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Posts by MarkC  

Joined: 10 May 2017 / Male ♂ 		Last Post: 10 May 2017
Threads: Total: 6 / In This Archive: 6
Posts: Total: 20 / In This Archive: 19
Speaks Polish?: Yes

Displayed posts: 25
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MarkC   
10 May 2017
Law / Poland's Citizenship Requirements - Is a permanent resident card necessary ? [26]

Hello all,

I intend on applying for my Polish citizenship, based on my marriage and length of stay here in Poland.

This is something I've been looking into for some time so I would say I was rather familiar with the procedure and what is required. However, I think I may have inadvertently overlooked one point. This is the permanent residence card.

At the moment, I have my registration of residence (Zaświadczenie o Zarejestrowaniu Pobytu Obywatela Unii Europejskiej), and as I originally understood it I would be able to apply for citizenship with this. However, after looking over the requirements I can see that a certified copy of a permanent resident card issued by a voivode is required. I think I'm a little confused because the method of recognition as a citizen I am choosing is the point I mentioned above (a foreigner residing continuously in Poland (what is an uninterrupted stay?->) for at least 2 years on the basis of a permanent residence permit -> or a long-term EU resident permit -> and who has been married to a Polish citizen for at least three years or holds no citizenship). The way this is worded seems to me is that the permanent residence card is not necessary as I hold my EU registration of residence.

To give you a little background, I have lived in Poland for almost 5 years (it will be 5 years in December) although, my card/crappy piece of paper is registered from March 2013, expiring March 2018. I have been married for over 5 years. All other requirements, I have (apart from the Polish language certificate, as I will be taking the test next month).

Perhaps somebody could help clear this up for me? Or, maybe somebody has been in a similar situation.

Thank you in advance.

Mark
MarkC   
10 May 2017
Law / Poland's Citizenship Requirements - Is a permanent resident card necessary ? [26]

@delphiandomine

Thank you.

I actually spoke with someone late this afternoon who confirmed the 5 year period. Although, they didn't mention any of the necessary requirements as did you. They simply mentioned that at the end of my first 5 year period here. In the meantime, I'll find out about the specifics.

You know, it's funny actually because my friend was talking to me about this about 2 years ago or so, and it's now all coming back to me in pieces. I just happened to completely forget about it as time went by. But, the time 5 year period is approaching now so naturally, that's why I decided to look into it once again.

Thank you once again for your help.
MarkC   
10 May 2017
Law / Poland's Citizenship Requirements - Is a permanent resident card necessary ? [26]

@delphiandomine

Do I really have to have been working continuously for the 5 years? This could be a problem.

When I came to Poland, for the first couple of years I was renovating our home and taking care of our son. After this, I took up employment in Poland and eventually started my own business which is where I am today.
MarkC   
10 May 2017
Law / Poland's Citizenship Requirements - Is a permanent resident card necessary ? [26]

You'll get a plastic card, which is more than enough to identify yourself with to the government

As for the plastic card, my current passport or driving license seems to suffice whenever I need to identify myself. Nobody asks any questions.

Someone else might see it differently, though, especially if you were married the entire time.

I will simply have to enquire. My friend will be able to inform me as he has already completed this process. But, yes, I was married the whole time and event prior to this period in Poland so it may count for something.

In all honesty whenever I do need something from the local Urząd they normally don't cause too much of a fuss. That normally boils down to the fact that they themselves aren't entirely all sure about the process, or they never used to be. Although, Poland is progressing now and they are more on the ball about these things so who knows! Thank you anyway.

It's not an urgent necessity to have citizenship. I would, however, like to complete the permanent residence procedure prior to Brexit and hopefully prevent opening a can of worms.
MarkC   
10 May 2017
Law / Stopped by the Poland's Police for no reason while walking at night [94]

White = Requirements and responsibilities.

My experience in Poland is Everybody = Requirements and responsibilities. If anybody is looking for handouts or priorities of some sort, then this is the wrong country.

I know elsewhere it is as you described but as jon357 said, not here in Poland. Sure, some people are racist, some are not, but it doesn't change how their expectations of anybody.
MarkC   
10 May 2017
Law / Can I get a PESEL and register foreign birth certificate in Poland without citizenship? [5]

You are entitled to register your foreign birth certificate through right of blood, assuming of course that is how you previously obtained your Polish passport. I know this as I did this for my son who was born in the UK (his mother is Polish).

