Poland has confirmed that the 1991 bilateral visa-waiver agreement that once allowed U.S. citizens to remain in Poland for more than 90 days without a residence permit is no longer valid. The change, announced on 3 November 2025 by practitioners citing written guidance from Poland’s Border Guard Headquarters, aligns national practice with the EU’s new Entry/Exit System (EES) that went live on 12 October 2025.
Background: When Poland joined the Schengen area in 2007, it kept alive several pre-Schengen bilateral accords that granted Americans (and a handful of other nationalities) stays beyond the bloc’s 90/180-day rule, provided they did not visit other Schengen states. These exemptions were tolerated but never fully harmonised with EU law. The launch of the EES—an automated database that logs every third-country national’s biometric entry and calculates remaining days—left no room for exceptions. Article 6(1) of the Schengen Borders Code now applies uniformly, and any conflicting bilateral clauses have been “effectively terminated,” Polish officials said.
Key implications: • U.S. nationals in Poland on or after 12 October 2025 must count all days spent anywhere in the Schengen zone toward their 90-day limit and must depart or obtain a residence permit before overstaying. • The 90-day “clock” reset on 12 October, giving affected travellers some breathing space but no special extension. • Employers moving staff to Poland for assignments longer than three months must secure national visas or temporary residence permits in advance. • Real-time EES data will make overstays immediately visible to border guards and could lead to fines, entry bans, or Schengen-wide alerts.
![Poland Formally Ends Long-Standing Visa-Waiver Privilege for U.S. Citizens]()
Business impact: American companies operating regional hubs in Warsaw, Kraków, or Wrocław will need to review internal mobility policies. Short-term commuters who previously relied on the bilateral waiver must now track travel days meticulously or shift to the EU Intracompany Transfer (ICT) permit or local work-and-residence permits. Global mobility managers should update posting letters, assignment planning tools, and employee communications to reflect the loss of the “Poland-only” overstay cushion.
Practical advice: • Use the EU’s official short-stay calculator or commercial mobility software integrated with EES data to monitor days left. • Employees who inadvertently exceed 90 days should file for a temporary residence permit from within Poland before their overstay is detected at exit. • Frequent travellers may consider the upcoming EU Entry/Exit smartphone app, expected in 2026, which will push real-time alerts. • HR teams should coordinate with Polish consulates early, as appointment slots for national D-type visas are already booking six weeks out.
Looking ahead: Other Schengen states that still honour legacy bilateral deals (e.g., France-U.S.) are expected to follow Poland’s lead once the EES exposes disparities. Multinationals should anticipate a fully harmonised 90/180-day regime across the bloc by mid-2026.
Background: When Poland joined the Schengen area in 2007, it kept alive several pre-Schengen bilateral accords that granted Americans (and a handful of other nationalities) stays beyond the bloc’s 90/180-day rule, provided they did not visit other Schengen states. These exemptions were tolerated but never fully harmonised with EU law. The launch of the EES—an automated database that logs every third-country national’s biometric entry and calculates remaining days—left no room for exceptions. Article 6(1) of the Schengen Borders Code now applies uniformly, and any conflicting bilateral clauses have been “effectively terminated,” Polish officials said.
Key implications: • U.S. nationals in Poland on or after 12 October 2025 must count all days spent anywhere in the Schengen zone toward their 90-day limit and must depart or obtain a residence permit before overstaying. • The 90-day “clock” reset on 12 October, giving affected travellers some breathing space but no special extension. • Employers moving staff to Poland for assignments longer than three months must secure national visas or temporary residence permits in advance. • Real-time EES data will make overstays immediately visible to border guards and could lead to fines, entry bans, or Schengen-wide alerts.
Business impact: American companies operating regional hubs in Warsaw, Kraków, or Wrocław will need to review internal mobility policies. Short-term commuters who previously relied on the bilateral waiver must now track travel days meticulously or shift to the EU Intracompany Transfer (ICT) permit or local work-and-residence permits. Global mobility managers should update posting letters, assignment planning tools, and employee communications to reflect the loss of the “Poland-only” overstay cushion.
Practical advice: • Use the EU’s official short-stay calculator or commercial mobility software integrated with EES data to monitor days left. • Employees who inadvertently exceed 90 days should file for a temporary residence permit from within Poland before their overstay is detected at exit. • Frequent travellers may consider the upcoming EU Entry/Exit smartphone app, expected in 2026, which will push real-time alerts. • HR teams should coordinate with Polish consulates early, as appointment slots for national D-type visas are already booking six weeks out.
Looking ahead: Other Schengen states that still honour legacy bilateral deals (e.g., France-U.S.) are expected to follow Poland’s lead once the EES exposes disparities. Multinationals should anticipate a fully harmonised 90/180-day regime across the bloc by mid-2026.
