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90-DAY VISA-FREE STAYS IN POLAND?


Polonius3  980 | 12275  
19 Oct 2008 /  #1
If someone from a non-EU country comes to Poland without needing a visa, he/she may stay 90 days without any formalitieis. When that period is ending, does it suffice to cross the border into Ukraine and return straightaway for a new 90-day visa-free stay to start ticking? Can this be done indefinitely?
Lodz_The_Boat  32 | 1522  
19 Oct 2008 /  #2
Can this be done indefinitely?

explain the question...

But I think you should contact the people who are dealing with this matter. If you can show a reason (valid) for a longer stay, I think they can probably allow you. A valid reason can be fiance... it can be busines.... job.... education....
OP Polonius3  980 | 12275  
19 Oct 2008 /  #3
I have heard of this being done, ie stepping over the border and returning. My question is whether this is 100% legal, or do the Polish authorities simply turn a blind eye to such goings-on? And I wonder how widespread this is. Anybody on this forum ever do this?
inkrakow  
19 Oct 2008 /  #4
When that period is ending, does it suffice to cross the border into Ukraine and return straightaway for a new 90-day visa-free stay to start ticking?

No, this does not work as we are now in the Schengen zone. You're allowed to be in the zone for a total of 90 days in any 180 day period. If you get overstay and get caught, you're liable to be deported!
aussie_expat  5 | 41  
20 Oct 2008 /  #5
What you should do is leave before your 90 days is up...and I think you need to be out of the shengen area for at least a day

so if you leave before your 90 days you will technically still have some days left...

Ive never overstayed the 90 days and have been flying to Uk for a week and then returned..and have done this like twice I think and I was never questioned..but then again I never knew about the 180 day period until now! But yeah, the passport control never said anything to me so I thought the 90 days just started again!

I suggest applying for a residence permit (which i have done)
much more easier for future and in the end saves all those trips every 90 days...
dcchris  8 | 432  
20 Oct 2008 /  #6
I suggest applying for a residence permit

i agree why bother with all this needless travel and stress? Of course the foreigners office will cause you loads of needless travel and stress but at least it will be local needless travel and local stress...
gtd  3 | 639  
20 Oct 2008 /  #7
Probably...maybe...I heard...none of that matters.

The new way is as a few people have said.

Countries that are allowed visa free travel to Poland get 90 days maximum in a 180 day period. Crossing a border does not get you another 90 days following the first as it used to before Schengen. There are always people going out and coming back without being checked or with the border guard not paying attention but you can't depend on this and I have seen people stopped and taken off the train. Any time you interact with police or border guards you are risking deportation from the entire Schengen if you are not legal.

If you intend to apply for a Karta Pobytu (residency card) you must apply a minimum of 45 days before your current permission (visa free stamp...last year's karta pobytu whatever) expires. If you do this at least 45 days in advance the immigration office will extend your permission to be in Poland until your application is decided either way should it take longer than that 45 days (and it will). If you apply when you have LESS than 45 days to legally be in Poland you will be required to leave Schengen once your current permission is up and wait for your decision elsewhere. If you are approved in that case you will be allowed in to collect your card and get on with your life.

Speaking for Americans specifically there isn't really any "visa" available. You are either here on visa free travel for 90 days or you have to apply for temporary residency that is issued for a year at a time normally and it is NOT a simple or fast process.

The above is the legal and official way. That isn't to say someone hasn't scammed or bribed themselves into an easier way but do not listen to people that say you can just pop out and back in or it's "no big deal" and you just need a letter. That is all nonsense and will get you in a bind. Things are much different than they used to be and most people have dated and second hand info.
aussie_expat  5 | 41  
20 Oct 2008 /  #8
Why is it that the lady at the office for Foreighners told me to leave the Shengen Area for a day or two and then when I come back in, to register myself at the local council...she said nothing about waiting for the decision elsewhere....

How frustrating..clearly no one knows how the system is suppose to work, and if the do they dont seem to follow the rules...
gtd  3 | 639  
20 Oct 2008 /  #9
Well that is my point...leaving for a "day or two" does nothing if you are already past your 45 days minimum time to apply for temporary residency. You would have to leave for 90 days. So as to get another 90. The rule is no more than 90 in a 180 day period. If you have been here 60 going out doesn't get you another 90...just the 30 you have left in that 6 months starting when you come back in.

