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Posts by Einstein  

Joined: 19 May 2014 / Male ♂
Last Post: 12 Oct 2023
Threads: Total: 7 / In This Archive: 6
Posts: Total: 54 / In This Archive: 38

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Einstein   
25 May 2017
Law / US citizen looking to live in Poland for 6+ months like a long-term tourist [51]

@mafketis

Check out Schengen regulations online, what the Polish or US embassies say about an agreement from 1991 is meaningless. In terms of entry Schengen guidelines matter.

According to rooshvforum/thread-31412.html

"the diplomatic note of April 4th 1991 overrides Schengen rules" and "There's no way to "restart" a Schengen visa, except by leaving the entire region for 90 days, then coming back. If you leave for one day or one week, your previous stay is still counted. (This is for countries without bilateral agreements with the USA, of course) FYI, Denmark is similar to Poland in allowing stays beyond 90 days in a 180-day period:"

This source seems to support this statement:
ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/borders-and-visas/border-crossing/docs/short_stay_schengen_calculator_user_manual_en.pdf

"The calculator cannot take into account more favourable rules applicable to short-stays of
third-country nationals under bilateral visa waiver agreements between certain Schengen
States and certain third countries as provided by Article 20(2) of the Convention
Implementing the Schengen Agreement (CISA)"
Einstein   
25 May 2017
Law / US citizen looking to live in Poland for 6+ months like a long-term tourist [51]

@Harry

Do you really want to tell a border guard that you've been visiting Poland for a few years?

Why not? There's nothing illegal about it.

Check the registration document for the car: it will only be valid for as long as your registration of address is valid

I will do so. Perhaps you are right about this. But soon I will have a temporary residence permit so I guess it doesn't matter.

And no valid registration of vehicle = no insurance.

Actually I bought the insurance before registering the car. PZU didn't have any problem insuring is as an unregistered vehicle and said to simply go back to their office when I need to add the license plate numbers to the policy.
Einstein   
25 May 2017
Law / US citizen looking to live in Poland for 6+ months like a long-term tourist [51]

@Harry

But the website of the Polish embassy in Washington DC also says:
"IMPORTANT FOR THE US CITIZENS: Based on an exchange of diplomatic notes between Poland and the USA, since April 15th, 1991 the US citizens are allowed to enter Poland for any 90 days period without visa. The common rule 90 days of stay in 180-day period does not apply in this case."

It doesn't say "any one 90 day period" or "any 90 day period after being out of Poland for 90+ days".

So it seems that one can reset their 90 days an unlimited number of times, according to the law. In reality the border guard may know nothing about this diplomatic note and not let you into the country, but they would be going against that Poland's own embassy has written on their website.

Actually I recently registered a car here, with insurance from PZU, without any issue. They just needed my passport and the document showing registration of my address.
Einstein   
25 May 2017
Law / US citizen looking to live in Poland for 6+ months like a long-term tourist [51]

@Harry

^ No it doesn't do the trick. Since Poland joined the Schengen zone border runs for 90 day stamps have been utterly pointless at best.

Are you sure? I have encountered several websites that say that the 1991 bilateral agreement between the US and Poland still works and the foreigners' office and US embassy in Poland has said that Americans may do 'border runs' to reset their 90 day limits.

expatcenter.blogspot.com/2013/05/staying-in-poland-without-visa-visa.html

Please see the latest post at https://polishforums.com/law/visa-stamp-overstay-american-wife-43149/
Einstein   
25 May 2017
Law / Temporary Residence Permit for American in Poland; validity date, leaving after expiration / during process [7]

@istannbullu34

2- If you do not have any application with the Foreign Office pending/waiting for decision when your card expires, the practice is that you need to leave the country.

Thank you for the information. Do you mean that I must leave only Poland or all of Schengen? Basically I am asking if the time I spend in Poland while having a valid temporary residence card do or do not count towards my 90 day limit in Shcengen.

3- When you leave you cannot get back to Poland only with the stamp. Either you will need the visa or the residence card.

As an American I am allowed to be in Shengen for 90 days per 180 days without a visa, and for Poland any 90 day period. So it would not be an issue right?
Einstein   
23 May 2017
Law / Visa Stamp if you overstay (American with a Polish Wife) [29]

I realize this is a very old thread, but my research conflicts with the consensus here that Americans cannot 'reset' their 90 days per 180 days limit in Schengen by going to Germany or Ukraine for a day and coming back. In 1991 the US and Poland created a bilateral agreement that allows this (see below). There is a lot of conflicting information and opinions here about this topic and I would like to finally get a clear answer from someone who knows more about it.

