I am not a citizen of Ukraine, I left Ukraine in mid-April, I don’t have any visa. No stamp was placed at the border. Do I still have the right to 15 days legal residence in Poland?
First of all, it should be indicated that if the Enquirer is not a citizen of Ukraine and is a person indicated in the Council’s executive decision, the regulations of the Act of 12 March 2022 on assistance for citizens of Ukraine in connection with armed conflict in the territory of that state and the regulations of the Act of 13 June 2003 on granting protection to foreigners within the territory of the Republic of Poland do not apply to her/him.
The Enquirer entered the territory of Poland under the consent of the Commandant in Chief of the Border Guard post, which was granted after obtaining the consent of the Commandant in Chief of the Border Guard. This consent shall be given without any special procedure, and the grounds for granting it are defined in Article 6(5)(c) of the Schengen Borders Code. The Commander’s consent is granted for 15 days and for this period the person may legally stay on the territory of the Republic of Poland.
Within 15 days the Enquirer should leave the territory of the Republic of Poland or undertake actions aimed at legalising his/her stay in Poland. Regarding the fact that the Enquirer did not receive a stamp in his/her passport, the mere fact that this was not done does not mean that the Enquirer’s data were not entered into the computer system for persons entering the territory of the Republic of Poland. It is in the interest of the Enquirer to declare/register his/her stay in Poland or, alternatively, to obtain an appropriate entry confirmation, so that no one can accuse him/her of illegal stay and the related consequences in the future.
Answering the question concerning the end date of entry into the territory of the Republic of Poland (until when it is possible to use the “15 days” entry into Poland). The consent of the Commander in Chief of the Border Guard post, which is granted after obtaining the consent of the Commander in Chief of the Border Guard, does not have a specific procedure and the prerequisites for granting it are, in a way, general clauses (they are very broad and allow for considerable freedom of interpretation).
The nature of the consent is optional, i.e. the commanding officer may grant consent, but is not obliged to do so. Therefore, it cannot be stated unequivocally when the Commanders of Border Guard posts will cease to grant such consents.