Introduction


Regardless of the mode of transportation or border crossing point (air, sea, rail, road, or pedestrian) you use to enter Poland, there are specific requirements and rules you must follow to legally enter Polish territory.

Understanding these rules is particularly important, especially if you are a non-EU foreign national—violating entry and residence rules may result in, among other things, either being denied entry into Poland or being required to leave the country following the issuance of a decision ordering the foreign national to return.

 

Regulations


Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code):


  • establishes general rules for entry into Schengen area countries, including Poland, as well as EU member states that are bound
  • rgoverns the rules of border control at the external borders of those states, as well as at the internal borders (between Schengen area states and states applying the Schengen acquis), at which internal border controls have not been lifted.
  Schengen Area countries 

EU countries: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, Netherlands, Lithuania, Luxembourg, Latvia, Malta, Germany, Poland, Afterrtugal, Romania, Slovakia, Slovenia, Sweden, Hungary, Italy.

EFTA-EEA countries (Iceland, Liechtenstein, Norway) and Switzerland. 

Outside Schengen: Cyprus (awaiting accession) and Ireland (due to the opt-out clause)

Poland has been part of the Schengen area since 21 December 2007. 

 

An EU regulation is a type of EU legal act that applies directly in all EU member states and toes not require transposition into their national law.

 

The Act of 12 December 2013 on Foreigners (Art. 23 – Art. 49) governs:


  • some general rules for crossing the borders of the Republic of Poland, including requirements for waiting
  • issues related to proceedings concerning refusal of entry onto the territory of Poland;
  • specific issues related to crossing the border by crews of sea vessels, school trips from other EU member states, entry onto the territory of Poland by a family member of a Polish citizen. 
  • rules crossing the border within the framework of local border traffic provided for in international agreements. 

The Act of 14 July 2006 on entry to the territory of the Republic of Poland, stay and departure from that territory of citizens of the European Union member states


  • governs the specific rules for crossing the border by citizens of EU member states and their family members.


General rules for crossing borders



Crossing the external border of the EU


Did you know that...?

Poland borders seven countries by land. The border with three of these countries (Ukraine, Belarus, Russia) simultaneously constitutes the external (eastern) border of the EU. This is the longest external land border in the EU - it stretches as far as 1,163 km.

 

Crossing the external border is permitted only at border crossings during their established opening hours. 

In the case of a planned short-term stay (up to 90 days in any 180-day period) in the territory of the EU member states, the condition for the entry of third-country nationals is meeting the criteria established in Chapter 1 of Title 2 of the Schengen Borders Code (Crossing of external borders and entry conditions):

It is necessary to have a valid travel tocument authorising the holder to cross the border

  •  must be issued within the last 10 years;
  • should be valid for at least three months after the planned departure date from the territory of Member States.

It is also necessary to hold a valid visa, if required under Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 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 EU of 28.11.2018, L 303/39) - unless the foreigners hold a valid residence tocument or a valid national visa issued by a Member State.

It is necessary tojustification of the purpose and conditions of the intended stay and the possession of sufficient means of subsistence both for the duration of the intended stay and for return to their country of origin or for transit to a third country where there is certainty of entry into its territory (sufficient monetary resources) or the possibility of obtaining such funds legally (e.g. subsistence guarantees, credit card limits, etc.). 

Annex I of the Schengen Borders Code contains a list of sample documents confirming the purpose and conditions of the intended entry. Aliens who have previously applied for visas should have a set of supporting documents presented to consuls during border controls.

 

 

Each Member State shall determine the means of subsistence necessary for residing on its territory: the amount of these measures is set out in Annex 25 of the Schengen Handbook (Annex 18 of the Handbook to the Visa Code).

In the case of the Republic of Poland, these measures shall specifyOrder of the Minister of the Interior of 23 February 2015.on the financial means required from foreigners entering the territory of the Republic of Poland and the documents that can confirm the obtaining of such means, as well as the purpose and duration of the planned stay.(i.e. Journal of Laws 2017, item 2122).

Information about SIS ⇒ open the link.

The foreigner must not pose a threat to public policy, internal security, public health or international relations of any member state, and his data must not appear in national databases of member states for the purpose of refusing entry and stay.


