The BEST Guide to POLAND
Unanswered  |  Archives 
 
 
User: Guest

Posts by Einstein  

Joined: 19 May 2014 / Male ♂
Last Post: 12 Oct 2023
Threads: 7
Posts: 54

Displayed posts: 61 / page 2 of 3
sort: Latest first   Oldest first   |
Einstein   
13 Feb 2019
USA, Canada / Bilateral Visa Waiver Agreement between USA and Poland [47]

Where were the random controls?

My passport has over 60 stamps in it now and it often takes the border guards several minutes just to locate the most recent stamp, let alone calculate the number of days between entries and exits. Most of them don't bother and pickup their stamp as soon as they see I have an American passport. But every now and then I'll encounter a border guard who wishes to be thorough.
Einstein   
13 Feb 2019
Law / Getting a Poland permanent residence permit on the basis of forever waiting for a temporary residence permit? [2]

I have lived in Poland for 3.5 years already and am on my 3rd attempt at getting a temporary residence permit. Each time I apply the foreigners' office takes almost an entire year to issue a decision, eventually coming up with some excuse as to why they cannot grant the permit. And each time they deny the application I submit a new application and get a new stamp in my passport from them, thereby extending my legal stay in Poland (although I could also just rely on the US-PL bilateral agreement).

My question is, if this cycle continued for another 6.5 years, would I then be eligible for a permanent residence permit, even though I never would have had a temporary permit? The conditions for granting the permanent permit simply say I must have legally resided in Poland for ten years.
Einstein   
13 Feb 2019
USA, Canada / Bilateral Visa Waiver Agreement between USA and Poland [47]

Yes you are right, I was referring to non-Schengen borders. But of course the Schengen borders do not have passport control (with a few exceptions now) so the risk of being caught overstaying is close to zero.
Einstein   
13 Feb 2019
USA, Canada / Bilateral Visa Waiver Agreement between USA and Poland [47]

Here is a link to an article on the Straż Graniczna website which clearly states that America citizens can enter Poland for any 90 day period and reset the 90 day timer by simply crossing the border and coming back: strazgraniczna.pl/pl/cudzoziemcy/najczesciej-zadawane-py/5012,15-Jestem-obywatelem-Stanow-Zjednoczonych-Ameryki-USA-jak-mam-obliczyc-dlugosc-d.html

I have a printed copy of this webpage with me whenever I cross any Polish border and I suggest that other Americans in Poland do the same. The border guards aren't going to ignore the rules written on their own website.
Einstein   
12 Feb 2019
Law / Getting a Polish drivers license / Poland's residence permit (how long it might take to get?) [25]

I went back to the foreigners office today with a print out of this law. They said that my passport is not an acceptable document because it is not polish and because "anyone could enter Poland with their passport". When I asked them what document other than a residence permit or visa would satisfy their requirements, they said that a letter from the foreigners office stating that I am allowed to be here would be acceptable.

Any idea if the foreigners office would write such a letter, and how long it would take? In my experience they are rarely helpful.

I have looked at the Dziennik Ustaw that they are using at the office and it does not define what other documents are acceptable, nor does it say that a passport is not acceptable.

Should I go waste my entire day standing in line at the foreigners office to get a letter that they likely will refuse to write? Or can I make a formal appeal to the head of the Starostwo Powiatowe?
Einstein   
12 Feb 2019
Law / Getting a Polish drivers license / Poland's residence permit (how long it might take to get?) [25]

I am an American citizen and recently passed my Polish driving exams. I was issues a PKK and paid the 100 PLN for my driving license. But then I was told that they won't give me the license because I haven't shown them a residence permit or visa. However, I have lived in Poland legally for over 3 years now, on the basis that I am waiting for my residence permit application to be decided on, and on the basis that it has been less than 90 days since I last entered the country. I have big red stamp in my passport from the foreigners' office which states I am allowed to be here. The head of my driving school and various websites say that any document proving I am allowed to be here should be acceptable. So why has the district office refused to issue my license? Where is it written in the Polish law that a residence permit/visa is required? Poland doesn't issue visas to Americans since we are allowed to enter the country without a visa.
Einstein   
11 Feb 2019
Law / How to exchange almost expired USA driving license for Polish license? [16]

