Student visa to Poland  

Many foreign students studying in Poland are interested in the possibility of traveling to other Schengen countries with a Polish student visa. The Schengen visa regime provides certain rights for long-term visa and residence permit holders, but there are also limitations to consider. This article examines the legal aspects of using a Polish student visa for travel to other Schengen countries.

Legal Status of the Polish Student Visa

1. Polish Student Visa Type D (Long-Term Visa):
   • The Polish student visa type D is issued to students planning to study in Poland for more than 90 days. This type of visa is intended for long-term residence in the country and also provides certain rights for movement within the Schengen zone.
   • Type D visa is a national visa, allowing its holder to reside in Poland for the duration of their studies. It also permits short trips to other Schengen countries.
2. Schengen Agreements:
   • According to the Schengen Agreements, holders of a national visa type D are entitled to travel to other Schengen countries without needing additional visas. However, there are limitations on the duration of stays in other countries.

Travel Rules with a Polish Student Visa

1. Duration of Stay in Other Schengen Countries:
   • Students with a Polish visa type D can stay in other Schengen countries for up to 90 days within any 180-day period. This rule applies to all Schengen countries except Poland, where the student must reside most of the time.
   • For example, if a student is studying in Poland, they may spend up to 90 days within six months in countries such as Germany, France, Spain, and other Schengen members, but they must adhere to the main condition: Poland must remain their primary residence.
2. Short Trips:
   • Under this rule, students can make short trips to other Schengen countries for tourism, visiting friends, or attending conferences and seminars. However, the duration of stay in each country must be brief and comply with the visa regime (not exceeding 90 days within 180 days).
3. Work Restrictions in Other Countries:
   • It is important to note that a Polish student visa does not grant the right to work in other Schengen countries. If a student wishes to work outside Poland, for instance in France or Germany, they will need a separate work permit issued by the authorities of the country where they plan to work.
   • Additionally, violations of visa regulations, such as illegal work, can lead to visa cancellation and deportation.
4. Transferring to Another Country for Study:
   • If a student plans to transfer to an educational institution in another Schengen country, they will need to apply for a visa or residence permit in that country. The Polish visa type D does not allow legal residence and study in another country without obtaining the appropriate documents.

Traveling with a Temporary Residence Permit (Karta Pobytu)

1. Karta Pobytu (Temporary Residence Permit):
   • For students who have extended their stay in Poland through a temporary residence permit (Karta Pobytu), the Schengen zone rules also apply. The Karta Pobytu provides the same travel rights as the national visa type D.
   • Holders of the Karta Pobytu can freely move within the Schengen zone but must adhere to the same limitation: up to 90 days within any 180-day period.
2. Border Control Procedures:
   • When crossing the borders of Schengen countries, students must carry a valid passport and Karta Pobytu (or visa type D). These documents confirm their legal stay in Poland and authorize short trips to other countries.

Legal Consequences of Visa Violations

1. Overstay:
   • If a student violates the stay rules in another Schengen country by exceeding the permitted duration (90 days in a 180-day period), this can result in serious legal consequences:
     • Deportation from the country where the violation occurred.
     • Entry bans to Schengen countries for a specified period (up to five years).
     • Cancellation of the Polish visa or residence permit.
2. Violation of Visa Conditions:
   • If a student uses the Polish visa for a long stay in another country or for work without permission, this will also be considered a visa regime violation. The Polish visa is valid only for short trips outside Poland, and long stays require a visa or permit in the country of residence.

Practical Recommendations for Students

1. Monitoring Duration of Stay:
   • When planning trips, it is crucial to track the duration of stays in other Schengen countries. Visa service calculators can be used to ensure compliance with the 90-day limit.
2. Documents While Traveling:
   • During trips, always have a passport and visa type D or Karta Pobytu with you. These documents may be requested by border services during inspections.
3. Consultation with Authorities:
   • If a student has questions regarding the legality of their stay or travel conditions, it is advisable to contact the consulate of the destination country or Polish migration services for clarification.

The Polish student visa type D allows foreign students to travel to other Schengen countries for up to 90 days within any 180-day period. However, such trips must be short-term, and Poland must remain the student’s primary residence. It is essential to adhere to visa regulations and not exceed the established duration of stay to avoid legal consequences such as deportation or entry bans in Schengen countries.

