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Extending your 90 days in Poland
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delphian-domine



Joined: 11 Mar 2011
Posts: 674

PostPosted: Fri Mar 29, 2013 2:40 pm    Post subject: Reply with quote

ecocks wrote:
simon_porter00 wrote:
I don't want to wee wee on anyone's bonfire here, but the rules regarding schengen are clear:
90 days (within a 180 day period) in
90 days out
90 days back in.

http://travel.state.gov/travel/cis_pa_tw/cis/cis_4361.html
http://en.wikipedia.org/wiki/Schengen_Area

border runs work as long as you don't get caught when you're here in Poland and someone checks your documents as then you'll be unceremoniously booted out.


Not what the office in Gdansk says, specifically, when challenged with this question.


I've heard numerous reports about this, yet not once has any office ever produced any written statement to confirm this. I'd be very interested if anyone could produce such evidence. My own feeling on the matter is that they won't write this anywhere - and that individual offices are making the rules up to suit themselves. The claim about separate Poland and Schengen clocks is a fantastic example - I'd love to see a reference to this in law.

As it stands, there are numerous reports online about offices telling people to do border runs for reasons unknown. The relevant Foreigners Office can give extensions quite easily - there is absolutely no need for anyone to do a border run. So - if you have a residency application underway and you're at risk of hitting the 90/180 limit - they can give you an extension while your application is being considered. There is no reason whatsoever to go and do a border run.

Worth pointing out that the days of border runs will come to an end in the next few years regardless of EU country - the plan is for all non-EU entries/exits to be recorded and aligned with visa applications/etc - therefore any overstay will be automatically recorded, highlighted and brought to the attention of the relevant authorities.
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ecocks



Joined: 06 Nov 2007
Posts: 899
Location: Gdansk, Poland

PostPosted: Fri Mar 29, 2013 2:53 pm    Post subject: Reply with quote

I'll try to give what they gave me translated in the next couple of days.
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Master Shake



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

PostPosted: Fri Mar 29, 2013 3:07 pm    Post subject: Reply with quote

oipivo wrote:
Fair enough. It just concerned me that this was made out to seem important, but I'll just see it through. Thanks!
Exactly. You never know what immigration will do or how a particular office will interpret the law.

When I first tried to start my company in 2009 I got an official letter saying that I had been denied on the grounds that my current visa didn't allow it.

A week or so later I opened the mailbox to find a letter telling me my company had been created.

Go figure.

However, one thing Warsaw immigration has been quite insistent about is work permits. I needed these, even though I had a company open, in order to get residency the last 3 years.


Last edited by Master Shake on Fri Mar 29, 2013 3:12 pm; edited 1 time in total
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delphian-domine



Joined: 11 Mar 2011
Posts: 674

PostPosted: Fri Mar 29, 2013 3:12 pm    Post subject: Reply with quote

ecocks wrote:
I'll try to give what they gave me translated in the next couple of days.


Don't bother with a translation, the original is fine - it would be very interesting to know if they included a reference to the relevant law.
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ecocks



Joined: 06 Nov 2007
Posts: 899
Location: Gdansk, Poland

PostPosted: Fri Mar 29, 2013 3:26 pm    Post subject: Reply with quote

Without Polish lang keyboard support & stickies it's going to have to be a translation.

It seems to cite some agreement from 2003.
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oipivo



Joined: 02 Jan 2012
Posts: 163
Location: Poland

PostPosted: Sat Mar 30, 2013 7:35 am    Post subject: Reply with quote

The immigration office in Poznan said the same thing about Poland's 90 day clock and Schengen's. The woman at the office said that the 90 days in and out rule doesn't even apply to Americans, which I would guess is not true anywhere else but her mind.

It does seem like the claim that the 90 day polish clock and Schengen clock are separate is consistant.

Quote:
However, one thing Warsaw immigration has been quite insistent about is work permits. I needed these, even though I had a company open, in order to get residency the last 3 years.


So far, no one has said a peep about a work permit. Let's hope it stays that way. Very Happy
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ecocks



Joined: 06 Nov 2007
Posts: 899
Location: Gdansk, Poland

PostPosted: Sat Mar 30, 2013 7:59 am    Post subject: Reply with quote

oipivo wrote:
The immigration office in Poznan said the same thing about Poland's 90 day clock and Schengen's. The woman at the office said that the 90 days in and out rule doesn't even apply to Americans, which I would guess is not true anywhere else but her mind.

It does seem like the claim that the 90 day polish clock and Schengen clock are separate is consistant.

Quote:
However, one thing Warsaw immigration has been quite insistent about is work permits. I needed these, even though I had a company open, in order to get residency the last 3 years.


So far, no one has said a peep about a work permit. Let's hope it stays that way. Very Happy


No, that's EXACTLY what I described happened here. I have what they say is their training presentation on which countries it includes, It has the US and about 12 other countries on it.
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oipivo



Joined: 02 Jan 2012
Posts: 163
Location: Poland

PostPosted: Sat Mar 30, 2013 8:34 am    Post subject: Reply with quote

Quote:
No, that's EXACTLY what I described happened here. I have what they say is their training presentation on which countries it includes, It has the US and about 12 other countries on it.


Oh, ok. I misunderstood what she meant. I assumed that the Polish-Schengen clocks were the same for everyone. I'm shocked when Americans have some sort of special agreement. In the countries I've lived in it always seems to be more difficult for the Americans.
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ecocks



Joined: 06 Nov 2007
Posts: 899
Location: Gdansk, Poland

PostPosted: Sat Mar 30, 2013 9:12 am    Post subject: Reply with quote

Certainly it's more difficult for non-EU members with regard to working and living here. Americans and the others on this list apparently have it better than the rest though.
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wojbrian



Joined: 13 Aug 2009
Posts: 178

PostPosted: Sat Apr 20, 2013 8:20 pm    Post subject: Reply with quote

I think it all depends on how the office you are applying at reads the law.

I was deported because they chose to look at it as 90 days in and then you had to leave.

I was also under the understanding that if you start your process within the first 45 days of the 90 then they can't make you leave until they have made a decision.

If you start the process after the first 45 days then they can make you leave.

The big problem is there is not really a clear understanding between the offices.

I did the border run 2 times. I was deported because I was working with out work papers not because of Schengen.

It would be interesting to see what the laws are in writing for an American.
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oipivo



Joined: 02 Jan 2012
Posts: 163
Location: Poland

PostPosted: Wed May 08, 2013 8:19 pm    Post subject: Reply with quote

Just an update. I just got back from doing a border run. The agents at the border patrol were only interested in the polish dates, not Schengen. I had no problems at all getting through. I flew from Warsaw to Kutaisi. The agents were actually really nice.
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ecocks



Joined: 06 Nov 2007
Posts: 899
Location: Gdansk, Poland

PostPosted: Wed May 08, 2013 9:26 pm    Post subject: Reply with quote

oipivo wrote:
Just an update. I just got back from doing a border run. The agents at the border patrol were only interested in the polish dates, not Schengen. I had no problems at all getting through. I flew from Warsaw to Kutaisi. The agents were actually really nice.


Matches my experiences.
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