Update: Starostwo Powiatowe in Pruszków refuses to issue me driving license

After passing my theory and practical driving exams, I went to the district office in Pruszków today to pickup my driving license. I paid 100.50 PLN as instructed by the woman at the desk, but she then refused to give me my license claiming that I must hold a karta pobytu or visa. When I explained to her that American citizens do not need a visa to enter Poland and that I have lived legally in Poland for 3 years she explained that the stamps in my passport, both from the foreigners' office and from the border guards, are not acceptable and only a karta pobytu or visa is acceptable.

This goes against the advise given to me in an earlier post by @Atch , as well as justaskpoland.com/polish-driving-licence/ , which state "As far as I know you don't need a residence permit." and "A Polish driving licence can be issued for a person who declares Poland as their place of residence, being forewarned of accountability before the law for false statements. That applies to a person who spends a minimum of 185 days of every year in Poland. " respectively.

Can someone please clarify the situation, and ideally mention the exact Polish laws where it is written whether or not a karta pobytu is required to obtain a license?

I reside in Poland legally on the basis that I am waiting for the foreigners' office to issue a decision on my temporary residence permit application, and on the basis that it has been less than 90 days since I last entered the country. I have a PESEL, a zameldowanie, and I pay taxes to Poland on my worldwide income.

Article 11 of this Polish law: Dz.U. 2011 Nr 30 poz. 151 prawo.sejm.gov.pl/isap.nsf/download.xsp/WDU20110300151/T/D20110151L.pdf
states " 5) stays on the territory of the Republic of Poland for at least 185 days
in any calendar year because of their personal ties or
professional or provide a certificate that he / she is studying at least from 6
months.
" without any mention of a residence permit being required. Is this correct? Should I print out this law and take it back to the district office? To whom can I appeal if they still refuse to give me my driving license?
Einstein   
21 Sep 2018
Law / How to exchange almost expired USA driving license for Polish license? [16]

Thank you, I read this article and it is helpful. I see in this section it doesn't mention anything about being required to take lessons. So can I just skip to the exams? Google didn't seem to have this answer either.

"Apply for a Polish licence
In order to do that, four conditions need to be fulfilled.

You need to be a resident of Poland.
You need to meet the age requirements for the category you want to obtain.
You need to pass medical tests.
You need to pass a theoretical and practical driving exam."
Einstein   
21 Sep 2018
Law / How to exchange almost expired USA driving license for Polish license? [16]

Ok so it sounds like it will likely be easier to just get a new license rather than exchange my USA license. I won't have to pay for a sworn translation of my license and don't have to worry about the USA and Poland not communicating.

Can I just walk into the Urzad and tell them I want to take a driving test and get a license? Or I should make an appointment somehow?
Einstein   
20 Sep 2018
Law / How to exchange almost expired USA driving license for Polish license? [16]

@MoOli

Can't I submit the medical exam when I exchange my license, and then the new Polish license I get will be valid for longer than 3 weeks?

The international driving permit is simply a translation of the license; AAA won't give me another one if my license is only valid for 3 weeks. And I can't renew my USA license or I will face state income tax consequences.
Einstein   
20 Sep 2018
Law / How to exchange almost expired USA driving license for Polish license? [16]

I have a USA driving license that expires in 3 weeks and am trying to figure out how to replace it here. I have lived in Poland legally for 3 years but do not have a residence permit (still waiting for appeal from foreigners' office). I have a PESEL and zameldowanie.

What exactly must I do to exchange my license for a Polish license?

Do I need a sworn translation of my USA license? Or an expired IDL will work?
Do I need a medical exam? If so where do I go for it?
Will the give me the Polish license right away, or I must wait days or weeks while not being able to drive?
Einstein   
12 Jun 2018
USA, Canada / Bilateral Visa Waiver Agreement between USA and Poland [47]

Has anyone here actually tried to get a signed letter from the foreigners' office or border guard that confirms the US-Poland bilateral agreement is in force and allows Americans to enter Poland for any 90 day period regardless of the number of days on their Schengen counter?
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.