Short-term mobility of researcher’s family members

Family members holding the residence permit referred to in Article 1(2)(a) of the Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ EU L 157 of 15.06.2002, p. 1, as amended) or a long-stay visas, with the annotation “researcher,” issued by another European Union Member State applying Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (recast) (OJ EU L 132 of 21.05.2016, p. 21) (this does not apply to residence permits issued by Great Britain, Ireland and Denmark), including a state which does not belong to the Schengen Area, can benefit from the short-term mobility of researchers’ family members on the territory of the Republic of Poland for a period not exceeding validity of this residence permit or long-stay visa issued for family reunification, which means the right to enter, stay in order to stay as a member of the family of the researcher carrying out part of research or development in a research unit established in the territory of Poland for up to 180 days in any period of 360 days, regardless of the possibility of benefiting from this mobility in other EU Member States applying Directive 2016/801/EU, under certain conditions.

A foreign national who is a researcher’s family member can benefit from the short-term mobility of researcher’s family members, if the following conditions are met cumulatively:

1) the purpose of a stay on the territory of Poland of a foreign national being a family member of a researcher who benefits or intends to benefit from the short-term mobility of a researcher is a stay with that researcher in that territory;

2) a foreign national being a family member of a researcher has a residence permit for the purpose of family reunification and a residence permit issued in connection with this permit, referred to in Article 1(2)(a) of Regulation No. 1030/2002, issued by another European Union Member State which issued a residence permit, referred to in Article 1(2)(a) of Regulation No 1030/2002, or a long-stay visa, with the annotation “researcher,” to that researcher;

The condition for a foreign national to benefit from the short-term mobility of the researchers’ family members on the territory of Poland is also that the Head of the Office for Foreigners:

  • receives a notice of intention of the foreign national to benefit from this mobility from the research unit established in the Republic of Poland approved by the minister competent for internal affairs,
  •  does not issue a decision on objection within 30 days.

A foreign national who wants to benefit from the short-term mobility of researchers’ family members in the territory of Poland should also have a residence permit for the purpose of family reunification and a residence permit issued in connection with this permit, referred to in Article 1(2)(a) of Regulation No 1030/2002, issued by another European Union Member State which issued a residence permit, referred to in Article 1(2)(a) of Regulation No 1030/2002, or a long-stay visa, with the annotation “researcher,” to that researcher.

The notice should be made in Polish, submitted in a written form, in paper form or in an electronic form sent to the electronic mailbox of the Head of the Office for Foreigners and include data and information on the foreign national who intends to  benefit from the short-term mobility:

1) first name(s) and last name;

2) date and place of birth;

3) sex;

4) citizenship;

5) series, number and date of expiry of the travel document held by the foreign national;

6) the planned period or periods of research or development carried out by the researcher on the territory of the Republic of Poland;

7) name of the European Union Member State which issued the residence permit referred to in Article 1(2)(a) of Regulation No 1030/2002 or the long-stay visa with the annotation “researcher” to the foreign national;

8) validity of the residence permit or the validity and permissible period of stay indicated in the long-stay visa referred to in point 7;

9) validity of the residence permit for the purpose of family reunification and the residence permit issued in connection with this permit, referred to in Article 1(2)(a) of Regulation No. 1030/2002, issued to a researcher’s family member by a European Union Member State which issued a residence permit, referred to in Article 1(2)(a) of Regulation No 1030/2002, or a long-stay visa, with the annotation “researcher,” to the researcher;

 10) information on the health insurance of the researcher’s family member;

 11) information on funds held by the researcher’s family member to cover the cost of living and return travel to the European Union Member State referred to in point 7;

 12) name and address of the scientific institution established in the territory of a European Union Member State, referred to in point 7, in which the researcher whose family member is a foreign national is or has been carrying our research or development;

 13) name and address of the scientific unit on the territory of the Republic of Poland where research or development is or will be carried out by the researcher;

 14) name, official position and signature of the person or persons authorised to represent the research unit established in the territory of the Republic of Poland.

