Posts by Siema

Siema

26 Mar 2015

Law / My permanent residence card is being cancelled due to divorcing within 2 years of receiving it [19]

Hi guys..I got my permanent residence card in april 2013 based on marridge with polish citizen. My wife wanted to divorce by the end of 2013, put the case into the court, so we divorced in feb 2014. As you might already know there is new law about foreigners went into live in may 2014. İn this new act there is an article saying " if u get divorce within 2 years after getting the permanent residence card, the card can be canceled". I applied for polish citizenship to president, and now wojawoda wants to apply this new article for my case :) Any opinions ? anyone in same situation ?

Siema

26 Mar 2015

Law / My permanent residence card is being cancelled due to divorcing within 2 years of receiving it [19]

The weird thing is ; the new rule went in live 1 year after I got the permanent residence card; 2 months after I got divorced and 1 month after I bought a flat in Poland. So my permanent card was given accoding to the old law. And in the old law there was nothing like you loose the card if you divorce within 2 years after getting the card.

If my card will be cancelled according to the new article then I believe it would be the violation of gained rights and this is against the universal principles of law.I have been working almost for 5 years in Poland and get a permanent contract with my current employee. I did not get the purpose of this new article either ; forcing people to contunie their fixed marridge 2 more years ? If marridge is fixed, people would continue it anyhow, no article can stop them.

Think of the people who are in this 2 years time period after obtaning the residence card and also having divorce cases still contunining in the court. They will do everything not to divorce, so it will rprolong the juristiction needlessly also.

And other thing this new code is called as foreigner friendly :D

Your only chance is to convince him to decide otherwise, backed up by solid legal reasoning and evidence. And from what you described, there isn't any of either.

What do you mean by solid legal reasoning and evidence ? The article itself is not clear even, because of what wojawoda can cancel the permanent residence card ? It just says '' the card can be cancelled if the foreigner divorces within 2 years after receiving the card ". No clarification, no explanation regarding what kind of investigation wojawoda should proceed before cancelling the card and because of what reason they can cancel, again no clarification. So for sthg which is not clear how can I provide legal evidences.

Siema

26 Mar 2015

Law / My permanent residence card is being cancelled due to divorcing within 2 years of receiving it [19]

Nope, I don't have kids. Yes, I do speak polish quite well. Even if they cancel the permanent card, they can not deport me out of Poland. They said in this case I will change the status and will need to apply for temporary residence card based on working in Poland. So getting such document from HR doesn't necessary I think. What is annoying is, why I have to change my status to temporary residence, İf I already completed all conditions to get a permanent residence and got the card. Especially after spending 300 hundred thousand for a flat. Anyone who could comment on this from legal point of view ?

Siema

2 Apr 2015

Law / My permanent residence card is being cancelled due to divorcing within 2 years of receiving it [19]

So if someone got married, got a permanent residence card and stayed with that person for, let's say, 10 years and eventually got divorced after 10 years, would that person have to leave? Or is it only within the 2 year mark?

After 3 years marriage that person gets permanent residence card; after getting this card if he stays in marriage 2 more years he can apply for polish citizenship to wojewoda and for sure gets citizenship..So theoretically divorcing after 10 years has no effect after getting citizenship..If the person did not apply for citizenship after 5 years of marriage and gets divorce after 10 years marriage; then he has right to apply for permanent stay card because of staying in Poland during 10 years..