Return PolishForums LIVE
  PolishForums Archive :
Archives - 2005-2009 / Law  % width 11

Karta Polaka - Do I share the rights of my polish card holder husband?


traveller11  
21 Apr 2009 /  #1
Hello,

I have a question regarding the "karta polaka", I'm from a non EU country and my husband is a polish card holder. We want to move to Poland, he can get visa-working-living permit without a problem, can find a job as well. But my job applications to Polish companies are always rejected as I don't have any legal rights in Poland(nobody wants to deal with working and living permit issues). I'm working at a quite reputable global company as financial analyst in my country)

I asked to embassy and to the people I know but couldn't find a clear reply;
Do I share the rights of my polish card holder husband if we move to Poland together?
Or at least can I travel to Poland with him and what visa procedure can be taken?
The children of the cad holder can be even granted the card if I applied, but nothing for spouses?

I know it's a specific question but hopefully someone knows what and help me, thanks from now.
Grzegorz_ 51 | 6,163  
21 Apr 2009 /  #2
Hi. Interesting question but I've got no idea... I will try to find out something later...
isa 10 | 41  
21 Apr 2009 /  #3
I am not sure what "Karta Polaka" is...Is your husband a Polish citizen? If so, yes, you have the same rights as him and can work in Poland, if you follow the procedures I outlined in a recent answer I gave to someone in your situation:

I found this information on expats-in-poland.com where you can pose a question and hope for an answer from the Polish students of the Law.

"Question:

hello my name is christian, I\'m foreigner , soon I will marry , my girlfriend is Polish, and I want to know that I must fulfill requisites to obtain the Polish nationality and the process that I must continue to obtain it. In advance thank you very much. attentive greetings,

Answer:

Firsty You can apply for temporary resident permission (for 2 years). Only conditions are: be married with Polish citizen and move to Poland. After 2 years living in Poland with your wife, and 3 years of yours marriage You can apply for settlement permission. Right administrative power is voivode of voivodeship where You settle down. The thing that is important is that applying for settlement permission requires 2 years of permanent staying, which means that none of the intermissions which took place during 2-year period was no longer than 6 months and all breaks were no longer than 10 months within these 2 years. Then, if You got settlement permission and are married to the Polish citizen for at least 3 years, You get the Polish citizenship, if You will submit the application, in the right time to the appropriate organ, which will give the decision of accepting the application. This application should be submitted in a 6-months period since a foreigner got the settlement permit, or 3,6-year period, since he/she got married with a person who possess the Polish citizenship. If you get temporary resident permission or settlement permission You can work in Poland without any other work permissions. "[i][/i]

Hope that helps.
OP traveller11  
21 Apr 2009 /  #4
Hi Isa,

First of all: no my husband isn't polish citizen, because of his polish grandparents and able to speak in polish he is granted a card called "karta polaka" (also named Polish Charter)letting him getting visa or work-living permits without any other document for Poland. He can obtain property like a polish citizen or even benefit discounts and education fees like a polish citizen, he only can't vote. This card is for former soviet states. Also children of the card holder can be given the same rights, but what about the spouse? How is this card useful for married people? How are we expected to live and work in Poland?

Further information:
en.wikipedia.org/wiki/Polish_Charter
isa 10 | 41  
21 Apr 2009 /  #5
Thanks Traveller11, I just learned something new ;-)

After some googling, I came upon this site pah.org.pl (in Polish), which confirms that as a spouse of the Karta Polaka holder, you are entitled to the same rights as he is:

"Jaki jest status małżonka repatrianta, nie będącego osobą polskiego pochodzenia?

Repatriant, który przybywa do Rzeczypospolitej Polskiej na podstawie wizy wjazdowej w celu repatriacji nabywa obywatelstwo polskie z mocy prawa z dniem przekroczenia granicy RP. Natomiast małżonek repatrianta, który nie jest osobą polskiego pochodzenia jest w świetle prawa cudzoziemcem. Zgodnie z ustawą o repatriacji małżonkowi repatrianta, który nie jest osobą polskiego pochodzenia, a który zamierza osiedlić się wraz z repatriantem na terytorium RP, udziela się zezwolenia na osiedlenie się. Wiążą się z tym daleko idące konsekwencje, gdyż osoby posiadające zezwolenie na osiedlenie się mogą korzystać z wielu praw na równi z obywatelami RP. Osoby takie są zwolnione z obowiązku posiadania zezwolenia na pracę, mogą również korzystać z opieki i pomocy społecznej.

Należy również dodać, iż ubezpieczenie zdrowotne repatrianta obejmuje także jego małżonka, który nie jest osobą polskiego pochodzenia (zgodnie z ustawą o świadczeniach opieki zdrowotnej finansowanych ze środków publicznych)."

(Please let me know if you have no one to translate it for you into English)
OP traveller11  
21 Apr 2009 /  #6
Hi again Isa

Thank you for your concern. I'm afraid the situtation for us is a bit complicated. I've asked my husband to translate the text you have posted. After further search in the web site you have sent, I saw that he law about repatriants consist asian states of soviet union, so we are excluded as we are just neighbours to you. I'll be investigating it anyway, I even think of hiring a lawyer in Poland or in my country for the issue. It's complicated...

In the other hand I'm dissppointed about the policies of EU and Poland. My husband has polish grannies, also already given this polish card, speaks polish fluently, we spent many of our holidays in Poland, feel comfortable and like home in Poland but...

While many people who has nothing about being european even gaining citizenships easily by paying for fake marriages or persuading a young confused polish girl, it's sad to see we are so much excluded.

Things are hard when you are honest...
Grzegorz_ 51 | 6,163  
22 Apr 2009 /  #7
Yes, that's a different status...

I checked the act establishing karta and looks like there is completely nothing about spouses of holders...
peeps  
2 Aug 2009 /  #8
Will this card entitle you to also work in the EU as a whole, or just Poland?
lesser 4 | 1,311  
2 Aug 2009 /  #9
In the other hand I'm dissppointed about the policies of EU and Poland.

What to expect from greedy bureaucrats without any willingness to serve the people or simple grasp of reality. This "Karta Polaka" thing from their perspective was aimed to create their image as a 'patriots' and not help any people or solve any problem in Poland itself.
PennBoy 76 | 2,437  
2 Aug 2009 /  #10
I'm from a non EU country and my husband is a polish card holder

Are you from Kazakhstan?? most of these people that hold that card were Poles deported to Siberia or Kazakhstan.
sobieski 107 | 2,128  
2 Aug 2009 /  #11
In the other hand I'm dissppointed about the policies of EU and Poland.

Why should you be disappointed? The fact somebody speaks Polish, spends his/her holidays in Poland... does not guarantee/grant a permission to stay in the EU.

And as far as I know, getting a Polish Card does not entitle anybody to any EU rights.
That would be a gigantic back door.

Archives - 2005-2009 / Law / Karta Polaka - Do I share the rights of my polish card holder husband?Archived