I must say, I am curious how you have a Polish passport but no PESEL, birth certificate or birth certificate. I thought this was provided at the same time if done via consulate. In fact, I didn't realise you could have a Polish passport without confirmation of citizenship. But I'm not that up to date on such procedures, so there you go.
MarkC   
11 May 2017
Law / Poland's Citizenship Requirements - Is a permanent resident card necessary ? [26]

I can't imagine why anyone in a genuine marriage would do that.

Dominic, in my case I'm posting a reasonable question in the correct section on a relevant web forum.

As for why I'm posting here, have you experienced the bureaucracy? One person says one thing, another something different. And, that's not including the conflicting information on the web. To give you an example, dolnoslask posted outdated information which he claimed was the way to go, turns out it isn't.

As for fishing my way into the EU, there is no need as I'm an EU citizen (British). I simply wish to obtain Polish citizenship as I'm now living here full time, I've a son, wife, and business here, plus, I've integrated myself into the Polish society quite well.
MarkC   
15 Dec 2017
Law / My permanent residence card is being cancelled due to divorcing within 2 years of receiving it [19]

Quick question.

Does this apply to those who retrieve the permanent residence card on the basis of being an EU citizen? I, for example, am applying for my residence card this month as I have now spent my 5 year qualification period here. However, at the same divorce, I'm going through a divorce here in Poland.

Naturally, as I'm still married I have to put that on the application, although, should I need to change anything in the future and they were to get wind of the fact that my marital status has changed would they kick up a fuss? Now, technically the answer should be no it won't matter, but that's not to say that the bureaucracy of the Polish urząd will think otherwise and that common sense will not prevail.

Thanks in advance.
MarkC   
22 Jan 2018
Law / I have to fix Karta Pobytu for EU citizens [20]

@kepler
The process for EU citizens is slightly different than non-EU. However, it was a kind of 'let's throw something together at last minute' solution when Poland joined the EU.

Most people involved also don't sometimes understand or see the difference of the process, and in fact, I still have trouble's with certain processes or at least understand them. To give you an example, technically it's quick for a married non-EU citizen to get citizenship than it is for an EU citizen - this is due to the fact that you are can get residency after 2-3 years as a non-EU citizen married to a pole, however, you have to wait 5 years to get a 'right to permanent residency' as an EU citizen, hence, extending the process. I'm pretty sure that somewhere in the mess there is a way around this but I'm not entirely sure.

According to EU rules, all you have to do is register your stay within 3 months. Then you're entitled to do as you please, work, live, party etc. Although, that won't stop officials questioning you along the way and misunderstanding the fact that it is indeed different for EU citizens as oppose to non-EU citizens.

In your situation, you will need to keep this document that you have for 5 years. Once this period has passed you may go and apply for a plastic 'permanent residency card' which, believe it or not, will make your life somewhat easier when it comes to certain institutions. Magically, it's like they see the light at the end of the tunnel. 'Oh, yes, a polish document which says permanent resident... yes we can help you'.

Out of curiosity, how long have you been here and from which country are you?
MarkC   
27 Feb 2018
Law / What's the deal with Polish Urząd and time scales in Poland (specifically for Karty Pobytu) [9]

Hi Guys,

I'm just wondering if somebody who's applied for Karty Pobytu (as an EU citizen) could give me a realistic indication of waiting times?

The Urząd tell me 3 - 4 months and that I should call to check; I find it quite crazy that there isn't even an automated email or SMS they can send out when it's ready especially considering they took both my email and mobile phone number.

Also, if the time of 3 -4 months given is correct, what's with the wait time? I could understand as a non-EU citizen, but for an EU citizen you literally have to provide them with all proofs anyway, so it's not like they have to go running around to find all of this.

Thanks in advance.
Mark
MarkC   
17 Aug 2018
Law / Closing a business in Poland and keeping phone contract. [2]

Hi,

I'm just looking for some information as I've recently closed my business (działalność gospodarcza), however, under this business I have my mobile and internet contract.