At washington.mfa.gov.pl/en/waszyngton_us_a_en_consular_information_2/waszyngton_us_a_en_visas it says "IMPORTANT FOR THE US CITIZENS: Based on an exchange of diplomatic notes between Poland and the USA, since April 15th, 1991 the US citizens are allowed to enter Poland for any 90 days period without visa. The common rule 90 days of stay in 180-day period does not apply in this case."

The above mentioned diplomatic note is attached as a PDF.

Other posts on this forum have even mentioned that both the US embassy in Poland, and the foreigners' office(s) have told Americans in Poland that they may simply leave for a day to reset their 90 day limit, and they just have to have a hotel receipt or passport stamp to prove it. If this is in fact true, it is very helpful for Americans wishing to stay in Poland more than 180 days per year, and for Americans already here who are getting close to overstaying.

There are also posts from those who have said that they unsuccessfully attempted to get a fresh 90 day limit by going to another country for a day and coming back to Poland based on their knowledge of this US-Poland agreement, and were then banned for a year. My guess is that the bilateral agreement is still in effect, but that many border guards simply do not know about it. Does anyone here have firsthand experience with this? Perhaps anyone trying to reset their 90 day limit wit this method should print out the diplomatic note and keep it on them while crossing the border in case they face difficulty with a boarder guard.

Is it true? Can Americans in Poland really reset their 90 day limit whenever they want by going to Lviv or Berlin for a day?

Additional sources:
expatcenter.blogspot.com/2013/05/staying-in-poland-without-visa-visa.html

travel.stackexchange.com/questions/39649/us-citizen-90-180-schengen-stay-bilateral-agreements-w-poland-denmark-etc
Einstein   
23 May 2017
Law / Temporary Residence Permit for American in Poland; validity date, leaving after expiration / during process [7]

I am an American who applied for a 1 year temporary residence permit in Warsaw in January on the basis of taking a polish course in preparation for further studies in Poland. I intend to reside in Poland indefinitely and later get permanent residence if possible.

I have a few questions:

1. I originally applied for the permit in August 2016, and after many delays they rejected it because of a technicality. Now I submitted my 2nd application in January. It says that my polish course will end around August of 2017. Once the temporary residence permit is granted, will it be valid for 1 year from the date it was granted, or only for 3 months until my Polish course is completed? I would hate to have gone through all this trouble to obtain a permit only valid for 3 months.

2. Upon the expiration of the permit, assuming I was in Poland the entire time, will my 90 days per 180 days limit for being in Schengen be essentially reset to zero, or will I be required to immediately leave both Poland and Schengen (or renew the permit)?

3. While I expect my application to be granted any day now, I understand that it can take a month for the card to be printed. I understand that during this time I am not supposed to leave Poland (I have already been here for more than 90 days in the last 180, so the stamp in my passport from the foreigners' office is the only thing allowing me to stay here now). If I were to leave Poland before possessing the card anyways, spend a few days in Ukraine, and the return to Poland, would I face issues coming back into Poland? I would have with me a letter saying my temporary residence permit application was granted, but not the actual card. Also my passport has around 70 stamps in it so it would take an especially thorough border guard to calculate how many days I was in Schengen.
Einstein   
21 May 2014
Real Estate / Where can foreigners get financing in Poland? I will be purchasing a small home. [12]

One reputable one is Oppenheim Kredit on Gornoslaska in Warsaw who used to be very good about sourcing credit for people without Polish citizenship who want to buy real estate.

Do you have an email address for them? I am having a hard time finding it online because I only know English.
Einstein   
20 May 2014
Real Estate / Where can foreigners get financing in Poland? I will be purchasing a small home. [12]

I will be purchasing a small home in Poland in a few months and am trying to figure out how I might finance it. I understand that it is very difficult to foreigners to get a bank mortgage in Poland. I have a large down payment, and my income is actually more than twice the purchase price of the home, but I will still need to borrow approximately 60,000 PLN. Are there any small banks or businesses that might finance this, even at a higher than normal interest rate?