End of Legal Residency Based on Covid Extensions?
The Ministry of Health envisages the abolition of the state of epidemic threat as of 30 June 2023. This will affect the situation of many foreigners residing in Poland.
Pursuant to the Covid Act (i.e. the Act of 2 March 2020 on Specific Solutions Related to the Prevention, Countering and Combating COVID-19, Other Infectious Diseases and Crisis Situations Caused Thereby), the period of legal residence, the deadlines for leaving the territory of the Republic of Poland and the validity of held residence documents have been extended until the 30th day following the day of cancellation of the current state of epidemic threat.
This means that if the state of epidemic threat is indeed lifted, the following will end on 30 July 2023:
- Legal stay of foreigners in Poland on the basis of, inter alia:
- Visa-free traffic;
- Schengen visas, national visas and temporary residence permits (issued by the Polish authorities or another Schengen state) whose expiry date fell after 14 March 2020;
- The validity of foreigners’ temporary identity certificates, residence cards of family members of EU citizens and foreigners’ Polish identity documents;
- The validity (and thus the right to work on the basis of) documents legalising work of foreigners (e.g. work permits, declarations) whose expiry date fell after 14 March 2020;
- Extension of the deadline for:
- Foreigners to leave the territory of the Republic of Poland, as referred to in Article 299(6) of the Act on Foreigners of 12 December 2013;
- Voluntarily departure from the Republic of Poland in execution of the Return Decision referred to in Article 315(1) of the Act on Foreigners of 12 December 2013.
The cancellation of the state of epidemic threat with effect from 30 June 2023 may come as a bit of a surprise to foreigners residing in Poland and benefiting from the above extensions, as the Act of 13 January 2023 amending the Act on Assistance to Citizens of Ukraine in Connection with the Armed Conflict on the Territory of Ukraine and Certain Other Acts - already provided for the repeal of the relevant provisions of the Covid Act, but only as of 24 August 2023.