Can you leave

The MOS portal answers that trips after submitting the application are permitted, but may complicate the proceedings and delay the decision. Numerous or long trips may also undermine your claim that you intend to stay in Poland.

The certificate is not for travel

The certificate of submission of the application confirms that you submitted the application and that your stay in Poland is legal until the day the decision becomes final (Art. 108 paras. 1 and 3 of the Act on Foreigners). According to the MOS portal, you cannot use the certificate either when leaving Poland or when returning. It also does not entitle you to travel in the Schengen area. See: UPO and certificate.

On what basis you will return

Before you leave, check on what basis you will enter Poland again:

  • A valid residence card. If your existing card is still valid, together with the passport it entitles you to cross the border many times without a visa (Art. 242). After its validity ends, this basis disappears. See: travelling with a residence card.
  • A visa. If your country is subject to the visa requirement, the MOS portal indicates that you need a visa to return.
  • Visa-free travel. If you meet its conditions. The MOS portal indicates that after such a return you can stay in Poland until the day the decision becomes final - also for longer than visa-free travel allows. The 90/180 stay analysis will help you count the days of visa-free stay in the Schengen area.

If you have no basis for entry, you may get stuck abroad until the decision. As a rule you cannot submit a new temporary residence application from abroad - the voivode will refuse to initiate the proceedings (Art. 99 para. 1 point 10). See: applications outside MOS.

Summonses while you are away

  • Appearing in person. The voivode summons you to the office to present your passport and to give your fingerprints and a specimen signature - within a period of not less than 7 days from the delivery of the summons (Art. 106e para. 1). If you do not appear, the voivode discontinues the proceedings (Art. 106i para. 1). A proxy will not do this for you. See: fingerprints.
  • Documents. The voivode gives at least 14 days from the delivery of the summons to submit documents (Art. 106f). See: summons to supplement.
  • The decision. An appeal is filed within 14 days from the delivery of the decision (Art. 129 para. 2 of the Code of Administrative Procedure). Watch this deadline also while you are away.

A proxy and an address

The MOS portal advises appointing a proxy in the case before every trip. If you appoint one, the office delivers letters to the proxy (Art. 40 para. 2 of the Code of Administrative Procedure). A power of attorney is granted in writing (Art. 33 para. 2). See: signature and proxy.

During the proceedings notify the office of every change of address. If you do not, a letter sent to the old address is deemed delivered (Art. 41 of the Code of Administrative Procedure).

Do not suspend the case without checking the consequences

If the proceedings are suspended at your request, the rule on legal stay after submitting an application does not apply (Art. 108 para. 2 of the Act on Foreigners). Check this before you ask for suspension for the time of a trip.