For foreign students wishing to study in Poland, proving financial stability is a key component of obtaining a student visa. Polish migration law requires students to demonstrate sufficient funds to cover all living and educational expenses throughout their stay in the country. This article outlines the minimum bank balance requirements for obtaining a Polish student visa and the legal aspects related to providing financial proof.

Legal Financial Requirements

Students applying for a long-term type D visa to study in Poland must provide documentation proving they have adequate funds to cover:

1. Living expenses.
2. Tuition fees (if applicable, depending on the form of study and availability of scholarships).
3. Medical expenses (insurance).
4. Return expenses to their home country after completing the study program.

The amount required in a bank account varies based on the duration of the study course, living costs in Poland, and other factors.

Minimum Financial Requirements

As of 2024, the minimum amount a student must demonstrate is approximately €700-800 per month. This amount covers basic living expenses in Poland, including accommodation, food, transportation, and personal expenses, based on the average cost of living for students.

1. Annual Study Calculation:
   • If the study course lasts for one academic year (9-12 months), the student must show funds of approximately €8,400–9,600.
   • These funds must be available in the student's personal bank account or provided by a sponsor who commits to covering all expenses.
2. Semester Study Calculation:
   • For those planning to study for one semester (approximately 5-6 months), it is necessary to demonstrate funds of around €3,500–4,800.
3. Additional Expenses:
   • In addition to living expenses, students must provide proof of funds to return home after completing the program. This can be an amount equivalent to the cost of a return ticket or additional funds in their account.

Ways to Prove Financial Stability

1. Bank Statement:
   • The student must provide a bank statement showing available funds that meet the requirements for living and studying in Poland.
   • The statement should cover the last 3 months and demonstrate a stable balance.
2. Financial Support from a Sponsor:
   • If the study is financed by a sponsor (parents, relatives, or others), a letter from the sponsor is required, committing to cover all student expenses. This letter must be notarized.
   • A bank statement from the sponsor or other documents proving their financial stability are also required.
3. Proof of Scholarship or Grant:
   • If the student has received a scholarship or grant, they must provide an official letter from the institution granting financial aid, stating the scholarship amount and payment terms.
   • If the scholarship covers only part of the expenses, the student must demonstrate additional funds to cover the remaining costs.
4. Documents Covering Housing Expenses:
   • If housing is provided by the educational institution or paid for by a sponsor, documents confirming payment or a contract with the dormitory/landlord must be attached.

Requirements for Students from Non-EU/EEA Countries

For citizens of non-EU or EEA countries, financial stability requirements are mandatory. Polish law requires students from third countries to provide comprehensive proof of funds before obtaining a long-term visa. Without this proof, the visa application may be denied.

Verification and Responsibility

Polish consular institutions thoroughly verify documents proving the applicant's financial stability. Forged documents or false information may lead to visa denial and legal consequences.

1. Responsibility for Providing False Information:
   • If the applicant provides forged documents, this may result in visa denial, cancellation of an already issued visa, or deportation.
   • If denied based on forged documents, subsequent visa applications may be rejected, and the applicant may face an entry ban to the Schengen zone.

Legal Consequences of Insufficient Financial Stability

1. Visa Denial:
   • If a student cannot provide proof of sufficient funds, the consulate may refuse to issue a visa based on non-compliance with the requirements.
2. Visa Renewal Denial:
   • If the student is already in Poland but cannot prove sufficient funds for extending their stay, they may be denied a renewal of their temporary residence permit (Karta Pobytu).
3. Visa Cancellation:
   • If after receiving a visa, the student does not meet the financial stability conditions, this may lead to visa cancellation and deportation from the country.

Maintaining a sufficient bank balance is one of the key requirements for obtaining a student visa in Poland. Students must provide documents proving their financial stability to cover living and educational expenses. Compliance with all financial requirements of Polish legislation ensures successful visa acquisition and legal residence in the country throughout the study period.

For foreign students studying in Poland, the ability to work during their studies is an important concern. Polish law provides certain opportunities for students holding a type D student visa to work while residing in the country. However, there are restrictions and conditions that must be followed. This article examines the legal aspects of working in Poland for foreign students, legislative requirements, and employment regulations under a student visa.

