Drafted on:
The Entry Exit System now mandates strict adherence to the 90-day within any 180-day period rule for all third-country nationals.
According to the Polish Border Guard, this transition effectively nullifies previous bilateral visa waiver agreements that once allowed for extended stays. Travelers must monitor their legal status to avoid deportation.
The Entry/Exit System (EES) became operational on 12 October 2025.
Its implementation across external borders is gradual, with full rollout expected by 10 April 2026*.
During this transition period, biometric data (such as fingerprints and facial images) may not yet be collected at all border crossings, and travelers’ information might not always be fully registered in the system.
You can find more details about EES on the official EU website:
https://travel-europe.europa.eu/ees
*April 2026 might not be the final date. European Comissions decides to agree for “partial suspension” of EES due to the high traffic during summer time (for 90 days after April 9, with an optional 60-day extension —ending no later than early September 2026). You can find more information here.
The implementation of the EES requires uniform treatment of all third-country nationals across the entire system.
Previously, citizens of countries such as the United States, Brazil, Chile, Argentina, Israel, Japan, and Honduras were often allowed to enter the Schengen Area for 90 days per visit without strictly following the standard rule of 90 days within any 180-day period.
Some of these allowances were based on
between individual Member States and third countries, which could extend the permitted period of stay beyond the usual limits.
A full list of such agreements, in accordance with Article 20(2)(b) of the Convention implementing the Schengen Agreement, can be found here.
Those bilateral agreements were signed before Poland joined Schengen, which is why they remained in force.
If EES system might have impact on rules prescribed by those bilateral agreements?
According to the Polish Border Guard, the implementation of EES means that:
This represents a significant shift from previous practice, where certain nationalities could rely on bilateral agreements to extend their stays beyond standard Schengen limits.
Importantly, this change may affect both travelers planning to enter Poland and those already staying in the country, as their legal status could be assessed under the new uniform rules.
At the same time, such information is not clearly communicated on official Polish government websites, which creates uncertainty and increases the risk of misunderstanding the applicable regulations.
For this reason, it is particularly important for travelers to carefully verify their individual situation and ensure compliance with the current rules.
To clarify the situation, we contacted the Polish Border Guard regarding individuals already in Poland or planning to travel.
Their response:
“In the case of border checks (including registration in the EES system) for US citizens, previous stays in Poland should be treated as stays under separate regulations arising from bilateral agreements between Poland and the US.
October 12, 2025, should be considered a ‘new opening’ date, initiating a new (first) period of permissible short-term stay under EU law, which cannot exceed 90 days in any 180-day period.”
To sum up:
October 12, 2025 resets the clock for short-term stays under EU rules.
You should carefully review your travel history and current status because:
However, travelers should remain mindful that this interpretation applies specifically to Poland and may not extend to time spent in other Schengen countries, where standard Schengen rules would still apply.
As implementation details may evolve, it is advisable to monitor official updates and confirm individual circumstances before making travel plans, particularly for those intending to remain in the Schengen Area for extended periods or to travel between multiple member states.
In practice, the authorities are increasingly checking the legality of stay of foreign nationals who have been relying on bilateral agreements and entering Poland for consecutive 90-day periods.
As a result, foreign nationals are facing not only refusals of entry at the border, but also checks of their legal status after they have already entered Poland. This can be much more problematic for them.
If, during such a check, the authorities find that the foreign national has exceeded the permitted 90/180-day limit, a return decision (deportation order) may be issued, requiring the person to leave Poland.
If you plan to apply for a residence permit, remember that the Immigration Office will check whether your application was submitted while your stay in Poland was still legal (i.e. before you exceeded the 90/180-day limit).
Before traveling to Poland – or if you are currently staying there – make sure your stay complies with the new rules. The transition to EES may have serious legal consequences.
Not sure whether your stay is legal? Contact us and we will help you assess your situation.
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