory of Republic of Poland is not interrupted by intervals longer than mentioned above for the purpose of : The residence within the territory of Republic of Poland is not interrupted by intervals longer than mentioned above for the purpose of : - compulsory military service or - compulsory military service or - crucial individual situation - crucial individual situation

Certificate of a permanent residency right is issued by competent the voivod competent for the place of residence of the EU citizen No administrative decision precedes the issuance of ther certificate of permanent residency right.

Certificate of the permanent residency right