Homepage Residence in Poland (regulations applicable after 01.05.2014) Control of legality of a foreigner's stay in Poland

Control of legality of a foreigner's stay in PolandPrint

What is control of legality of a foreigner's stay?

Control of legality of a foreigner's stay on Polish territory consists in requesting the foreigner to present documents or permits authorizing him to stay in Poland, the financial means necessary to cover the costs of the stay and documents authorizing the foreigner to perform work or business activity.

Institutions authorized to carry out this kind of control are: 

  1. officers of the Customs Service;
  2. Border Guard Service officers;
  3. Police officers;
  4. authorised employees of the Office for Foreigners;
  5. authorised employees of the Voivodship Office. 

Required documents

Authorised public officials conducting a control of the legality of a foreigner's stay in Poland may demand presentation of the following: 

1)      documents and permits authorising the stay in Poland, such as:

  • passport
  • visa;
  • residence card
  • Polish travel document for foreigners;
  • Polish identity document for foreigners;
  • temporary Polish travel document for foreigners;
  • temporary certification of the foreigner’s identity;
  • travel document foreseen by the Geneva Convention;
  • a certificate confirming return of a residence card, Polish travel document or Polish identity document for foreigners, valid until the foreigner leaves Poland - in the case of a foreigner whose residence permit has been revoked;
  • a document confirming that entry into Polish territory is associated with the performance of professional activities. 

2)      documents authorizing the performance of work by a foreigner or performance of business activities by a foreigner, in particular: 

  • work permit;
  • declaration of intention to employ a foreigner registered in the appropriate district labour office;
  • employment contract or civil law contract (ie. commission contract or mandate contract);
  • documents proving registration of the foreigner's company in the register of commercial entities; 

3)      means of subsistence for the duration of the planned stay in Poland and to cover the costs of return to the country of origin or transit, in Polish or foreign currency, or documents which confirm the possibility of obtaining means of subsistence in Poland in accordance with the law, such as

  • traveler’s cheque or credit card;
  • certification of possession of funds in a bank incorporated in Poland, attested to by the stamp and signature of an authorized employee of the bank;
  • original invitation entered into the register of invitations;
  • document confirming the granting of a scholarship; 

4)      proof of coverage of the costs of medical treatment in Poland by an insurer. 

Note: The results of the control may be used to make determinations regarding the initiation of administrative proceedings concerning the obligation of the foreigner to leave Poland or the deportation of the foreigner.