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Leaving the country during Polish Karta Pobytu application


Azizocrates 1 | 1
20 Sep 2015 #1
Hello everyone.
I'm a non-EU, graduate of Polish Medical University couple of months ago.

I have a rather complicated situation and I need a legal advice on how to leave the country in the middle of this whole complicated situation.

I finished my medical studies in Wroclaw. And after than I applied for internship in Wroclaw.

My national visa expired by the end of July, 2015 .. Before that I applied for a Karta Pobytu and everything was fine.

My application for internship was oh-hold until I pass the language exam in December.

Now; my stay in Poland is completely legal, and I have no business stating in, but I have to because I have to wait for the Decision and to collect my KP, which in turn is taking too long, and the inspector told me that it'll take further 6 weeks more.

I have to return home; because I have no business staying in Poland until December.

What are my possibilities to cross the border and head home?
Can I cross the border with no problems since my stay in Poland is totally legal? Or am I only legal in, not near the border?

Can I accelerate the application of Karta Pobytu somehow?
Can I apply for Polish visa from Polish Embassy in Berlin whole sending my passport and application via DHL?

What are my options? Could anybody help me please!

Thank you in advance!
delphiandomine 83 | 17,883
20 Sep 2015 #2
Can I cross the border with no problems since my stay in Poland is totally legal? Or am I only legal in, not near the border?

You can cross, but only to a non-Schengen country. If you want to go to a Schengen country, you'll need to apply for a visa. If you're headed to a non-EU country, then you can always fly and simply stay airside during transit.

Can I accelerate the application of Karta Pobytu somehow?

No.

Can I apply for Polish visa from Polish Embassy in Berlin whole sending my passport and application via DHL?

Yes. You are legal in Poland while waiting for the decision, although if you want to re-enter Poland, you'll be obliged to apply for a visa. There is the other possibility of getting someone to pick up your Karta Pobytu and sending it directly to you.
OP Azizocrates 1 | 1
20 Sep 2015 #3
Thank you sir.
I highly appreciate the answer and the effort put into it.

Is there any act or source to make sure that I can cross the border without any trouble so I can argue with stra┼╝ graniczne if they say I'm not allowed.

My booking is non-refundable.

I have spoken to my inspector after I got the stamp on my passport that I applied for Karta Pobytu and asked if I can cross and she replied in what I understood is "you're legal to stay, and you have to wait in Poland unti the decision".

So, my concern is; I'm afraid I'll book and then in Warsaw airport they'll send me back to Wroclaw.

Thank you in advance!
DominicB - | 2,701
20 Sep 2015 #4
If your inspector told you that you have to wait in Poland until you get your karta, then I would do exactly what they say, rather than try to mess around. Regardless of what anyone else might say.
delphiandomine 83 | 17,883
20 Sep 2015 #5
There is no requirement under Polish law to have an exit visa, although it would be wise to make sure that you've got the stamp in your passport to confirm that you're legally resident until the decision is made. The Urzad Wojewodzki can do that for you if you don't have one already.

what I understood is "you're legal to stay, and you have to wait in Poland unti the decision".

No, you don't have to wait until the decision is made, but you cannot cross to another Schengen country (except possibly by air, and remaining in transit - but that depends on the airport).

If your inspector told you that you have to wait in Poland until you get your karta, then I would do exactly what they say, rather than try to mess around.

It doesn't work like that. What they mean is that you won't be allowed to re-enter Poland with the stamp in the passport, nor can you re-enter with the letter saying that the decision is being made. You need a Polish visa for that.

Think about it - it would be insane if someone couldn't leave.
Ammar abed - | 1
20 Feb 2017 #6
Merged:

Leaving Poland before karta pobytu decision



I am from iraq
Married to a polish woman
I applied for temporary residence card 2 months ago in warsaw got a stamp on my passport that legalize my stay in poland until now got no response from the foreigners office ,

Now i have to go back to my country for most important things before the decision of my residence
Then apply for new schengen visa in my country and back to poland ( may take 3-4 months )
I would ask what will happened to my application ? They will close it ? They will punish me for that ?
They will not issue a residence card for me anymore ?
Please i am confused and dont know what to do
Olaf 6 | 956
11 May 2017 #7
After two months you should get your decision, but nowadays there are delays so the decision should arrive any day - or if the district office sent you a letter it might be longer. Anyway the district office would give a date of decision in the prolongation letter.

Have you revieved any letter from them? There should be your case number and contact details to the case officer. Contact them and ask if all paperwork is good or do they need anything, before you leave. Then try to provide all that they require (or empower someone to do so when you're gone), and you can leave Poland. The decision will be waiting and only after it's picked up by you or a person with power of attorney, the residence card will be ordered. And you can pick it up anytime.
Arunb - | 2
6 Jan 2019 #8
What happen to my TRC , if company terminate me , suppose my dissission date is 04/02/2019 , and i leave the company after discission date ?


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