You should just apply for a temporary residence permit in the Office for Foreigners of the Voivodeship Office in the voivodeship where you reside. In case if your Visa stay in Poland expire, you'll get annotation (stamp in the travel document) confirming the submission of an application. This stamp legalizes your stay up to date of the decision in this case.
Even if your stay is undocumented, being a citizen spouse, you have certain privileges - you can't be deported nor included in the list of undesirable aliens on Polish territory, however the undocumented stay terminates uninterrupted legal stay in Poland, which is necessary to obtain a permit for permanent residence, and later Polish citizenship. Moreover, you lose then various benefits such as the right to work, or to public health insurance.
Hello, i need you help, im Moroccan married to a polish man in Morocco, my husband works and lives in UK, i applied for EEA visa on December 2014, but it has been refused, i appeal for the decision on Feb 2014, but the hearing court is until May 2016, i need you advise please, while im waiting in Morocco, could i apply for a Polish visa, to visit my husband family and go with my husband to Poland as tourist. please could you advise, im strugling and confused while i need to wait until May next year. i can go and visit my family -in law.
From what I have read: You may try to apply for the Poland's visa, but the fact that you're married with Polish citizen doesn't help you much in this case. You'll still need to proof connection with your own country - you should own an apartment there, have a good job - as an assurance that you would come back to your home after.
I know - it is not a welcome answer - but's just the sad reality. Seems that other EU citizens have not much hassle when they want to bring their spouses with them.
You'll still need to proof connection with your own country - you should own an apartment there, have a good job - as an assurance that you would come back to your home after.
Not entirely correct... Family members of Polish citizens as defined by the relevant law (including only married spouse and minor children) are exempted from this requirement because by EU law every EU citizen has the right to live with their family in the EU.
Usually internet posters don't disclose the stated reason for rejection for a reason... They are hoping people will tell them what they want to hear.
The UK gov states very clearly in simple English why EEA family visa application has been rejected. They will provide a letter signed by the officer that conducted the interview saying something like "you have failed to satisfy me that you didn't enter in marriage specifically to circumvent the regulations concerning the entry and residence of foreigners in the UK" for example.
My guess is exactly the example I used above - that they are not convinced the marriage was not conducted specifically to circumvent visa/residence regulations. I assume the poster got married less than 6 months ago. In this case, if the marriage lasts until May 2016 and they actually have a genuine marital life until that date, then I believe the appeal will work. Otherwise no.
People that say their visa applications (not talking about UK EEA family permits but type C or D visas from Poland) are rejected even though they are married to a Polish citizen tend to fall in one of two categories:
1. They have not completed the formalities of marriage registration in Poland. Sometimes this is because they have marriage documents not recognized by Poland all together, including but not limited to same sex marriage, multiple spouses, or (most commonly) marriage conducted by a religious authority not recognized by the government in the country in which the marriage was conducted - this third one is a frequent problem with marriages conducted in North Africa and Middle East.
2. They got married recently (under 6 months), which makes it easy for the authority looking at visa application to say the marriage was conducted specifically to circumvent visa/residence regulations.
@Polsyr: Re EU, I can tell you that on regular basis French medias report about foreign (non EU) guys, living in France and fathers of French citizens who are expelled from France because they don't qualify for French papers (athough their kids are French). Such non coherent cases are not rare and therefore accepted by EU.
There's something very wrong with that, because EU law respects the right of the family. There's been several cases on the matter - the most well known is the Chen case - en.wikipedia.org/wiki/Chen_v_Home_Secretary
Could be that they're being expelled from France for other reasons, such as having committed criminal acts.
@Delph: could be that said (non EU) people did something wrong or came illegally. Believe me, it happens fairly often and always big coverage in all medias. I once read something of the kind that took place in Germany. What I am aiming at is that there is no guarantee to be accepted in EU when married and/or kids from EU.
Yes, if they turned up illegally or did something wrong, they cannot expect to be treated the same way. I know in practice, Poland tends to issue a "tolerated stay permit" to those that entered illegally and now have families - but it cannot be relied on at all, like you say.
Yes absolutely wrong, the visa of non UE family member can't be refused by any European country except this one from where the UE citizen come from because in this case the National law is applied and in your case your wife is Polish a she exercise her right of free movement in the UK so you have the right to get your visa as soon as possible if you will be able to prouve that your mariage is recognized by the European law. Anyway check the directive 38/2004 and I advise you to contact solvit about your appeal
@ InPolska; I don't know how it is in France, but in Poland, like I said before, the definition includes married spouse and minor/dependant children only (also minor/dependant children of the foreign spouse). Father or mother does not count per Polish law concerning foreigners.
Exceptions may be made in the cases where the child is a minor and/or a dependant and there is no other parent to take care of the child (for example in case of death of the other parent). I am familiar with one such case. I don't know the exact mechanism though.