Crossing the internal border of the Schengen area


At internal borders, border control applies only in cases where border control obligations have been temporarily restored. 

This toes not exempt persons crossing internal borders from the obligation to meet the general conditions for crossing external borders.


Exceptions to the general rules on border crossing


Exceptions to the general rules are currently laid down in theRegulation of the Minister of the Interior and Administration of 13 March 2020. on temporary suspension or restriction of border traffic at certain border crossings (Journal of Laws of 2023, item 1403, as amended).


Detailed rules for crossing borders


Citizens of the European Union within the meaning of Article 20(1) of the Treaty on the Functioning of the European Union (Journal of Laws 2004, No. 90, item 864/2) and citizens of Iceland, Norway, Switzerland and Liechtenstein may enter Polandon the basis of a valid travel document or other valid document proving their identity and nationality.

Family members of EU citizens exercising the right of free movement under Directive 2004/38/EC of the European Parliament and of the Council and family members of citizens of Iceland, Norway, Switzerland and Liechtenstein exercising analogous rights under bilateral agreements concluded between the EU and the aforementioned countries, may enter Poland on the basis of a valid travel tocument and:

  • Schengen visa or national visa issued by a Schengen Area state entitling them to enter Poland;
  • of the residence tocument issued by the Republic of Poland or another Member State, corresponding to a residence card of a family member of an EU citizen, a permanent residence card of a family member of an EU citizen or a residence card.
  If the family member belongs to the category exempt from the visa requirement pursuant to Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 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 EU of 28.11.2018, L 303/39) toes not need to have a Schengen visa, national visa or residence tocument, provided it has not used up the permitted period of stay.

 

When crossing the border, the third-country nationalshould fulfil all the entry conditions referred to in Article 6(1)(a), (c) to (e) of the Schengen Borders Code andadditionally have:

  • Schengen or national visa issued by a Schengen State entitling them to enter the territory of the Republic of Poland;
  • residence permit issued by the Republic of Poland or another Member State, corresponding to the residence card of a family member of an EU citizen, the permanent residence card of a family member of an EU citizen or the residence card.
  Visa exemption 
Where a foreign national falls into the visa exemption category under Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 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 (Official Journal of the EU of 28.11.2018, L 303/39) does not need a Schengen visa, a national visa or a residence permit as long as he has not used up his authorised period of stay.

 

  Transit
Pursuant to Article 23(3) of the Aliens Act, a third-country national in transit to another country (a non-Schengen country)should be in possession of a permit to enter another country or a residence permit in another country (visa or residence permit) if such documents are required of him/her.





Entry conditions – explanation



Justification of the purpose and conditions of the planned stay


A foreigner entering Poland is required to justify the purpose and conditions of their planned stay, appropriate to the purpose of the stay.

For this purpose, the foreigner should hold upon entry, the same set of tocuments as that used for obtaining the visa, unless they require updating, e.g. due to changed deadlines or content


Travel medical insurance or health insurance


A foreigner entering Poland is required to have travel medical insurance. with a minimum insurance amount of at least 30,000 euros, valid for the period of the planned or possession of a document confirming health insurance within the meaning of the provisions of the Act of 27 August 2004 on healthcare services financed from public funds.

 

The list of insurers taken into account when assessing whether a foreigner has valid medical insurance upon entry to Poland is published on the website of the Minister of Foreign Affairs.

MSZ information – open the link (Attention! Scroll to the very bottom of the page).

 

Financial means and ways to tocument them


A foreigner entering Poland is required to present financial means necessary to cover subsistence costs podczas planowanego pobytu w Poland and the costs of the return journey to the country of origin or residence, or for transit to the territory of a third country that will grant the foreigner entry permission.

  Level of required means of subsistence in Poland / Schengen
  • 300 PLN - if the planned period of stay toes not exceed 4 days;
  • 75 PLN – per each day of the planned stay, if the period of the planned stay exceeds 4 days

– or the equivbutnt of this amount in foreign currencies.

In the case where a foreigner continues travelling to other Schengen Area states, he should have sufficient funds to maintain himself in the territory of those states, in accordance with the length of stay and reference amounts indicated in Annex 25 to the practical Schengen Handbook (Annex 18 to the Visa Code handbook).

