Visa

Examination of the application

During the examination of the application, the authority competent to examine the application shall take the following steps in turn:

• checks whether the formal requirements for submitting the application have been met

• enters data into the VIS (in the case of an application for a Schengen visa)

• stamp the admissibility of the application (except for diplomatic, service or service passports)

• verifies that the foreigner fulfils the entry conditions referred to in Article 6(1)(a), (c), (d) and (e) of 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)

• assesses the means of subsistence for the planned stay taking into account the length and purpose of the stay and the average costs of affordable accommodation and food in the Member State concerned, taking into account the duration of the planned stay

• may interview the applicant and request additional documents

• conducts visa consultations

• may consult Article 25 of the Convention 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 their common borders of the Schengen Implementing Convention (Schengen Implementing Convention) in the case of a national visa.

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Important!

• The authority examining the visa application (consul or minister competent for foreign affairs) is the only authority that can answer any questions regarding the visa process.

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Consultation of central authorities (visa consultation)

Where at least one of the Member States requires that its central authorities are consulted when examining applications for a Schengen visa lodged by nationals of certain third countries or special categories of nationals of those Countries, the authorities examining visa applications shall carry out the consultations through their central authorities. States requiring consultation have 7 days to express their objections, on a basis of a threat to public policy, internal security, international relations, or public health.

In case of consultations on visa applications submitted to the consulates of the Republic of Poland or when it is Polish the central authority has reserved the requirement to consult it in accordance with Article 22 of the Visa Code, these consultations are carried out in accordance with Article 67(1) and Article 68(1) of the Act on Foreigners through the Head of the Office for Foreigners, respectively.

In the event where consultation by the Polish central authority, the Head of the Office for Foreigners shall consult the Commander-in-Chief of the Border Guard, the Chief Commander of the Police, the Head of the Internal Security Agency, the Head of the Foreign Intelligence Agency and the minister competent for foreign affairs, who shall submit any objections within 5 days from the date of receipt of the application in this matter.

In cases where it is required to consult the central authority of the Republic of Poland by the visa authorities of other Member States, the consul of the Republic of Poland is also obliged to consult the above-mentioned authorities of the Republic of Poland. In the above case, in addition to issues related to the threat to public policy, internal security, international relations or public health, issues related to the verification of the purpose and conditions of the intended stay are subject to the assessment of the above-mentioned authorities.

Similarly, the consul of the Republic of Poland may request that the above-mentioned grounds for refusal to issue a visa be examined (Article 32(1)(a), (ii) and (vi) of the Visa Code) in relation to applications for a Schengen visa not subject to the consultation obligation and in analogous cases concerning national visas (Article 65(1)(5) and (8) of the Act on Foreigners).

In these cases, national authorities shall provide their opinion within 5 days (extendable by an additional 20 days).

In addition, the Consul of the Republic of Poland may apply in the case of national visas submitted for the purpose of first-cycle studies, second-cycle studies, long-cycle studies or doctoral school education, conducting scientific research or development works, completing an internship, participation in the European Voluntary Service program, so that the authorities of the Republic of Poland carry out an additional check regarding the credibility of the entity conducting studies, scientific research, development works, traineeship or European Voluntary Service programme (grounds for refusal of a visa under Article 65(1a) and (1c-1e) of the Act on Foreigners). In this case, the national authorities have 20 days to carry out such checks, with the possibility of extension for a further 25 days.