What I want to know is can I continue these? I have no problems with doing so, and in fact, I would like to do this. Obviously, I can't renew the contract, but can I 'legally' continue with this?

To be honest I wouldn't have given a damn and would have continued until the end of the contract anyway - it's not like they're going to throw me in jail. Although, the GF is giving me jipp about it.

Thanks in advance.

Mark
MarkC   
21 Aug 2018
UK, Ireland / Expired Polish passport; will the English one suffice? [9]

Hello,

Sorry, but unfortunately Poland doesn't offer such a service. Unless your wife is also a UK passport holder then there is the same day service where you can go and wait in line to get it done there and then.

I know this because my girlfriend's children recently needed passports very quickly and there is no expedite service.

However, something that's just sprung to mind, your wife probably has an ID card (hopefully not expired). If your travelling within the EU she can use that.

Best of luck.

Mark
MarkC   
18 Sep 2018
Law / Permanent residence permit of the EU/Poland and language tests [10]

It is not fair because one of my American colleague got one last year without a language test although he cannot speak Polish.

Last year? I think this regulation changed many years ago. I've been in Poland for a long time and have recently sat the B1 language test. Ever since I came to Poland the knowledge of polish B1 has been a requirement as I checked this back then. I've been here for more than 5 years now just for reference.

The next state exam is November 17th - 18th in case you were wondering. However, if you've been here for 5 years I would imagine that you would be at that level now? I never had any Polish lessons and learned more than enough. Ok, it took time, repetition and talking to many, many people, however, it's possible.

I don't know your situation, so I can't really comment, however, are you sure you aren't being too hard on yourself and that you're actually already at a high enough level to sit the B1.
MarkC   
26 Sep 2018
Law / Applying for Polish citizenship through marriage in middle of divorce proceedings [4]

Hello

Just a quick one. Has anyone had experience of this?

Now I should explain my situation to make things a little clearer. I'm an EU citizen (British), married for 7 years now, however, as per the title, in the middle of a divorce. I've lived in Poland for 5 years and now I have all the things I needed to get together for Polish citizenship.

Technically, as I'm still married and going through the delights of a long and painful Polish court procedure I'm (legally) able to still apply on the basis of marriage - or so one would think. But, my question is how would this be viewed by the dreaded urząd?

Now, obviously, the Polish citizenship to me in one sense is not necessary. I say this as I could understand if I was from some let's say dodgy non-EU country, then naturally alarm bells would be ringing right away. So how, if at all, would this have any implications for my application?

We have a son together who lives here in Poland (British and Polish citizenship) who lives with me, just FYI.

Thanks in advance, guys.

Mark
MarkC   
26 Sep 2018
Law / Applying for Polish citizenship through marriage in middle of divorce proceedings [4]

Hi Terri,

Thanks for your input. Tbh, I probably won't tell them, however, my marriage was registered in Poland around 5 or 6 years ago.

The only thing is if they check with my ex to see our status. I'm unsure they will do this considering I am able to provide all details, proofs and Polish marriage certificate, that plus I'm an EU citizen. Like I mentioned earlier, I'm sure they'd be all over me if I was from a non-EU country.

Still open to anyone else's input.

Thanks,
Mark
MarkC   
9 Oct 2018
Law / Voting in Poland - Rights and Registration [11]

Merged:

Voting in Poland as an EU (not Polish) citizen



Hi Guys,

What are the voting rights in Poland for EU citizens?

Besides of course the most obvious being that you won't be able to vote in the presidential election I'm unsure as to where I stand regarding wójt, burmistrz, prezydent miasta etc.

Additionally, should I have the right to vote on such matters is there anything else I would need to do other than being registered at my address?

Thanks in advance.

Mark
MarkC   
29 Oct 2018
Law / Recognition as a Polish citizen on the basis of marriage with a citizen of Poland [5]

Hi Guys,

Has anyone applied for recognition as a Polish citizen? If so, have you applied on the basis of marriage?

I went to apply with all documentation after mountains of research and was asked to provide information of my income (działalnośc, umowa o pracy etc.) and also legal entitlement to a place of living, however, as I'm not applying on the basis of living here a certain amount of time with a permanent residence I was under the impression this was not needed. Let's say it's certainly not stated anywhere that I do.