Legal Status of the Student Visa

1. Type D Student Visa:
   • The long-term national type D visa is issued to students enrolled in Polish educational institutions for more than 90 days. It allows for legal residence in Poland for the duration of the academic year and grants the opportunity to work under conditions defined by Polish law.
2. Temporary Residence Permit (Karta Pobytu):
   • Upon expiration of the type D student visa, students can apply for a temporary residence permit (Karta Pobytu), which also grants the right to work in Poland. This permit extends the student's legal stay in the country and solidifies their status.

Right to Work for Type D Visa Students

1. Employment Without a Work Permit:
   • Foreign students studying full-time in accredited Polish educational institutions have the right to work without needing a separate work permit. This rule applies to students enrolled in undergraduate, master's, or doctoral programs at state or private universities recognized by Polish authorities.
   • This rule applies to both type D visa students and those with a temporary residence permit.
2. Working Time Restrictions:
   • During the academic year, foreign students are allowed to work up to 20 hours per week. This rule aims to maintain a balance between study and work, ensuring that students can fulfill their academic obligations.
   • During vacations (e.g., summer or winter breaks), students are permitted to work full-time (up to 40 hours per week).
3. Self-Employment:
   • Foreign students can register their own business in Poland if they have a temporary residence permit. This allows them to engage in entrepreneurial activities on par with Polish citizens, provided they comply with all legal requirements for business registration and taxation.

Employment Procedure for Students

1. Signing an Employment Contract:
   • For formal employment, a student must sign an employment contract with an employer. In Poland, there are several types of employment contracts:
   • Employment Contract (Umowa o pracę): This is the main type of contract that provides the employee with full labor rights, including vacation, social security, and pension benefits.
   • Contract for Services (Umowa zlecenie): A flexible contract that regulates the performance of specific services or work without the traditional employment conditions.
   • Contract for Specific Work (Umowa o dzieło): A contract for completing a specific task or project, which does not provide the same rights as an employment contract.
2. Registration and Taxes:
   • The employer is obliged to register the student in the social insurance system (ZUS) and withhold taxes from their wages. This includes contributions for health insurance and pension funds.
   • The student is also required to submit an annual tax return (PIT) and pay taxes on income earned from work in Poland.

Restrictions and Exceptions

1. Violation of Employment Conditions:
   • Students who work more than 20 hours per week during the academic semester or work illegally without an appropriate employment contract may face legal consequences. Violating employment conditions can lead to visa or temporary residence permit cancellation.
2. Work Restrictions for Short-Term Visa Holders (Type C):
   • Students holding a short-term Schengen visa (Type C) are not allowed to work. This visa is intended only for short stays and does not provide the right to employment. For legal work, a student must have a long-term type D visa or a temporary residence permit.
3. Changing Visa Status:
   • If a student wishes to continue working in Poland after graduation, they must change their visa status. To do this, the student can apply for a work visa or a residence permit for employment purposes.

Legal Consequences of Visa Violation

1. Visa Cancellation:
   • Violating employment conditions (e.g., working without an employment contract or exceeding the allowed working hours) can lead to cancellation of the student visa or temporary residence permit. This can also affect the ability to extend the visa in the future.
2. Deportation:
   • In cases of serious visa violations, such as illegal work or exceeding the allowed stay, the student may be deported from Poland and face a ban on entry to Schengen countries.
3. Fines and Sanctions:
   • Employers hiring students without proper employment contracts may be fined for violating labor laws. This can also negatively affect the student's reputation and future opportunities.

Recommendations for Students

1. Compliance with Legal Norms:
   • Students should strictly adhere to established employment rules, work only under official contracts, and not exceed working time limits.
2. Consultations with Lawyers:
   • If students have questions regarding the legality of their work or employment contract conditions, they are advised to seek consultation with a lawyer specializing in labor law.
3. Timely Documentation:
   • If a student plans to stay in Poland after graduation for work, it is essential to apply for a visa status change and complete all necessary documents for legal employment in advance.

Polish legislation provides foreign students the opportunity to work while studying, provided certain conditions are met. Holding a type D student visa or a temporary residence permit allows students to work up to 20 hours per week during the academic year and full-time during breaks. It is important to comply with all legal employment requirements to avoid potential legal issues related to visa violations.

Many foreign students studying in Poland consider extending their stay in the country for employment or further education after graduation. Polish legislation provides several opportunities for foreign students to legally remain in Poland after completing their studies. This article discusses the legal grounds for extending stay, requirements for obtaining work permits or temporary residence, and potential consequences of violating visa regulations.

