Author: admin_legalwings

Many foreigners driving cars in Poland know that their driving licence needs to be changed. However, information on how and when to do this varies.

On the one hand, everything is simple – collect the documents, submit them to the local Office and get your driving licence. But on the other hand, once you get into the process, you start to encounter various obstacles and difficulties.

There is the Vienna Convention on Road Traffic, signed in 1968. All signatory countries recognise each other’s driving licences, which means that a driving licence issued in one country can be used in others.

In addition to the convention signed in Vienna in 1968, there are a number of countries that recognise the earlier Geneva Convention (1949). Signatories to the latter only recognise the international format of national driving licences.

Obtaining an international driving licence is straightforward – simply apply to the traffic police department where you live. They are conditionally issued free of charge (depending on the country, small fees may be charged for the issuance), dealt with quickly and do not require additional tests.

It is legal to use in Poland a driving licence issued in countries that have signed the Vienna Convention. However, in the case of a longer stay (more than 185 days in a calendar year), it is necessary to exchange the driving licence for a Polish one.

It is clear from the above that replacement of a driving licence issued in the signatory states of the Convention is required in the case of residence (staying) in Poland for more than 185 days a year. The question arises as to how exactly these days are counted – total or consecutive?

According to the law, persons “residing in the territory of the Republic of Poland for at least 185 days in each calendar year” must exchange their driving licence. As you can see, there is no word “consecutive” or similar in the wording, so the total stay during the year is taken into account.

What happens if you don’t change it?

In the vast majority of cases, the police, when checking the documents, will either not check the foreigner’s length of stay in the country at all, or will hastily count the stay according to the sign of the last entry. But!

In the event of a breach of the requirement to replace the driver’s licence with a 185-day stay, in the event of an insurance incident, the insurance company will have legal grounds to refuse payment.

According to the wording of Article 11(1)(5) of the Act on Driving Drivers, driving licences may only be obtained by persons (among others) who have been warned of criminal liability for false statements/statements of untruths, including a stay of more than 185 days per year.

Where can I exchange my driving licence in Poland?

Local authorities are responsible for exchanging driving licences in Poland. An application for exchange of driving licence must be made at the place of registration with one of these institutions:

Starost’s office.

City office.

District office.

Please note that documents will only be accepted at the place of registration, which means that you must be registered.

Foreign signatories of the Vienna Convention who exchange their national driving licence for a Polish one do not have to pass a theory and practice test.

They only have to confirm that the driving licence is valid and that the details on it correspond to reality, for which an application will be sent to their home country. This point poses some difficulties. This is because the document is not provided by the foreigner, but required by the officials themselves. This can lead not only to additional costs, but also to a longer waiting time for a Polish driving licence. In most cases, the answer comes within 2-6 weeks, but there have also been situations of waiting for many months. It does not matter whose fault it is – the consulate or the local authority to which the application is addressed. In any case, it has an impact on the time spent by the foreigner.

General list of documents for exchange of driving licence to Polish driving licence:

1. application for exchange of driving licence.
2. current photograph – 1 piece of 35 x 45 mm.
3. foreign passport.
4. visiting card or visa in passport.
5. Proof of registration.
6. medical certificate (for specialised transport drivers).
7. The original of the existing licence and a copy thereof, together with a translation.
8. proof of payment of the required fees.

Application form

The application is drawn up on a specific form. It can be obtained, and a specimen of its completion can be found, directly from the institution of choice. Often the forms are available for download on the websites of municipalities (cities, counties).

Photo

The photo is taken against a white background and the face takes up at least 70-80% of the total photo area. There are many other conditions. To simplify understanding, it should be said that the photo is taken in accordance with the visa rules

Passport and basis of residence

The passport is provided for familiarisation. If there is a visa – it is in the passport itself. The residence card is provided separately.

There are only two points to note. Firstly, none of the documents can be taken away from the foreigner during the processing of the application, but copies can be made. Secondly, the issue of replacing the driving licence during a visa-free stay is ambiguous. In the absence of other prerequisites, which in combination with the applicable ‘visa-free movement’ gives the necessary 185 days, the exchange may be rejected.

Medical certificate

A certificate of fitness to drive is mandatory. The difficulty is that two reports are required: a general medical report and a separate psychological report.

Foreign driving licence and its translation

The law states that it is necessary to provide a copy of the foreign driving licence with a sworn translation.

Application through the consulate on the legality of rights

Once again, the foreigner does not provide this document himself. However, such a request can be made by the official responsible for issuing the permit. On the one hand, the applicant is not interested in the technology of the process – it is not in the competence of the person changing the driving licence to worry about how, from whom and what the local authorities demand.

The cost of changing a driving licence is PLN 100.50. On top of this, there may be the cost of translating documents and confirming the legality of the driving licence.

This is basically all that is known about changing a driving licence in Poland.

In the broadly understood exchange of employers and employees between Poland and countries that are not members of the Schengen area, there is no institution of the so – called Investor visa. We will find this type of visa for citizens of countries that have concluded an agreement with the USA and need a visa to enter the territory of this country. From a foreigner’s perspective, this is definitely a very comfortable type of document because having it allows you to legally work for the company you run. It also allows multiple border crossings and long-term stays in the US.