Going back to my original statement, if visa of the spouse of EU citizen is declined it is almost always one of the two reasons I mentioned (marriage not registered in country of the EU citizen or marriage deemed a marriage of convenience intended just to get a visa). I am only talking about the married spouses and not about people in civil partnerships (the law on them is inconsistent across the EU).
I did not say anything in this thread about residence permit for a person already in the EU.
In Poland, residing illegally alone is not grounds for rejection per the law. There has to be another strong reason on top of that. And like Delph said, sometimes Poland issues permits for tolerated stay to such individuals, in particular if their stay was illegal prior to them becoming spouses of Polish citizens. From a practical standpoint, the biggest difference is that while the spouse of a Polish citizen residing in Poland on the basis on a residence permit (issued based on the marriage) may apply for permanent residence after only 2 years, those that reside on the basis of permit for tolerated stay must wait 10 years before they can apply. Don't quote me on this though, I could be wrong about the 10 years for holders of permits for tolerated stay. I don't know anything about the law in France concerning foreigners so I can't comment about what goes on in France. However, all EU countries are bound by EU laws protecting families in that sense.
UK law has a minimum income expectation
This is also correct and I forgot to mention it. Like I said before, the poster is not telling us the reason for rejection for a reason. They want us to tell them what they want to hear.
to Polsyr, many thanks, all what you said is correct. we married in August 2014, but i applied for EEA visa on the Dec2014. we appeal on Feb 2015, now the court hearing until May 2016.
My husband and I had an interview and our answers were correct, but the reason of my refusal was :"Im satisfied that you are party to a marriage of convenience,I therefore refuse you EEA family permit application".
Im very confused, my husband now travel many time to Morocco to see me, im very sad for my situation, we need to live together but we cant!!
You need to prouve that your partner visit you many times, you can provide pictures, flight tickets as well what's up messages or Skype... Basically Anything what can prouve that this relationship is legitimate and not a mariage of convenience
@Polsyr: since you mention EU ;). Do realize that France has been in the EU since ... 1957 so I assume that EU rules prevail..... Probably when wrongdoings, the EU rules don't apply. In the case of the OP, when a "scam marriage" is suspected, they don't apply either.
@DkaMaroc: the best way to convince them would be that you live together in Morocco. I know it's not so easy to move from one country to another country (money, work...) but sometimes it is necessary.
You know, collecting plane tickets, FB messages and so forth is not sufficient. You know there are 2 kinds of 'scam" marriages and since you must know French, I'm giving you the expressions in French: "mariage blanc" and "mariage gris". A "white' marriage is when both spouses mean to fool the authorities and a "grey' marriage is when the spouse from the country which the other spouse wants to enter is sincere and truly loves his/her spouse but the foreign spouse only uses him/her to enter said country. Collecting plane tickets, mails etc.... does not confirm it is not a "grey" marriage. I don't need to be convinced either way, I don't issue and I don't refuse visas ;).
I once met a Polish-Algerian couple here in Warsaw who had had a hell of a time with the Polish authoities in Algiers. The Algerian guy was refused visa to Poland (they had married in Algeria) so they stayed 2 (?) years in Algeria before applying again and it worked out.
PS: if you don't want to live in Morocco with your spouse, what about another country where entrance would be easier than in Poland? Later on, we could move to Poland
@DkaMaroc: why don't you take a lawyer if you think you've not been treated right? Why do you expect to us, besides crying with you and telling you that the "Brits" are not nice ... Do see a lawyer!
Do realize that France has been in the EU since ... 1957 so I assume that EU rules prevail.
yes, but the French governments have made it a specialty to ignore EU rules and implement laws for political reasons which they know are contrary to EU and will ultimately be rejected (I am sure they can afford good lawyers who warn them beforehand). They take the political benefit immediately and when the law is finally overturned several years later by the EU, they are no longer in power so they don't care. The latest example is a law passed regarding taxation of non residents by French tax office which has just been overturned by the EU court in Luxemburg ; but who cares, it is the previous government who passed the law, non residents do not vote and do not demonstrate in the streets of Paris and now the current government will have to reimburse hundreds of millions of euros.
French governments have made it a specialty to ignore EU rules and implement laws for political reasons
If that is the case (I don't follow French politics in detail) then it is not unique to French governments - many EU governments are guilty of the same thing, including the one right here and the one across the pond as well.
Why do you expect to us, besides crying with you and telling you that the "Brits" are not nice ... Do see a lawyer!
Trying to get my head around your comment? She is Polish, her husband is Moroccan, yet, the Brits are not nice for not allowing them to live in the UK? Surely they can join the other 5,000 in Calais and hop on a lorry or maybe the Brits think the country is full up.
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