The notice should be accompanied by the following documents:

1) evidence that the foreign national has health insurance within the meaning of the Act of 27 August 2004 on health care services financed from public funds or a confirmation that the insurer covers costs of treatment on the territory of the Republic of Poland;

2) evidence  that the foreign national has sufficient funds to cover the cost of living and return travel to the European Union Member State which issued the residence permit referred to in Article 1(2)(a) of Regulation No 1030/2002 or the long-stay visa, with the annotation “researcher,” to the foreign national in the amount required for foreigners applying for a temporary residence permit for the purpose of carrying out research https://udsc.gov.pl/cudzoziemcy/obywatele-panstw-trzecich/chce-przedluzyc-swoj-pobyt-w-polsce/zezwolenie-na-pobyt-czasowy/studia-i-nauka/studia/;

3) a residence permit for the purpose of family reunification and a residence permit issued in connection with this permit, referred to in Article 1(2)(a) of Regulation No. 1030/2002, issued by another European Union Member State which issued a residence permit, referred to in Article 1(2)(a) of Regulation No 1030/2002, or a long-stay visa, with the annotation “researcher,” to that researcher.

Documents prepared in a foreign language shall have a certified translation into Polish attached.

The Head of the Office for Foreigners shall issue a decision on objection if:

1) a residence permit for the purpose of family reunification and a residence permit issued in connection with this permit, referred to in Article 1(2)(a) of Regulation No. 1030/2002, issued by another European Union Member State which issued a residence permit, referred to in Article 1(2)(a) of Regulation No 1030/2002, or a long-stay visa, with the annotation “researcher,” to the researcher does not cover the period of the planned short-term mobility of researchers’ family members, or

 2) the foreign national does not have a health insurance within the meaning of the Act of 27 August 2004 on health care services financed from public funds or a confirmation that the insurer covers costs of treatment on the territory of the Republic of Poland, or

 3) the foreign national does not have sufficient funds to cover the cost of living and return travel to the European Union Member State which issued the residence permit referred to in Article 1(2)(a) of Regulation No 1030/2002 or the long-stay visa with the annotation “researcher” to the researcher with whom the foreign national intends to stay in the territory of the Republic of Poland in an appropriate amount, or

 4) the notice includes false personal data or information, or documents attached include such data or information, or have been forged or modified, or

 5) data of the foreign national is entered into the list of foreigners whose stay in the territory of the Republic of Poland is undesirable, or

 6) data of the foreign national is included in the Schengen Information System for the purposes of refusing entry, or

 7) it is required for reasons of national defence or security or for the protection of public safety and order.

The decision of the Head of the Office for Foreigners on the objection is final in the administrative course of the instance.

After receiving the notice, the Head of the Office for Foreigners requests the Commander-in-Chief of the Border Guard, the Chief Police Officer, the Head of the Internal Security Agency, and if necessary also other bodies, for information on the circumstances to issue a decision on the objection referred to in point 7. The above-mentioned authorities provide information within 20 days from the receipt of the request.

A foreign national entering the territory of the Republic of Poland in order to benefit from the short-term mobility of researchers’ family members in connection with the possession of a residence permit for the purpose of family reunification and the residence permit issued in connection with this permit, referred to in Article 1(2)(a) of Regulation No 1030/2002, issued by another European Union Member State which issued a residence permit, referred to in Article 1(2)(a) of Regulation No 1030/2002, or a long-stay visa, with the annotation “researcher,” to the researcher, issued by another European Union Member State which is not a state of the Schengen Area, provides a copy of the aforementioned notice.

The remaining entry conditions, as defined in the Schengen acquis, also apply.

In order for the foreign national to benefit from the long-term mobility of researchers’ family members on the territory of Poland (for a period exceeding 180 days), it is necessary to apply for a temporary residence permit.