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Trouble leaving Poland and returning to US; I should leave Poland every 90 days - I went to Berlin [10]
The confusion is that you need to leave the Schengen Area (like say UK or Ukraine) and come back in for another 90 days in order to take advantage of this old treaty....not just Poland and not just the EU (Before 2007 or so you could just pop over to Berlin or anywhere out of Poland and get another 90 days but now since Poland is a full EU/Schengen member you would still be in the Schengen area. I discovered this "loophole" by accident myself and was told by the Border Guards and Immigration that while "legal" they prefer you legitimize if you are living in Poland. This treaty was in place before Poland was in the EU/Schengen so I was told it is still valid though a grey area and can close any time.
Otherwise "technically" an American has to have a Karta Pobytu for long term stay (more than 90 days) for study, work, marriage etc. We can't get Schengen visas as I understand it....90 day tourist stamps or Karta Pobytu are the options. By the rules in order to stay and study for a year you should have applied for and received a Karta Pobytu...but it seems people have varying experiences as to what they can get away with.
This agency: interwencjaprawna.pl
is a legal assistance agency and they helped me verify it as well. The contact page on the website has the address and hours. It's a little hard to find if I recall...sort of under a bridge. But they were very helpful and may be able to assist with the rest of your problem.
Another person who is helpful though can be difficult to get in to see is the main secretary at the immigration office on Dluga 5. You have to take a number and may wait several hours...and need someone to translate if you don't speak Polish as she is an older woman who doesn't speak English. And don't be put off by her at times gruff appearance...treat her kindly and she is a wealth of info.
Regarding just leaving with what you have the thing is like many things in Poland...it depends on who you get and when you get them. Most people don't seem to be sure at all of the rules and I have always just tried to be super polite and hope for the best.
I have also attached a pdf copy of the above mentioned treaty in Polish and English.
Sorry for the attachment issue. Here is a link with the Treaty: imgur.com/qNdjw3l
Damned the edit function timeout...
I wanted to clarify the 90 day thing as I understand it as well. My latest info is one year old so verify with interwencjaprawna.pl and the Immigration Secretary on Dluga 5 in Warsaw that it's the same. I am surprised Immigration told you you would be fine with proof of travel to Berlin as that isn't out of the Schengen area. Americans get 90 days out of 180 on just a tourist stamp in the entire Schengen. So if you stayed 90 days in Poland and went to Germany you'd be overstaying in Schengen and could be deported if anyone cared to make a thing out of it. Technically you have overstayed in Schengen for nearly 9 months at this point based on what you have told us. The special treaty based issue is for Americans only and regarding Poland only and it requires you exit the Schengen zone...fly to UK on a cheap flight for example and come back the next day to get another 90 days IN POLAND ONLY....it has to be a direct flight out of Schengen or direct border crossing from Poland (ie Ukraine) as if you encounter Immigration in any Schengen country you are at risk for being deported....so no stops in Germany or France on the way to London etc. Technically you can live in Poland this way indefinitely as a tourist but can't legally work etc.
I also can't see how you will have a legal basis to apply for a Karta Pobytu at this point as you have been illegal for 9 months. In order to apply and be approved you have to be legal and have a valid legal reason (registered student, work permit, married to a local etc). Again the rules seems inconsistent and some people get in trouble for following exactly what they are told and others get away with murder for decades.
Best case is nobody cares and you head out fine...worst is a 10 year exclusion from Schengen which means no Europe for the most part for a long time. It's worth the effort to verify everything and even pay a lawyer if you have to in order to sort things. There have been amnesties before and people seem to have quite varied experiences individually. So don't just tuck your head and run for it....get stuff in writing and talk to all those people I mentioned.