After some additional research I found this - WAŻNE! Jeśli ubiegasz się o uznanie za obywatela polskiego na podstawie art. 30 ust. 1 pkt 2, 3 i 7 ustawy o obywatelstwie polskim, to nie załączasz dokumentów wymienionych w pkt 12 i 13. Jeśli natomiast ubiegasz się o uznanie za obywatela polskiego na podstawie art. 30 ust. 1 pkt 3 to przedkładasz także decyzję o nadaniu ci statusu uchodźcy w RP.

Basically, the points it refers to is that if I'm applying on the basis of point 2 (marriage) that point 12 and 13 (these are the points referring to income and housing) are not required. So, am I dealing with simple bureaucracy here or what? I haven't spoken with them since finding this information, but it makes sense, no?

Any input is appreciated in advance.

Many Thanks,
Mark
MarkC   
29 Oct 2018
Law / Recognition as a Polish citizen on the basis of marriage with a citizen of Poland [5]

Hi Delph,

I have everything. Trust me, I've done my research and prepared everything I need in stages.

Exam done, certificate received, permanent residence done etc. the lady in the urząd went through everything with me to make sure I have all the other documentation in order before I come back. I'm going back because the only one thing I did not do was umiejscowić akt urodzenia - didn't realise that was required. Other than that she said it was all hunky dory, but that when I returned I need to attach the income and housing documentation - to which I was told just to make a certificate of using the place as it's not in my name, and then to get it verified by a notary that my wife is the owner of the property. Complete mess around.

The only problem is the above information I found saying it's not necessary to provide this on the basis of marriage.
MarkC   
29 Oct 2018
Law / Recognition as a Polish citizen on the basis of marriage with a citizen of Poland [5]

Thanks for the advice.

Ahhh yes, I see what you mean now. Well as you know now I have the permanent residency, and as for the 2 years if you remember in my post I was unsure how to interpret this so I simply mentioned this and I was informed that it's ok, and they just need 2 check 2 years back (or rather I need to provide proof) that I spent this time here in Poland.
MarkC   
2 Aug 2019
Law / Caught speeding - Do points go against PESEL in Poland? [7]

Hello,

So yesterday I got caught speeding and got given a hefty fine of 500PLN and 10 points (at least that's what's written on the ticket).

I was in a rush and didn't really have time to argue the point and I do know I was speeding so I just accepted it, although, thinking about it now I wish I'd have had more time to discuss this with them.

Anyhow, they took my details, license, etc. I've got 7 days to pay the fine, however, the police officer said it's 10 points but for you that won't count as you have a U.K. license. All said and done he wrote the ticket, said slow down and I was on my way.

Now, I was thinking about changing my license to a polish one because of brexit and I really don't want the hassle after brexit should I happen to be stopped and they tell me I can no longer drive on my I'm license. Not looking at getting a driving permit either because that's senseless and I'd have to go to the U.K. to get it. Therefore, my question is as titled, are points linked to your PESEL. I've heard and read different opinions on this so I don't know what to believe. In addition, if they weren't linked to my PESEL would changing to a polish license then 'pick them up' so to speak?

Thanks guys.

Mark
MarkC   
4 Aug 2019
Law / Caught speeding - Do points go against PESEL in Poland? [7]

Thanks for the answers guys. However, not too sure it clears up my question. Are points linked to a PESEL?

As for changing the license I really don't want too. However, if points are linked to a person rather than their license then it really doesn't matter if I change to a polish driving license.

Secondly, I may have to change to a polish license. I don't know what's going to happen with brexit, and whilst I don't give that much of a damn of driving on a U.K. license in the EU when I no longer can (if I get caught they'll just tell me I can't drive on this license blah blah blah, give me some inconveniences and not let me drive home) from what I'm reading if there is a no deal brexit the rules may change and I'll no longer be able to drive on my license here without a permit. Firstly, I don't plan on going back to the U.K. for a permit, as you can only receive them via the post office. Also, I read that in the event of a no deal brexit after the cut off date the possibility of exchanging your license will no longer be in place.

Best,
Mark