They are probably assuming nobody will notice and think the new entry starts the clock over but when you apply for residency you have to show your whole passport, prove your legal right to be there while you are waiting, and list every place you have been for the last 5 years so when they are processing the application they will see it.

And yeah...they do NOT follow or know their own rules most of the time.

It can go easy and you can get away with a lot of you are lucky...but the one time it doesn't you are screwed. And there are a ton of points at which it can go wrong.
aussie_expat  5 | 41  
20 Oct 2008 /  #10
Well I did all that, will my application and there was no problems when she read through it...well heres hoping for the best

I have left before my 90 days...so I should technically have another 20 left
Lets hope I encounter no problems on the train back
gtd  3 | 639  
20 Oct 2008 /  #11
Good luck. You never know here. They may not notice you were here for 70 or so days before. They may take it as you just got here and you will slip by.

What have you got to lose trying?
aussie_expat  5 | 41  
20 Oct 2008 /  #12
Yeah that whats I''m hoping..I bought my documents in polish as well as my admission letter in polish
I'm hoping *fingers crossed* that everything will work out
Although Im hoping I get a stamp on the train back otherwise, it wold be like Im in shengen area but with no record
gtd  3 | 639  
20 Oct 2008 /  #13
You might have to "REALLY" make sure you get that stamp...like beg or even go to another car to find a guy and insist he stamps it. Several times when they even stamped more regularly I didn't even see a border guard while crossing and I had to spend a lot of time explaining in the airport once how I had been in Germany a couple times and not Poland for 9 months straight (in the old days when you could just cross every 3 months) since the train guys didn't stamp my passport. Luckily they believed me because on paper it looked as if I had overstayed.

Now with Schengen fully open it is not uncommon for them to pay even less attention on the trains, not come in the car at all, or wave you off when you try to show them your passport. I had a Czech guy just refuse recently and I think he was trying to tell me he didn't even have a stamp, and there was not a Polish guard with him. At least in my experience and that of other expats I talk to often this is common.

Just pay attention at the border and don't sleep through it ;)
aussie_expat  5 | 41  
20 Oct 2008 /  #14
God I, going to look really cool begging for a stamp lol
Fun times ahead...although Bulgaria isn't in the shengen area an they didn't even stamp out passports when crossing over. Luckily Serbia stamped otherwise there wouldnt be a record of me even leaving the shengen zone

Maybe Ill catch a bus from serbia to hungary or romania to hungary
gtd  3 | 639  
20 Oct 2008 /  #15
Yeah the whole thing is stupid, disorganized and maddening.
Kowalski  7 | 621  
20 Oct 2008 /  #16
Overtaying a Schengen visa gives your name RED in SIS2 database. UK is not connected to SIS2 Database, but when u will leave Schengen you will get a RED Stamp in your passport

If you will have Schengen RED Stamp in ur passport you will be refused visa/entry into UK too.
gtd  3 | 639  
20 Oct 2008 /  #17
I have always been curious if when they scan your passport with the hand held scanners on trains etc if that just reads the encoded info on the passport to verify it isn't fake or if it actually is linked to a database that tells them of your status. I can't imagine they are so connected in real time...but maybe they are.
wozzaxing  
23 Jan 2009 /  #18
I've done this trip several times to Belarus and then lodged an application for a long stay visa without problems. They do scan your passport on the train against known criminal databases. The first time I had entered Belarus I was 6 weeks over on my tourist visa. It's all an old Polish joke.. Rules make jobs,
mafketis  38 | 10990  
23 Jan 2009 /  #19
Everybody should absolutely pay attention to what gtd is writing. He's very accurate from what I can tell about the new rules.

Yeah, sometimes you can get around the rules, but if you do get caught then no bitching and moaning allowed, man up and do things right next time.

When asking a Polish border guard for a stamp, just blame it on the local office you have to deal with: "I have to renew my permit and they won't like it if there's no stamp" always worked for me with no problems.

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