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New visa restrictions for Americans?
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spiral78



Joined: 05 Apr 2004
Posts: 11523
Location: On a Short Leash

PostPosted: Sun Sep 07, 2014 11:20 am    Post subject: Reply with quote

Quote:
Brits can just pack their fanny packs, hop on a cheap Ryanair flight, and start working for a school before tea time.


Hehehehe. Pretty sure no Brit is packing the pack you describe Shocked
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wojbrian



Joined: 13 Aug 2009
Posts: 178

PostPosted: Sun Sep 07, 2014 11:47 am    Post subject: Reply with quote

Then why did I get deported and a one year ban?

I had a valid contract and sent in all the paperwork.

Because I did not have a stamp in my passport before coming I did not have a valid reason to stay in Poland past my 90 day visitor visa!

I am not saying anyone is wrong. I am basing this on my experience and conversations with the consulate in Chicago.

The whole problem with this BS is that its all gray area.

Where is it in writing?
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delphian-domine



Joined: 11 Mar 2011
Posts: 674

PostPosted: Sun Sep 07, 2014 4:20 pm    Post subject: Reply with quote

Brian, you were deported and banned for a year for not having a valid work permit. You were working without one, and by your own account, you didn't have one.

A valid contract is meaningless, as your employer was still required to obtain a work permit for you. As soon as you apply for a residence permit, you're entitled to stay until a decision is made. In your case, I suspect the paperwork made it clear that you were working without a work permit.

If you went over 90 days, you could just go and get a visa extension in your passport free of charge from the foreigners office.

As for where this stuff is written, it is all in the journal of laws. There is no grey area, but rather a simple process that any competent school should take care of. I suspect they simply didn't know that a work permit was required.
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Coolguy123



Joined: 10 Apr 2013
Posts: 132

PostPosted: Sun Sep 07, 2014 7:49 pm    Post subject: Reply with quote

Yeah, it does seem like a lot of schools really know what the exact process is, especially since it does change from year to year.

Another reason why to do your own research instead of just relying on what they tell you Smile

As for the whole work permit thing, that's good info, and I would certainly be willing to wait for 30 days before working. I however, don't want to be deported or banned since I do like Europe and would like to return and don't particularly want any black marks on my record or causing problems in the future.

It's a shame about the whole Russia situation now, I would have just hopped over to Russia where it seems a lot easier for Americans, but that's out of the picture for now.

So it looks like it may be back to Asia for the time being, certainly seems less risky than flying over and chancing getting a job and visa, at least until I can figure out some reasonable way to Europe, maybe some teach-while-studying route.
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Master Shake



Joined: 03 Nov 2006
Posts: 1202
Location: Colorado, USA

PostPosted: Mon Sep 08, 2014 12:28 pm    Post subject: Reply with quote

Coolguy123 wrote:
It's a shame about the whole Russia situation now, I would have just hopped over to Russia where it seems a lot easier for Americans, but that's out of the picture for now.
Really? I've heard that for Americans getting a Russian visa is anything but a quick, inexpensive process.

One way to improve your chances of landing work is to start (or at least communicate your willingness to start) your own small business in Poland. Employing businesses rather than individuals makes it cheaper and more straightforward for schools to hire American teachers.

You will still need one school to take out a work permit on your behalf, but as discussed, the school can do this after you've arrived in Poland.
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wojbrian



Joined: 13 Aug 2009
Posts: 178

PostPosted: Mon Sep 08, 2014 2:18 pm    Post subject: Reply with quote

So it is possible to get a work permit in country?

Correct, I did not have a work permit. Laughing I would have been better off never applying for paperwork.

Every time I have returned since then has been with a work permit. Smile
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delphian-domine



Joined: 11 Mar 2011
Posts: 674

PostPosted: Mon Sep 08, 2014 8:07 pm    Post subject: Reply with quote

It's not possible to obtain a work permit anywhere other than Poland. The employer is obliged to go to the relevant Labour Office and apply for one. In Poland, it's technically not a work permit, rather it's a form of permission for the employer to offer you work.

I'm 100% certain you were deported for failing to hold a work permit (or be in the process of getting one) rather than for not having a residence permit.
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wojbrian



Joined: 13 Aug 2009
Posts: 178

PostPosted: Tue Sep 09, 2014 12:32 am    Post subject: Reply with quote

When I talked to the consulate in Chicago they say you can only get one before you are in Poland.
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delphian-domine



Joined: 11 Mar 2011
Posts: 674

PostPosted: Tue Sep 09, 2014 10:01 pm    Post subject: Reply with quote

They were talking about a work visa, not a work permit.

Do you understand the difference between a work visa, work permit and a residence permit?
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wojbrian



Joined: 13 Aug 2009
Posts: 178

PostPosted: Wed Sep 10, 2014 12:33 pm    Post subject: Reply with quote

The residency permit yes.

So, you can come as an American on a tourist visa with out a work visa and apply for a work permit once you are in country.

What exactly is the process for doing this?
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scottie1113



Joined: 25 Oct 2004
Posts: 375
Location: Gdansk

PostPosted: Wed Sep 10, 2014 12:52 pm    Post subject: Reply with quote

wojbrian wrote:
The residency permit yes.

So, you can come as an American on a tourist visa with out a work visa and apply for a work permit once you are in country.

What exactly is the process for doing this?


To answer your question, yes. I came on a tourist visa, did my CELTA in Warsaw, got hired by my school and applied for a residency card. My school filed the work permit for me (and paid for it).

That was seven years ago and nothing has changed. BTW, I'm still at the same school in Gdansk.
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wojbrian



Joined: 13 Aug 2009
Posts: 178

PostPosted: Wed Sep 10, 2014 1:38 pm    Post subject: Reply with quote

My first school totally f**ked up then!
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delphian-domine



Joined: 11 Mar 2011
Posts: 674

PostPosted: Wed Sep 10, 2014 8:23 pm    Post subject: Reply with quote

wojbrian wrote:
My first school totally f**ked up then!


Not really. It's your responsibility to comply with the rules surrounding legally residing and working in Poland as a non-EU citizen.
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NilSatis82



Joined: 03 May 2009
Posts: 110

PostPosted: Thu Sep 11, 2014 5:12 am    Post subject: Reply with quote

delphian-domine wrote:
wojbrian wrote:
My first school totally f**ked up then!


Not really. It's your responsibility to comply with the rules surrounding legally residing and working in Poland as a non-EU citizen.


To be fair, it's also the school's responsibility to employ people legally, which they clearly didn't in this case.
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scottie1113



Joined: 25 Oct 2004
Posts: 375
Location: Gdansk

PostPosted: Thu Sep 11, 2014 11:52 am    Post subject: Reply with quote

wojbrian, how did you get a karta pobytu without a work permit? that was the stumbling block for ecocks.
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