Posts by ClayE

ClayE

11 Jan 2019

Law / Polish inheritance law in Canada [37]

Merged:

Succession law on death - EU 650/2012 designation of a country other than Poland - 2 questions

Under EU regulation 650/2012 you can choose the laws of your home country where you are a citizen to apply on death.

Under Polish law, I understand if you are not married without children, your assets go to your parents (you cannot disinherit parents, unless you fulfill the requirements of Polish Civil Law allowing you to disinherit them). While I believe I would meet these requirements, it provides the disinherited parent an opportunity to contest the will under Polish law.

If you choose your home country's laws under the EU regulation, I understand some of Poland's succession rules will still apply.

1) Does anyone know if Poland's law will override my home country's law related to succession law for parents in Canada? Or am I free to choose how much, if any, to allocate to parents?

Please only informed comments, not opinions.

Ultimately I will consult a lawyer/notary in Poland and a lawyer in Canada, however I am trying to be better prepared before the meetings.

Additionally, not all advisers are equal and may not be sufficiently knowledgeable in such matters, so I would like to be prepared to challenge their opinions.

2) If anyone knows a notary with advanced skill in relation to my situation and preparation of a will, please provide a recommendation.

ClayE

1 Nov 2019

Classifieds / Temporary auditor/accountant position in Poland [2]

I was offered a temporary position at one of the large audit firms where I used to work years ago to assist during the peak season.

I couldn't take the job as I am currently working part time and didn't want to give up my current position and they need someone generally available for a full time position.

The job was to be supervising lower staff on audits.
If you know anyone with experience who is interested let me know.
It relates to the audit of international companies reporting in English, so Polish wasn't essential, but probably would be an asset.

ClayE

13 Jul 2024

Law / 6 year absence from Poland question - residence permit for a long-term EC resident in Poland [3]

I have a long term resident permit for Poland that I do not want to lose the right to, but I plan to move to another EU countries for several years.
Under the Polish Act I lose this if I leave the EU for >1 year or Poland for >6 years. (as per Article 199 of Poland's Act of 2013 on Foreigners)
I intend to move to another EU country under one of their residence programs, but will not get a permanent residence in that country.
How do I ensure that I do not lose my Poland long term EU residence status?

Is anyone aware of any guidance on this?
Do I need to move back to Poland permanently before the 6 years is up?
Or does just being in Poland from time to time over the 6 years keep the period extended indefinitely?

The one year absence from the EU comes from the EU rules.
I know in an EU case the EU concluded that even being in the EU a few days means that you have not been outside of the EU for > 1 year, HOWEVER: a) Austria did not recognise this, and that is why the person had to go to the EU court to enforce their right and b) the 6 year period is regulated by Poland, therefore I do not believe the EU court would have any say in the matter, and it would be subject to the Polish interpretations, which could have a different view.

Ultimately, I would go to a professional for a written opinion and also ask the Polish authorities, but does anyone have any experience with this and/or know an expert that would have very detailed knowledge of this? (any lawyer can provide a caveated opinion, but I need a legal opinion that can be relied on for life decisions)