When obtaining a visa to Poland, entry permission will not always be granted multiple times, which in practice may turn out to be very frustrating considering the lengthy legalization processes. In addition, an investor visa also allows the family of a foreigner who is entitled to study or work to settle in the United States. It is also a comfort if we were to compare the process in Poland, where in order to legalize family members, the same complicated process must be carried out as in the case of people performing work. Sometimes it may even turn out that more documents needed to obtain a positive decision will have to be submitted than in the case of the main breadwinner. However, if you read carefully the regulations of both countries, you can see many similarities, which are presented in Poland in a completely different form, but meet at a common point.

We can say with certainty that both the United States and Poland focus on economic development, so investing in their territories is very beneficial. To answer the question whether Poland should introduce the institution of an investor visa, we need to loo k at our national regulations. We will focus primarily on discussing the possibilities of establishing and running a business in our country.

Many people think that the business visa operating in Poland is the equivalent of the investor visa operating in the USA, but this is a false assumption. First of all, it should be emphasized that this is not a document authorizing settlement or multiple entries into the territory of Poland. It is, of course, possible to issue a visa that allows this multiple entry, which must be indicated in the visa application. Obtaining a permit for just one or two entries is also possible.

What is the main factor motivating the decision?

First of all, these will be the documents that the Foreigner decides to attach to the application. This is a type of visa intended for business trips and the necessity of such a trip must be demonstrated to the Polish consul. If you plan on long -term negotiations or training, you can apply for a multiple-entry visa, which is, of course, more difficult and requires preparation. It is also a visa that can be compared to a tourist visa – it allows short-term trips.

Basic documents:

• Visa application form;
• Photo of the applicant;
• Passport issued within the last ten years, valid for at least three months from the expected date of return, with at least two blank pages in the case of visas.
• Copy of the passport page with personal data and photo;
• Card with ID card number with photocopy of all pages and official translation;
• Health insurance valid throughout the European Union;
• A copy of an identity document confirming legal residence in the consular district to which the application relates;
• Proof that you have sufficient means to live;
• Proof of accommodation (for example an official invitation or hotel reservation);
• Flight booking with Passenger Registration Number, as the visa will usually be issued on the dates specified in the flight booking – if possible, the embassy itself advises that the tickets should be paid only after obtaining the visa

In addition to the basic documents, the business visa must be accompanied by many other documents that will prove that we have a business purpose in visiting Poland for some time.

1. An official invitation from a business partner in Poland, specifying the purpose and duration of the visit and the expenses that will be covered by the Polish company.
2. Certificate of company registration in the Official Journal or trade card issued by the Ministry of Trade + photocopy.
3. Original bank statement from a local company and/or private bank account for the last 3 months, proof of social security payment.
4. A letter of recommendation from the employer, printed on official paper with a letterhead, specifying the purpose and duration of the visit, the candidate’s current position in the company and what expenses the local company will cover, etc.
5. Existing contracts, orders, evidence of commercial transactions with the Polish company.

As you can see, to obtain a business visa we need a lot of documents that will prove that the purpose of our visit is indeed real.

Another way for a foreigner to run a business in Poland is to submit an application for a temporary residence permit for the purpose of running a business. However, there are many conditions that must be met and are based on the current economic situation in Poland. You must then submit this exact application to the office and demonstrate that the activity will be useful for the Polish economy, so you must submit documents confirming that the activity is beneficial for the Polish economy, including: contributes to increased investment, technology transfer, introduction of beneficial innovations or job creation, etc.

According to many opinions, establishing a company is one of the processes that requires the most formalities, however, for persons who are not citizens of countries belonging to the European Union or EEA, it may turn out to be the best way to run a business. The recommended type of company is primarily a limited liability company, because it should be remembered that when running a sole proprietorship, we are liable with all our assets for all liabilities incurred. Companies can offer many benefits, especially in terms of taxation, which further increases their attractiveness.

If you want to enter into a partnership agreement, you really need to prepare a lot of documents and meet strict deadlines, but especially when using the services of a professional company, the process has a great chance of success. It should start with the information that foreigners who do not have one of the residence titles listed in the Act have the right to undertake and conduct business activities only in the form of a limited partnership, a limited joint-stock partnership, a limited liability company, a simple joint-stock company and a joint-stock company, as well as to join such companies and take up or acquire their shares, unless international agreements provide otherwise.

Therefore, nothing prevents them from concluding a company with a temporary residence permit for the purpose of working or another popular form of legalizing their stay in Poland. To set up such a company, they do not even have to stay in Poland – granting a power of attorney to a person who will take care of the formalities is a way to limit the frequency of stays in Poland.

The basic thing that you need to do if you want to start the process is to have a PESEL number so that you can cooperate with Polish offices online.

From experience, we can admit that obtaining a visa due to the fact of conducting business in Poland makes it much easier for the consul to issue a positive decision. One of the best ways is to set up an online company, thanks to which we will be able to go to Poland to develop our company and, in the longer term, apply for a temporary residence permit in order to run a business.