Prolongation of the Schengen and national visa to Poland

First of all, it is necessary to understand the main thing: it is possible to extend a visa without leaving the territory of the Republic of Poland. But this process is possible only under certain circumstances. Legislation directly calls such cases exceptional that depend, in particular, on the type of visa.

Differences between the validity of a visa and the stay

For a better understanding of the situation, it is worthwhile to pay attention to the difference in the terms of “action” and “stay.” For some types of documents, these data are different: for example, a visa can be issued for a year (this is the validity of visa), but it may allow only 180 days of stay in the country (this is the period of stay) during the specified year.

Excess of stay, even if the period of validity a visa has not expired, is a violation of law, and requires urgent measures to eliminate the violation! More information about the visa corridor can be found in another article.

The general principles for extending the validity period of a visa and the length of stay in the territory of the Republic of Poland are similar. Further, this process will be referred to as the extension of a visa. Now you know what the validity of the visa is, the order of its extension will be considered further.

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How to prolong a Polish visa?

Prolongation of a Schengen visa

Prolongation of a Schengen visa may be:

  • Mandatory;
  • Optional.

In case of mandatory extension, the period of validity of a visa issued or length of stay under said visa may be extended if the visa holder can prove that, due to unforeseen circumstances or for humanitarian reasons, he cannot leave the territory of the Member States before the expiry of the visa or before the end of the authorized period of stay.

The reasons for the optional extension of the Schengen visa may be personal reasons, but their significance must be very high.

Prolongation of employment visas

To extend the term of the national employment visa, the grounds are strictly regulated by law. It is necessary to know that the grounds are not one of the following reasons, but all of them at the same time:

  1. The existence of important humanitarian or professional or personal reasons preventing departure from the territory of the Republic.
  2. The conditions specified in the previous paragraph occurred regardless of the applicant’s desire, and they were not and could not be foreseen initially (at the time of obtaining a renewed visa).
  3. The purpose of the previous stay in the Republic of Poland did not differ from the declared one.
  4. No circumstances resulting in refusal to issue a national visa are present – such circumstances are the following:
  • the foreigner’s personal data is entered in the register of foreigners whose stay on the territory of Poland is undesirable;
  • the foreigner does not possess sufficient financial means to cover the costs of the planned stay in Poland and return to the country of origin or residence or for transit to a third country that will permit entry, and there is no legal possibility of obtaining such funds;
  • lack of health insurance;
  • the entry and residence of the foreigner in Poland may pose a threat to nation defense, security and public order or may endanger the interests of the Polish state;
  1. The foreigner’s Passport does not meet the following criteria:
    • the expiry date is not earlier than 3 months before the expiry date of the visa being applied for;
    • it does not contain at least two blank pages;
    • it has not been issued within the last 10 years;
  2. During proceedings to obtain the national visa, the applicant has submitted falsified documents or documents attesting to a falsehood;
  3. The foreigner has not justified the purpose or conditions of the planned stay

A national visa or authorized period of stay covered by the visa can also be extended for a foreigner who is in hospital, and whose health precludes the possibility of leaving Poland. The foreigner will be permitted to stay in Poland until his health allows him/her to leave the country. National visa prolongation shall be carried out only once.

At last, you can stay in Poland if you get the Poles Card or a voivodeship visa.

Documents

The application for prolongation of the term is submitted to the voivodeship where the foreigner lives. The package shall include the following documents:

  • form of a standard sample;
  • photo according to general visa requirements;
  • valid international passport;
  •  document that is the basis for prolongation;
  • insurance;
  • confirmation of solvency;
  • temporary registration;
  • payment receipt.

Depending on local regulations, the Voivodship may require other documents, as well as a personal visit by an alien to the organization.

When to submit the application?

Foreigners who wish to extend their stay under a visa (Individual Country Visa and Schengen Visa) must apply for a visa prolongation no later than the day of the expiry of the authorised period of stay indicated in the visa.

In case of mandatory Schengen visa prolongation, or if the foreigner is hospitalised, the application may be submitted on the last day of the authorised period of stay indicated in the relevant Schengen visa or national visa.

An application for visa prolongation filed after the deadline will not be considered and it means the foreigner stays in Poland illegally.

When submitting an application, it must be ensured that a corresponding stamp is affixed – this will allow a legal stay in the RP for the period of consideration of the request.

In most cases, officials need about a week to review the application. However, the law allows to extend the waiting period to a month or even up to two months in special cases.

Appeal of refusal

A foreigner dissatisfied with a decision has the right to appeal against it to the Head of the Office for Foreigners in Warsaw, through the voivode with jurisdiction in the foreigner’s place of residence. The written appeal is to be lodged within 14 days of receipt of the decision.

The extension of the term is a difficult one and requires a good knowledge of the nuances of the process. Before starting the procedure, it is worthwhile to study the list of grounds carefully. Further, you should familiarize yourself with the list of documents and ways of their registration. If everything is done correctly, the official prolongation of the term will become quite real and the money will not be lost.