Short-term mobility of researchers

The holders of 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-term visa, with “researcher” annotation, issued by the other member state of the European Union applying the Directive of the European Parliament and of the Council (EU) 2016/801 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) (does not apply to residence permits issued by Great Britain, Ireland and Denmark), including by the state not belonging to the Schengen area, may benefit from the short-term mobility of researchers at the territory of the Republic of Poland in the period not exceeding the validity of this residence permit or long-term visa, which translates into the right of entry, stay and for the purpose of a part of scientific research or development works in the research organisation having it seat at the territory of Poland within the period of up to 180 days in any period of 360 days regardless of the opportunities to benefit from this mobility in the other EU member states applying the Directive 2016/801/EU, on the specific conditions.

A foreigner being a researcher is entitled to benefit from the short-term mobility of researchers provided that the following conditions are jointly met:

1) the purpose of stay at the territory of the Republic of Poland of the foreigner being the researcher is performance of a part of scientific research or development works in the research organisation having it seat at the territory of Poland approved by the minister competent for interior;

2) the residence document, referred to in Article 1(2)(a) of the Regulation No.  1030/2002, held by the foreigner, or long-term visa, issued by the other EU member state, contains the “researcher” annotation.

The condition of benefiting by a foreigner from the short-term mobility of researchers at the territory of Poland is that the Chief of the Office for Foreigners:

  • obtains the notification of the intended benefiting by the foreigner from this mobility from the research organisation having it seat at the territory of Poland approved by the minister competent for interior,
  •  issues no objection decision within 30 days.

The notification should be drawn-up in Polish language, submitted in writing, in paper form or in electronic form at the email inbox of the Chief of the Office for Foreigners and contain the following data and information on the foreigner:

1) name(s) and surname;

2) date and place of birth;

3) sex;

4) nationality;

5) series, number and validity date of the travel document held by the foreigner;

6) planned period or periods of scientific research or development works performance by the researcher at the territory of the Republic of Poland;

7) name of the member state of the European Union that issued the residence permit, referred to in Article 1(2)(a) of the Regulation No. 1030/2002, or long-term visa with the “researcher” annotation, to the foreigner;

8) validity date of the residence permit or validity permit and permissible period of stay specified in the long-term visa, referred to in item 7;

9) name and address of scientific institution at the territory of the member state of the European Union, referred to in item7, in which the foreigner performs or performed the scientific research or development works;

10) name and address of scientific institution at the territory of Republic of Poland , in which the scientific research or development works are to be performed;

11) name, surname, position and signature of the person or persons authorised to represent the scientific organisation having its seat at the territory of the Republic of Poland.

The notification should be enclosed with:

1) evidence of holding by the foreigner of the residence document, referred to in Article 1(2)(a) of the Regulation No. 1030/2002, held by the foreigner, or long-term visa, issued by the other EU member state, contains the “researcher” annotation;

 2)  evidence of holding by the foreigner of the health insurance in the meaning of the Act of 27 August 2004 on healthcare services financed from public funds or confirmation of covering the costs of treatment at the territory of the Republic of Poland by the insurer;

3) evidence of holding by the foreigner of sufficient funds to cover the costs of stay and return to the member state of the European Union that issued the foreigner with the residence permit, referred to in Article 1(2)(a) of the Regulation No. 1030/2002, or long-term visa with “researcher” annotation, in the amount required from the foreigners applying for temporary residence permit for the purpose of scientific research https://udsc.gov.pl/cudzoziemcy/obywatele-panstw-trzecich/chce-przedluzyc-swoj-pobyt-w-polsce/zezwolenie-na-pobyt-czasowy/naukowiec/;

 4)  the hosting agreement for scientific research or development works made with a foreigner, on the basis of which the foreigner is to perform a part of scientific research or development works in the research organisation having its seat at the territory of the Republic of Poland, concluded with this organisation as an employment contract, contract for commission or mandate agreement or any other civil-law agreement and specifying:

a) the title or purpose of scientific research or development works or their area,

b) an undertaking by the researcher to participate in scientific research or development works,

c) an undertaking by the research organisation to ensure due conditions to the researcher enabling completion of its undertaking,

d) the start and end date or the estimated duration of scientific research or development works,

e) the remuneration of the researcher and other working conditions.

The documents drawn-up in a foreign languages are submitted with sworn translation into Polish language.

The Chief of the Office for Foreigners shall issue an objection decision when:

  1)  validity period of the residence document held by the foreigner, referred to in Article 1(2)(a) of the Regulation No. 1030/2002, or long-term visa issued by the other EU member state, containing the “researcher” annotation, covers no period of the planned short-term mobility of researchers or

 2)  the foreigner holds no health insurance or

 3)  the foreigner holds no sufficient funds to cover the costs of stay and return to the member state of the European Union that issued the foreigner with the residence permit, referred to in Article 1(2)(a) of the Regulation No. 1030/2002, or long-term visa with “researcher” annotation, in the amount required from the foreigners applying for temporary residence permit for the purpose of scientific research https://udsc.gov.pl/cudzoziemcy/obywatele-panstw-trzecich/chce-przedluzyc-swoj-pobyt-w-polsce/zezwolenie-na-pobyt-czasowy/naukowiec/ , or

4)  the research organisation acts primarily to facilitate illegal entry or stay at the territory of the Republic of Poland or

 5) the research organisation conducts no real scientific activity or was declared bankrupt or is currently liquidated or

6)  the notification contains false personal data or information or the accompanied documents contain such data or information that were counterfeited or falsified or

 7)  there is a valid entry of data of the foreigner to the list of foreigners, stay at the territory of the Republic of Poland is undesired or

 8)  the foreigner data are entered into the Schengen Information System for the purposes of refusing entry or

 9)  this is required due to the reasons of the state defence or national security and public order.

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

Upon receiving the notification, Chief of the Office for Foreigners request the Chief Commandant of the Border Guard, Chief Commandant of the Police Forces, Chief of the Internal Security Agency, and, if needed, the other authorities, to provide information on any circumstances to issue the objection decision, referred to in item 4 or 9. These authorities provide information within 20 days from the date of request.

The foreigner entering the territory of the Republic of Poland for the purposes of benefiting from the short-term mobility of researchers with regard to holding the residence permit, referred to in Article 1(2)(a) of the Regulation No. 1030/2002, or long-term visa containing the “researcher” annotation and issued by the other EU member state being not the Schengen state, presents a copy of notification, referred to above.

The remaining conditions of entry specified in the Schengen acquis shall also apply.

The foreigner willing to benefit from the long-term mobility of researchers at the territory of Poland (above 180 days) is required to apply for temporary residence permit for the purpose of benefiting from the long-term mobility of researchers.