The Norwegian Polish diaspora and the driving license is an issue that requires a more detailed explanation. It is worth knowing that there are certain formalities, the completion of which entitles us to collect the document in Poland. How to do it? Can every Pole living abroad obtain a driving license in Poland? We explain these issues.
Norwegian Polish Diaspora and a driving license - when can you?
Poles living abroad have the right to obtain a driving license in their home country. The Act on vehicle drivers clearly specifies who is authorized to collect this document in the territory of the Republic of Poland. This is stated in Art. 11 points 1) -7). The basic conditions that apply to any candidate driver are the following:
- reaching the minimum age for a given category,
- obtaining a medical certificate that there are no health contraindications for driving a vehicle,
- obtaining a psychological judgment that there are no contraindications (does not apply to the following categories: AM, A1, A2, A, B1, B, B + E or T),
- completion of the training required to obtain a driving license,
- pass the state examination.
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Place of residence
From the point of view of the Polish community in Norway, the most important issues are contained in point 5) of the above-mentioned act. It talks about:
"5) warned about criminal liability for false testimony or concealment
truth declares that her place of residence is in the territory
The Republic of Poland, provided that:
a) stays on the territory of the Republic of Poland at least for
185 days in each calendar year:
- because of your personal and professional ties either
- with the intention of permanent residence solely because of their ties
personal, either
b) stays regularly on the territory of the Republic of Poland due to
your personal ties, and at the same time that because of your ties
professional stays consecutively in at least two countries
member states of the European Union, or
c) resides irregularly on the territory of the Republic of Poland due to
on his personal ties because he is in another country
member states of the European Union in order to fulfill a specific task
duration, or
d) stays on the territory of another state due to being taken there
state studies or education at school ”.
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The above provision is of key importance for the possibility of withdrawing a driving license in Poland. To better illustrate how the above provisions relate to reality, it is best to discuss them on a case-by-case basis. Working - we named the candidate driver "Jan Kowalski".
Jan Kowalski has been working in Norway for a year, but returns to his family in Poland in a month
In this case, Jan Kowalski can pick up a driving license in Poland. He meets the requirements set out in point c) - he works abroad and is sometimes irregular in the territory of the Republic of Poland, where he has a family. He also has a fixed-term contract. It therefore meets the definition of a "fixed duration task". Despite the fact that he does not stay in the territory of the Republic of Poland for 185 days a year, as mentioned in point a).
Jan Kowalski studies abroad
In this case, Jan Kowalski is also entitled to pick up a driving license in Poland. Meets the requirements set out in point d). Despite the fact that he does not stay in the territory of the Republic of Poland for 185 days a year, as mentioned in point a).
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Jan Kowalski works abroad for an indefinite period and is at home every weekend
If Jan Kowalski has his family in Poland (e.g. wife and children), works abroad for an indefinite period, but regularly comes to Poland, he can collect his driving license in his home country. It meets the criteria referred to in point b). Despite the fact that he does not stay in the territory of the Republic of Poland for 185 days a year, as mentioned in point a).
Jan Kowalski decided to permanently leave for another country with his family
In this case can't he will pick up your driving license in Poland because:
- does not stay in the territory of the Republic of Poland for 185 days a year - point a),
- he does not stay in Poland regularly and has no family in his homeland - point b),
- does not stay in the territory of the Republic of Poland irregularly, has no family in the home country and does not perform professional activities for a specified period - point c),
- he is not studying or learning abroad - point d).
Children of Jan Kowalski living in Norway
Importantly, the children of Jan Kowalski, who were born in Norway and live there, also cannot get a driving license in Poland. They do not meet the basic requirement set out in point 5), which clearly states that the person applying for the issue of such a document must be resident in the territory of the Republic of Poland. The place of residence is defined as place where the natural person stays with the intention of permanent residence (Article 25 of the Civil Code).
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Therefore, the children of Jan Kowalski cannot collect their driving license in Poland, because they study and work in Norway and there is no indication that they will be permanently resident in Poland. Unless they stay 185 days a year in the territory of the Republic of Poland - then nothing stands in the way.
Norwegian Polonia and the driving license
All the above exceptions apply to people who work in a country associated in the European Union. The Norwegian Polish Diaspora and the driving license is a completely different matter, after all, Norway does not belong to this organization. It is only a member of the EEA, but the law clearly refers to "European Union Member States". In such circumstances, Jan Kowalski working in Norway cannot collect a driving license in Poland, if he has not stayed in this country continuously for 185 days a year. Thus, it cannot benefit from the exceptions provided for in point to beat).
Legal paradox
The Norwegian Polish Diaspora and the driving license is a kind of legal paradox. The act does not mention the association of citizenship, but applying for authorization to drive vehicles. It follows unequivocally that:
- a foreigner staying in the territory of the Republic of Poland for 185 days a year can pick up your driving license,
- Pole not staying in the territory of the Republic of Poland for 185 days a year he cannot pick up his driving license.
A similar relationship applies to all other points referred to in Art. 11 of the Act on Vehicle Drivers.
When are you still waiting for your driving license?
The Act on vehicle drivers also provides for situations in which it is not possible to withdraw a driving license in Poland. This, in turn, is mentioned in Art. 12 of this legal act, while for the Polish diaspora in Norway, point 1 clause 7), which states that:
"7) which started in another Member State of the European Union, the Swiss Confederation or a Member State of the European Free Trade Association (EFTA) - party to the Agreement on the European Economic Area, the procedure of replacing the driving license with a national driving license or the procedure of issuing a duplicate Polish national driving license" .
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Norwegian Polonia and the driving license
The Norwegian Polish Diaspora and the driving license is a topic that is not sufficiently explained to Polish economic migrants. It turns out that making a decision to travel for professional purposes may have its legal consequences - for example, it may result in the withdrawal of the possibility of obtaining authorization to drive vehicles in Poland. It is a paradox that this right applies to, for example, a foreigner who lives in the territory of the Republic of Poland and stays for 185 days a year in our homeland.
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