From this article, you will learn whether you can come to Poland without a visa, and if so, how long you can legally stay in Poland under the visa-free traffic regime.
I found some interesting information on the website of the Nadwiślański Border Guard Unit:
A 66-year-old Canadian citizen arrived at Warsaw Chopin Airport for passport control before her flight to Turkey. Border Guard officers determined that the Canadian had exceeded the permitted length of stay in the Schengen area by 57 days. The woman was fined and issued with a decision obliging her to leave Poland within 15 days.
Could such an unpleasant and probably surprising situation for the person concerned have been avoided? Probably yes.
Canada is one of the countries whose citizens are exempt from the visa requirement when traveling to the Schengen area (including Poland). However, visa-free travel is only possible for a limited number of days.
Perhaps the woman in the above story simply did not know how long she could stay in Poland without a visa?
This story inspired me to write an article about who can benefit from visa-free traffic and for how long. I invite you to read it!
Can you come to Poland without a visa?
Let’s start with whether you can come to Poland without a visa at all.
Citizens of the following countries have this privilege: the former Yugoslav Republic of Macedonia, Andorra, the United Arab Emirates, Antigua and Barbuda, Albania, Argentina, Australia, Bosnia and Herzegovina, Barbados, Brunei, Brazil, the Bahamas, Canada, Chile, Colombia, Costa Rica, Dominican Republic, Micronesia, Grenada, Georgia, Guatemala, Honduras, Israel, Japan, Kiribati, Saint Kitts and Nevis, South Korea, Saint Lucia, Monaco, Moldova, Montenegro, Marshall Islands, Mauritius, Mexico, Malaysia, Nicaragua, Nauru, New Zealand, Panama, Peru, Palau, Paraguay, Serbia (except for holders of Serbian passports issued by the Serbian Coordination Directorate (in Serbian: Koordinaciona uprava)), Solomon Islands, Seychelles, Singapore, San Marino, El Salvador, East Timor, Tonga, Trinidad and Tobago, Tuvalu, Ukraine, the United Kingdom of Great Britain and Northern Ireland, the United States of America, Uruguay, the Holy See, Saint Vincent and the Grenadines, Venezuela, Vanuatu, Samoa, Taiwan, and citizens of the special administrative regions of the People’s Republic of China – Hong Kong and Macau (the list of countries cited is taken from Annex II to Regulation No. 2018/1806 of the European Parliament and of the Council (EU)).
For some of the above-mentioned countries, you will need to have a biometric passport to enter Poland without a visa. This applies if you are a citizen of Albania, Bosnia and Herzegovina, Montenegro, Georgia, North Macedonia, Moldova, Serbia, or Ukraine.
In addition, you will not need to show a visa when entering Poland if you are a citizen of an EU member state (i.e., Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, the Netherlands, Ireland, Lithuania, Latvia, Luxembourg, Malta, Germany, Portugal, Romania, Slovakia, Slovenia, Sweden, Hungary, Italy), the European Economic Area (Norway, Iceland, Liechtenstein), as well as Switzerland and the United Kingdom, or if you are a family member of such persons who is not a citizen of the EU/EEA or Switzerland.
The current list of countries whose citizens can come to Poland without a visa can be found on the Polish government’s website here.
How long can you stay in Poland without a visa if you are a third-country national?
If you are a citizen of a so-called third country, i.e. one listed in Annex II to EU Regulation 2018/1806, you can stay in the entire Schengen area, including Poland, for up to 90 days in any 180-day period.
It is important to note that this does not have to be a single stay of up to 90 days. You can also enter the Schengen Area several times, provided that your total stay does not exceed 90 days in any 180-day period.
In practice, border guards check the permissible stay under visa-free travel by going back 180 days from the date of the check. For example, if they carry out a check on October 1, they verify the period up to April 5 (this is a period of 180 days). Then, based on border control stamps, they check the number of days you have already used in this 180-day period. This number of days used under visa-free travel should not exceed 90 days.
If, during this 180-day period, you entered Poland on another basis, e.g. on the basis of a residence card (because you had a valid residence permit), this period of stay will not be included in the 90-day stay under visa-free traffic regime.
How long can you stay in Poland if you are a citizen of an EU Member State, EEA, Switzerland, the United Kingdom, or a member of their family?
If you are a citizen of the EU, EEA, Switzerland, the United Kingdom or a member of their family, you can stay in Poland for up to three months without having to meet any residence conditions.
To enter and stay in Poland, you only need to have a valid travel document, and in the case of EU citizens, this may be another valid document confirming your identity and citizenship, e.g., an ID card.
What conditions you need to meet to enter Poland under visa-free travel?