Legal Grounds for Extending Stay After Studies

1. Temporary Residence Permit for Job Search

• After completing their studies, foreign students have the right to apply for a temporary residence permit to search for a job or start their own business. This permit is usually granted for up to 9 months, allowing legal residence in Poland after finishing the educational program.
• Requirements:
  • Documents confirming successful completion of the educational program (diploma or certificate from the institution).
  • Proof of sufficient financial resources for living in Poland throughout the job search period.
  • Health insurance covering possible medical expenses in Poland.
• Students granted this permit can legally stay in the country and search for a job for 9 months. If a student finds a job during this period, they can apply for a change of residence status to a work visa or temporary residence permit for employment.

2. Temporary Residence Permit for Employment

• After graduation, students can apply for a temporary residence permit for employment if they find a job matching their qualifications.
• Requirements:
  • Employment contract or job offer from a Polish employer.
  • Employment conditions must comply with Polish legislation, including minimum wage requirements.
  • Financial guarantees to cover living expenses if the salary at the time of application does not cover all costs.
• This permit allows the foreign national to legally reside and work in Poland for the duration of the contract, with the possibility of extension.

3. Entrepreneurial Activity

• Students who have completed their studies in Poland can register their own business and obtain a temporary residence permit for entrepreneurial activity.
• Requirements:
  • Business plan demonstrating the economic viability of the project.
  • Proof of financial resources to launch and operate the business.
  • Business registration in the Polish Commercial Register (CEIDG or KRS).
• The temporary residence permit for entrepreneurial activity is granted for up to 3 years and can be extended upon successful business operation.

4. Extension of Stay for Further Education

• If a student plans to continue their education at a higher level (e.g., enrolling in a master's program after a bachelor's), they can apply for an extension of their temporary residence permit for education.
• Requirements:
  • Letter of acceptance into a new educational program from an accredited institution.
  • Proof of sufficient funds for living expenses and tuition fees.
  • Health insurance.

Application Procedure for Extending Stay

1. Document Preparation

• The student must gather a complete set of documents, including:
  • Valid passport.
  • Proof of completion of studies (diploma or certificate from the institution).
  • Financial documents confirming the availability of funds for living expenses.
  • Health insurance valid for the entire duration of the intended stay.
  • Additional documents depending on the reason for extending stay (employment contract, business plan, etc.).

2. Application Submission to the Office for Foreigners

• The application must be submitted in person at the local office of the Office for Foreigners (Urząd do Spraw Cudzoziemców) no later than 45 days before the expiration of the current residence permit.
• Upon application submission, the student must undergo biometric data collection.

3. Waiting for a Decision

• Processing times can vary but usually range from 1 to 3 months. During the application review period, the student receives a temporary certificate confirming legal residence in Poland.

4. Receiving the Decision

• If the application is approved, the student receives a new temporary residence permit with the corresponding conditions (job search, employment, entrepreneurship, or further education).

Legal Consequences of Violating Visa Regulations

1. Deportation and Entry Ban

• If a student fails to apply for an extension before their current residence permit expires, their stay in Poland becomes illegal. This may lead to deportation and a ban on entering Poland and other Schengen Area countries for a certain period.

2. Future Visa Denials

• Violating visa regulations may also negatively affect future visa applications. Students who have violated stay conditions may face denials when applying for new visas or residence permits.

3. Cancellation of Residence Permit

• If a student provides false information or fails to comply with permit conditions (e.g., ceasing education or not starting work after receiving a residence permit for employment), the residence permit may be revoked.

Practical Recommendations for Students

1. Timely Application Submission

• Students are advised to submit applications for extending stay at least 45 days before the expiration of their current permit. This helps avoid illegal stay and potential sanctions.

2. Thorough Document Preparation

• All documents should be meticulously prepared and verified for compliance with the Office for Foreigners' requirements. Any errors or incomplete information may lead to delays or denials in application processing.

3. Consultations with Lawyers

• If there are difficulties with the application process for extending stay or employment, it is advisable to seek legal counsel from a lawyer specializing in immigration law.

Polish legislation provides foreign students with ample opportunities to extend their stay after graduation. Students can remain in the country for job searching, employment, starting a business, or continuing education. However, it is crucial to comply with all legal requirements and submit extension applications promptly to avoid illegal status and legal consequences.