Are the intended changes for the better? No more confirming the legality of foreigners' stay with a stamp in their passport.
Alongside the introduction of the EES (Entry/Exit System), which will ultimately replace passport stamps confirming foreigners’ entry to and exit from the EU, the Polish authorities are also planning to abandon other stamps relating to foreigners. These include stamps confirming the submission of residence permit applications and the legality of a foreigner’s stay while awaiting a decision on the issuance of the relevant permit.
These changes are a result of an amendment to the Act on Foreigners concerning the digitisation of residence proceedings, which was submitted to the Senate on 20 October. Instead of a passport stamp, foreigners will receive a certificate confirming that their residence permit application has been submitted correctly and that their stay is legal while they await a decision. This will apply to procedures for obtaining temporary residence permits (with some exceptions), permanent residence permits and long-term EU residence permits.
Certificates will be issued once it has been confirmed that the application was submitted during legal residence and does not contain any formal deficiencies, or that any such deficiencies have been remedied in a timely manner.
Key information about the certificate:
- Issued free of charge;
- Delivered via MOS (Moduł Obsługi Spraw, or Case Handling Module – a new system for the electronic submission of residence applications), or in paper form during a personal visit to the office;
- Available in the foreigner's MOS account, with the option to print multiple copies;
- Contains the foreigner’s and the authority’s basic data, as well as confirmation of the correct submission of the application and the legality of stay until the proceedings are concluded (with some exceptions);
- Bears the qualified electronic seal of the Head of the Office for Foreigners.
One of the current problems is the inability to obtain a stamp when a foreigner completes the formalities after visiting the office but within the specified time limit. This is due to offices’ limited ability to arrange another meeting to stamp passports. The intended changes will solve this problem, as the certificate will be issued electronically, eliminating the need for another visit to the office.