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Residency Delay

 
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Master Shake



Joined: 03 Nov 2006
Posts: 859
Location: Warsaw, Poland

PostPosted: Fri Feb 08, 2013 9:55 am    Post subject: Residency Delay Reply with quote

I just received my new decision (i.e. visa) from immigration. I'm non-EU (US citizen) and live in Warsaw. This is the 4th time I've applied for residency here.

The most annoying, and potentially problematic, part of this whole process has been the delay.

You are required to submit your application for residency to immigration 45 days before your current valid travel document or visa expires.

So you'd think this would mean your new visa would be waiting for you by the time this 45 days was up, right?

Wrong.

It takes immigration an average of 1-2 months longer than these 45 days to prepare the visa and residency card. For example, my last residency card expired on Dec. 13, 2012 so I got my application in more than 45 days earlier. Jan 28, 2013 was the date my decision was ready, and Feb 26 is when the new residency card will be ready.

What this means is I'm left hanging in limbo for 1-2 months (i.e. after the old card expires, but before immigration gives the new one).

Is this legal? Could I be arrested or deported? Will they let me back into Poland if I leave seeing as how i'ts been way more than 90 days since the last stamp in my passport and I no longer have a visa or valid residency card? Master Shake would like to know.

Anyway, this has been my biggest gripe with immigration over the last few years. Sure. they dick around writing official-looking letters asking for copies of my water bills and passport in triplicate. But it simply shouldn't take them this long to prepare a piece of paper with a few stamps on it and a card.

Non-EU citizens living in Poland beware: Don't plan any trips shortly after your residency card expires. You may not return.
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sparks



Joined: 20 Feb 2008
Posts: 457

PostPosted: Fri Feb 08, 2013 11:48 am    Post subject: Reply with quote

I've used a lawyer to sort this before and she said that you have the right to point out to them that you will be left, technically illegal in Poland. They have to give you a visa in your passport for the month or two that you are left hanging. I got one once, another time I just said "f@#$ it" as I didn't want to take up an extra page. Go demand your visa if you have the time.
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Master Shake



Joined: 03 Nov 2006
Posts: 859
Location: Warsaw, Poland

PostPosted: Fri Feb 08, 2013 3:28 pm    Post subject: Reply with quote

I did tell the guy who gave me the decision that I wanted to travel to England next week and I would like a valid travel document. He sent me to see his boss.

This boss just gave me some BS about how he had no control over when the cards came and said that I should call English Immigration about the situation. Yeah, right...

Do you know which room you go to do demand your visa? I would have argued with this boss more, but he didn't speak English and my Polish isn't so great in situations like this.

I'm probably just going to go anyway sans visa as it doesn't sound like it's going to be a problem.
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sparks



Joined: 20 Feb 2008
Posts: 457

PostPosted: Fri Feb 08, 2013 6:27 pm    Post subject: Reply with quote

I would just get your girlfriend or school to call. I had a school call recently when all I had was the decision, they got right through and got it worked out. If you go without, just take your decision, that seems to be about as good as a KP anyway. I might not even bother to get a new one, 50 zl and having to go back to Dluga at a certain time of day...what a waste.
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Master Shake



Joined: 03 Nov 2006
Posts: 859
Location: Warsaw, Poland

PostPosted: Fri Feb 08, 2013 7:32 pm    Post subject: Reply with quote

Not to mention that when I picked up the decision this time, they made me sign a declaration saying I'd been informed that I had to bring a valid meldunek (zameldowanie), give them the old KP, and pay 50 zl to get the new KP.

So it looks like I'll be making another trip to the council offices with my landlord soon.

Yes, aside from travelling, I'm in no hurry to get the KP either. At least it will be for two years this time.
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oipivo



Joined: 02 Jan 2012
Posts: 150
Location: Poland

PostPosted: Sun Feb 10, 2013 2:18 pm    Post subject: Reply with quote

Ok, according to this website:

http://www.poznan.uw.gov.pl/en/foreigners#Bank account

According to this site, the office should has to give you a stamp in your passport giving you legal status until the decision is made whether to grant your visa or not.

"The foreigner shall file the application at least 45 days before the lapse of the stay period under the visa or of the period up to which the previous permit to reside for a definite period of time and if the application fulfills all of the formal requirements, the competent authority shall affix a stamp in your travel document, which confirms that the application has been made and your stay on the Polish territory is legal until the final decision is made."

Seems like you should be just fine.
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