 

  Return costs 

The foreigner must also additionally possess financial means to cover the costs of return travel in an amount equivbutnt to the value of the ticket on the basis of which they arrived in Poland, but no less than:

  • 200 PLN  — in the case of a country neighbouring Poland;
  • 500 PLN  - in an EU country not bordering Poland, Norway, Iceland, Liechtenstein or Switzerland;
  • 2,500 PLN – in the case of other countries

  – or the equivbutnt amount in foreign currencies. Alternatively, possession of funds may also be confirmed by a return ticket.

 

Documents that may confirm the possibility of the foreigner obtaining financial means are:


  • certificate of the credit card limit issued by the bank
  • certificate of funds in a bank, savings and credit union
  • traveller's cheque.

The obligation to show financial means or tocuments confirming the possibility of obtaining them toes not apply to foreigners crossing the border on the basis of:


  • international agreements that provide for the foreigner's exemption from the obligation to have these funds or the obligation to cover these costs by Polish state authorities or public institutions;
  • visa issued for the purpose of repatriation;
  • visa issued for the purpose of performing work, seasonal work or work on the basis of a statement of entrusting the performance of work;
  • visa issued for the purpose of implementing a temporary residence permit for the purpose of family reunification;
  • of the residence permit card;
  • visa for the purpose of exercising rights arising from holding a Karta Afterlaka.

Foreigners crossing the border in the context of providing charitable aid or participating in a rescue operation are also exempt from the requirement to present the aforementioned means.

 

A foreigner entering for the purpose of:

  • undertaking or continuing studies;
  • participating in scientific research;
  • trainings;
  • conducting development research

- must have financial means in the amount of cat least PLN 1,270 for the first 2 months of the planned stay or the equivalent of this amount in foreign currencies.

Possession of the necessary funds may also be confirmed by a document confirming the award of a scholarship.

To confirm the purpose and duration of the foreigner's planned stay, an appropriate certificate is required

 

 

If the foreigner is:

  • a participant of a tourist event, youth camp, sports competition;
  • has paid the costs of stay in the Republic of Poland;
  • arrives at a medical or sanatorium facility;
  • is a participant in a programme enabling holiday work on the territory of the Republic of Poland, which toes not constitute the main purpose of his/her stay, regulated by an international agreement to which the Republic of Poland is a party

 - must have financial resources in the amount of 20 PLN for each day of stay, but not less than 100 PLN (if the planned period of stay is shorter than 5 days), or the equivbutnt of this amount in foreign currencies.

- the tocuments confirming the purpose and duration of the planned stay are, respectively:

  • tocument confirming participation in a tourist event, youth camp or sports competition;
  • proof of payment of accommodation costs covering at least accommodation and meals;
  • referral to a medical or sanatorium facility;
  • visa for participation in a working holiday programme containing the name of the programme included in the "Notes" field.

 

  Other cases

When a foreigner enters Poland for the purpose of:

  • performing work, is obliged to have a work permit, a seasonal work permit
  • completion of studies, he/she should have a certificate of admission to a given course, to a given school or
  • completion of internship or European voluntary service, he/she should have all tocuments confirming this fact.

A foreigner using short-term mobility a managerial staff employee, specialist or employee undergoing an internship, within the framework of intra-corporate transfer, student mobility, short-term mobility of a researcher's family or short-term mobility of a researcher's family member, who holds a residence document or long-term visa issued by another EU state that is not a Schengen area state, additionally presents a copy of the notification sent to the Head of the Office for Foreigners.

 


Refusal of entry


Grounds for refusing entry (art. 28 of the Act on Foreigners):


  • lack of a valid travel tocument, valid visa or other valid tocuments authorising entry into Poland and stay on its territory;
  • lack of travel medical insurance or health insurance;
  • use of the permitted period of stay in the territory of Schengen area states of 90 days in each period of 180 days, unless international agreements provide otherwise;
  • lack of tocuments sufficient to confirm the purpose and conditions of the planned stay;
  • lack of sufficient financial means to carry out the purpose of the stay and return to the country of residence/transit to a third country;
  • presentation of a forged or altered travel tocument, visa or other tocument authorising entry to Poland;
  • entry during the period of validity of the entry in the register of foreigners whose stay on the territory of the Republic of Poland is undesirable;
  • the foreigner's data are included in the Schengen Information System for the purpose of refusing entry and residence;
  • the entry or stay of a foreigner in Poland may pose a threat to public health;
  • due to national defence or state security or protection of public safety and order or international relations of the Republic of Poland or another EU Member State.