If you’re a citizen of a third country, you need to meet a few conditions to enter Poland under visa-free traffic.
Firstly, you must have a valid passport (in the case of some countries – a biometric passport). Your passport must be valid for at least three months after your planned date of departure. An additional requirement is that the passport must have been issued within the last 10 years.
Secondly, you must be prepared to justify the purpose and conditions of your planned stay. You will also need to have sufficient financial means to cover your stay and your return journey.
Thirdly, you must not be listed in the Schengen Information System for the purpose of refusing entry.
And finally, you must not be considered a threat to public order, internal security, public health, or the international relations of any of the Member States.
Can you extend your stay under the visa free traffic?
You will only be able to extend visa-free travel if you are a citizen of a country with which the Republic of Poland has concluded an agreement providing for such a possibility.
Currently, Poland has such agreements with Brazil, Argentina, Chile, Honduras, Costa Rica, Nicaragua, Singapore, and Uruguay. So, if you are a citizen of one of these countries, you can consider extending your stay in Poland under visa-free traffic.
Another condition is the existence of a so-called justified case. This means that when applying for an extension of your stay under visa-free traffic, you will have to provide a valid reason why you need to stay in Poland longer.
You submit such an application for an extension of stay to the Voivode competent for your place of residence (e.g., if you are staying in Warsaw, you submit the application to the Mazovian Voivode). The Voivode may then extend your stay in Poland under visa-free traffic for another 90 days. When extending your stay under the visa-free traffic, the Voivode will place a stamp in your passport confirming that you can stay in Poland for another 90 days.
If the Voivode decides that the extension of your stay under the visa-free traffic regime is not justified, they will issue a negative decision.
What will happen if you stay in Poland longer than is permitted under the visa-free traffic?
The Canadian citizen whose story I mentioned at the beginning of this post exceeded the permitted length of stay by 57 days. Perhaps she simply did not know how long she could stay in the Schengen area under the visa-free regime?
Unfortunately, regardless of whether the overstay was intentional or not, the consequences will be similar.
If you fail to leave Polish territory after using up the permitted period of stay to which you were entitled under visa-free traffic, you will receive a so-called return obligation decision. The decision will be issued by the Border Guard. In such a decision, the Border Guard will specify the date of your voluntary departure (between 8 and 30 days). It is also possible that the Border Guard will not specify a date, e.g. if it determines that for security reasons it is necessary for you to leave Poland immediately.
What else? If you are staying in Poland illegally, e.g. because you have exceeded the permitted length of stay under the visa-free regime, you may be fined. In such a case, you can expect to pay between PLN 20 and even PLN 5,000. This is the amount of the fine under the Polish Code of Offenses.
Frequently asked questions
Who can enter Poland without a residence permit or visa?
Citizens of countries listed in Annex II to Regulation (EU) 2018/1806 of the European Parliament and of the Council may enter Poland under the visa-free regime – these countries are listed in the article above. In addition, citizens of the EU, EEA, Switzerland, the United Kingdom, and their family members may enter Poland without a visa.
What documents will you need to present to enter Poland under the visa-free travel regime?
If you are a citizen of a country listed in Annex II to Regulation (EU) 2018/1806 of the European Parliament and of the Council (the list of countries is in the article above), you must have a passport when entering Poland under visa-free traffic. For citizens of Albania, Bosnia and Herzegovina, Montenegro, Georgia, North Macedonia, Moldova, Serbia, and Ukraine, the passport must be biometric.
An additional requirement is that your passport must be valid for at least three months after your planned date of departure and must have been issued within the last 10 years.
If you are an EU citizen, you can enter Poland on the basis of a document other than a passport confirming your identity and citizenship, e.g. on the basis of an identity card.
How long can you stay in Poland without a visa?
As a citizen of a country listed in Annex II to Regulation (EU) 2018/1806 of the European Parliament and of the Council (the list of countries is in the article above), you can stay in Poland for up to 90 days in any 180-day period.
On the other hand, as a citizen of the EU, EEA, Switzerland, the United Kingdom, or as a member of their family, you can stay in Poland for up to three months.
Is it possible to extend your stay in Poland under the visa-free traffic regime?
If you are a citizen of Brazil, Argentina, Chile, Honduras, Costa Rica, Nicaragua, Singapore, or Uruguay, you can apply for an extension of your stay under the visa-free traffic regime to the Voivode competent for your place of residence.
The Voivode may then extend your stay in Poland under the visa-free traffic regime for another 90 days.
Julia Dolińska
attorney-at-law
Zdjęcie: Kamil Gliwiński, Reiseuhu