HR Signal: The EU Whistleblowing Directive

Read more

Restriction of entry of foreigners to Poland in view of coronavirus

20.03.2020

The Polish government has prohibited entry to Poland for non-Polish nationals effective from 15 March 2020. The rules were amended on 17 March 2020. There are a number of categories of exempted from the entry ban.

The entry ban does not apply to the following categories of non-Polish citizens:

(1) spouses of Polish citizens, children of Polish citizens, children remaining under childcare of Polish citizens;

(2) holders of a Pole’s Card (Karta Polaka);

(3) heads of diplomatic missions and members of the mission’s diplomatic and consular staff, i.e. persons possessing diplomatic rank and their family members;

(4) holders of permanent or temporary residence right

(5) holders of right to work in the territory of Poland, i.e. foreigners entitled to work on the same terms as Polish citizens, holders of work permits, holders of seasonal work permit and holders of short-term work permit (oświadczenie) provided that they

  1. a) perform work in Poland

or

  1. b) present documents confirming that performing work will be started shortly after crossing the border

(6) foreigners who run a means of transport for the transport of persons or goods, and their transit takes place as part of their professional activities consisting in the transport of goods or the transport of persons.

(7) other, particularly justified cases (subject to individual decision of the commander of Border Guard post after approval by the Chief Commander of the Polish Border Guard)

The list of exemptions does not include in particular the following categories of non-Polish citizens:

(1) EU citizens who are not working in Poland and do not fall under any other exempt category listed above – e.g. students, family members of foreigners working in Poland, EU citizens in transit to their home countries via Poland. It remains uncertain whether such EU citizens could argue they fall under exempt category (4) above.

(2) non-EU citizens who are not working in Poland, do not have a permanent or a temporary residence permit and do not fall under any other exempt category listed above – e.g. students staying in Poland on the basis of a visa, family members of a foreigner working in Poland who stay with the foreigner on the basis of a visa.

Each foreigner after crossing border should undergo a quarantine for 14 days at their place of residence in Poland. Only foreigners showing symptoms of coronavirus will be subject to hospital treatment. The same rules apply to returning Polish nationals.

The entry ban is introduced until further notice.