Job Discussion Forums

[dynow]

So my school recently hired an American. He's been here 2 months now, no work permit, working with his "own business" arrangement, like myself. Now since the induction of the Shengen, he cannot just cross into Germany or the Czech Republic and get a stamp, unless of course he flies there. Even so, from what I have read, it wouldn't matter anyway because you cannot exceed i believe 30 days in a 60 day period, if I understand this correctly.

He really came at a bad time, because for me, I was just taking the train and walking into Gorlitz for an hour, coming back and getting stamped. This bought me all the time I needed to acquire my Karta Pubytu. Circumstances are entirely different for this new guy.

So basically my question is this: how can this guy, if possible, stay legal and continue living and working in Poland, without leaving Europe? He knew nothing of the situation when he came here, and unfortunately, the DOS didn't do much to warn him of it before he came. He's been left a bit high and dry by the DOS, and if I don't help him, I don't know who else will.

Any advice would be appreciated. Thanks in advance all!

[Big_Cannon]

[spiral78]

Unfortunately, you can't just get a stamp and return immediately. You now have to stay out for 90 days also: you can be inside the Schengen zone for 90 days out of 180.

This guy needs to get the paperwork filed ASAP. If he were to have a problem with some officials before the paperwork is completed, it can often help a lot be able to prove that you've started the process, at least.

[dynow]

that's right Spiral, if he gets a stamp, it won't mean a thing. getting a stamp is the easy part. bottom line, like you said, it's 90 days in a 6 month period, so if he came right back, he's in violation, stamp or not. at that rate, he would be better never leaving, because now with his stamp being so old, they could give him a hard time coming back in. i contacted the consulate via email, hoping to get some feedback from them regarding this situation. i'm also having my parents call a consulate in America, mainly because I want to see if there will be any discrepencies between what the two of them say.

[Big_Cannon]

[dynow]

yes, of course I (we) can. I sent out the email, I'll make the call Monday, but his time is running short, and I want to make sure I nip this in the bud ASAP before his stamp is expired.

[spiral78]

Paperwork needs to be filed~!!
Just START THE PROCESS to get him legal.

No kidding. Even if he gets 'caught' - the authorities are ONLY going to give some slack if he can prove that the legal process has AT LEAST been started

There IS a legal process. JUST DO IT

[dynow]

i don't think starting paperwork is an option. in order to apply for a Karta Pubytu in Poland, your stamp cannot be any older than 45 days on the day you submit your paperwork. if you don't think they care, they do. i was turned down for the same reason, had to cross a border, and then go back with my fresh stamp.

i heard back from the embassy in warsaw today. basically, they wrote to me that "as far as we are aware", there's really no way of him avoiding his grim situation, and that he needs to apply for a KB if he wants to stay in poland for any amount of time, but for that to happen, he would have to leave Schengen for a few months, and then return and apply with a fresh stamp.

although that may sound like the end of the road, they finished by saying "for more detailed information on this matter, contact the immigration office." I don't know about you, but if I contact the American Embassy, I expect them to know, beyond a shadow of a doubt, the rules and regulations of their citizens. The fact that they couldn't give me a definite answer certainly raises some eyebrows, but I guess I can't really say I am completely surprised with this response.

as far as i can see, this guy just needs a loophole, and I haven't found it yet. when I was running around from office to office getting my paperwork finalized for my KB, i routinely had one office tell me one thing, and the other office, or an office in a different city, say something totally different. I don't see this guy's situation being any different if he decides to really go after a residency card now. one office may say forget it, the other may have a person in a good mood that day who is willing to pull some strings.

[spiral78]

I think that variability is exactly why the US Embassy can't give a definitive answer.

[dynow]

you may be spot on, and I think it all boils down to how bad this guy wants it. how bad he wants to stay in Poland. it's just unfortunate that he's gotta have it so hard.

[Vairocana]

Hi dynow,

I read elsewhere the Karta Pubytu is basically a renting letter from a landlord. But, I still have a few questions if you can answer them please.

How soon could I apply for the Karta Pubytu once I'm inside Poland? Meaning is there a minimum wait time before I can file?

Do most foreigners manage to get through the paperwork? Or is it better to have a lawyer file on his/her behalf?

Does a person file the Karta Pubytu in their respective town/city that he/she is residing in? Or is the paper work sent to Warsaw?

Thanks again

[dynow]

Vairocana,

you can apply for the Karta Pubytu as soon as you want, assuming you have all the necessary paperwork in order to file for one. remember: you CANNOT submit paperwork for a KB if the stamp on your passport is older than 45 days.

i can't speak for other foreigners getting one. i'm the only person I know personally that has acquired one. i did not use a lawyer. no need.

you file for a KB in the town/city you live in. the paperwork gets sent from there to the necessary locations to get everything taken care of, whereas then there is a 90 day review period. afterwards, they either tell you NO, YES, or they let you know whatelse you will need to do if you want to continue persuing one.

anyway, first and foremost, if you want a KB in Poland, you need Zameldowanie in your place of residence (which is easier said then done). without going into too much detail, you can technically file for a KB without Zameldowanie, for example if your landlord refuses to agree to give you one (which nearly all of them will because it gives you rights to the apt.) by bringing your lease when you apply (which you will need anyway) and then the Polish government will be forced to lean on the landlord to give you one. Zameldowanie has many purposes, but one of them is to avoid landlords from making tax free income on foreigners, which my previous landlord was taking full advantage of. Just be aware that if you go that route, be prepared to get tossed out of your apt., and also be aware that there's nothing you can do about it without.....you guessed it......Zameldowanie.

do a search in the archives for "redsoxfan", he went through an incredible rigamerole much like myself trying to get a KB.

powodzenia!

[Vairocana]

Thanks dynow,

That really clears up the whole process. Hopefully I'll be able to offer you some info that you'd find useful.

Have a great day.

[scottie1113]

My experience: arrived in Poland in August to do the CELTA thing in Warsaw. Went to Gdansk to look for a job. Found one on my second day in this beautiful city and the school had a flat 5 min away-I pay for it. I didn't have 45 days left on my visa so I had to make a border run to Germany in September.

Immediately after the school helped me go through the residency card application process. Their help was invaluable. I needed to show a rental agreement and a work contract from the school and some other documents, some of which I had and some I didn't. In lieu of the ones I didn't have I just signed an affadavit. It helped immensely that I was getting assistance from my school; they've done this before. Without them I would have been lost.

On 7 December I had my final hearing and received a DECYZJA-a decision to grant me a residency card. Because my application began last year the paper process has been slow but the folks at my school assure me that I should have the actual card this month. What can I say? It's Poland.

If your friend's school doesn't help and he needs more time on his visa I think he'll have to go to a non EU country like the Ukraine to get another 90 days on his visa. Hope this helped a little. Good luck.

[dynow]

affadavit = affidavit