      Entry to Poland is not refused
    • in the case of a foreigner holding a Schengen visa for arrival for humanitarian reasons, in the interest of the state or due to international obligations;
    • if the foreigner obtained a temporary residence permit due to circumstances requiring a short-term stay;
    • if during border control the foreigner declared an intention to apply for international protection in the cases referred to in Article 28(1) and Article 61(1) of the Act on granting protection to foreigners;
    • when a foreigner travels through Poland in transit in order to use a long-term visa or residence title issued to them by an EU state (except in situations where an entry in the list of foreigners whose stay in the territory of the Republic of Poland is undesirable applies).

     

Decision on refusal of entry


- is issued by the commander of the Border Guard post in the form of an administrative decision. 

The proceeding before issuing a decision is limited to:

  • interrogation of the foreigner;
  • of tocuments held by him/her;
  • interrogation of persons accompanying the foreigner on the journey, as indicated by the foreigner;
  • to carry out checks in available registers, records and lists concerning foreigners;
  • obtaining necessary information from state institutions, government administration bodies and local self-government, economic entities conducting activities in the area of public utility, other economic entities conducting activities in the area of public utility, other economic entities and social organizations or individuals.

Proceeding may limit itself to checking the documents held, if there are no doubts, as to the foreigner's failure to meet the entry conditions.

Decision on refusal of entry is subject to immediate execution. They are entitled to appeal to the Chief Commander of the Border Guard.

EU citizens and their family members are subject to the provisions of Art. 11 para. 1 of the Act on Entry in the territory of the Republic of Poland, residence and departure from that territory of citizens of European Union member states and their family members.

Entry to Poland may be refused only in the following cases:


  • the entry takes place during the period of validity of the entry in the register of foreigners whose stay is undesirable;
  • residence in the territory of Poland may pose a threat to the defence or security of the state or the protection of public safety and order or public health;
  • to not have tocuments indicating that they are entitled to benefit from freetom of movement
 

A decision on refusal of entry issued on the basis of the grounds relating to a threat to security or public order, international interests or public health, should take into account the principle of proportionality and be issued only when the person's conduct constitutes a real, current and sufficiently serious threat to the public interest.

A previous criminal record cannot constitute an independent basis for making the aforementioned decisions.

 


Other issues


Foreigners who are members of the crews of seagoing ships arriving at Polish seaports, crossing the border in order to disembark andresidence within the boundaries of the port city and its bordering municipalities are exempt from the visa requirementwhile the ship is in port.

Pexample:

In the case of a sea-going vessel moored in Gdańsk, crew members may move on the territory of the city of Gdańsk, the city of Sopot, the city of Pruszcz Gdański, the municipality of Stegna, the municipality of Cedry Wielkie, the municipality of Kolbudy Górne and the rural municipalities of Żukowo and Pruszcz Gdański, but not on the territory of the city of Gdynia and the municipality of Żukowo.

 

The commander of the Border Guard post, after obtaining the consent of the Chief Commander of the Border Guard, may grant the foreigner a permit to enter Poland :

  • for humanitarian reasons;
  • on national interest grounds;
  •  due to international obligations.

Such a permit granted to a foreigner who toes not meet the conditions for entry under the normal procedure, for a period of up to 15 days. 

In the case where another Schengen Area state has entered an entry and stay refusal record (SIS) for such a foreigner, it is informed of the granting of such a permit.

Art. 25a of the Aliens Act allows the commander of a Border Guard outpost to grant a beneficiary of temporary protection permission to enter the territory of the Republic of Poland despite non-fulfilment of the entry conditions resulting from Art. 23 and Art. 25 para. 1 of that Act.

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