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Non-EU country citizen on tourist visa - could anyone help me with Karta Pobytu?


hapstad - | 13
23 Jun 2014 #31
I can't speak as to the Malaysian specific issues or the UK stamp ( I know Americans can stay in the UK 60 days visa free as tourists but that is specific to the UK...otherwise we have to follow the 90 days out of 180 in Schengen) but as long as you apply at least 45 days before your Karta Pobytu expires you should be ok as I understand it regardless of how long they take to process it. When I have done it it always took them longer than the stated time (once it took nearly half a year with some additional documents needed) to issue a decision and they allowed me to stay pending the decision. In the old days I got an actual temporary "Wisa" in my passport but they stopped doing that they said, and after that the submission documents stating my decision was pending sufficed. But I would verify it with the Immigration office and not just trust what you are told here.

Immigration Office:

mazowieckie.pl/en/departments/department-of-foreigne/24,dok.html

Border Guards:

strazgraniczna.pl/wps/portal/tresc?WCM_GLOBAL_CONTEXT=en/serwis-sg/przekaz_wiadomosc/dane_teleadresowe_wybranej_jednostki_organiazacyjenej/
melanie24
23 Jun 2014 #32
Merged: Karta Pobytu under renewal but I have decision letter. Can I leave Poland with just this letter?

Hi, I am planning to travel to Spain this Thursday, however my karta pobytu is still in the process of renewal but I have received the decision letter. My passport is valid to enter Spain WITHOUT a visa. So, is it possible for me to leave Poland with only the Decyzja letter ? Can I just show that at the airport during the check-in instead of my Karta Pobytu ?

Would really appreciate responds, thank you ! :)
hapstad - | 13
23 Jun 2014 #33
Where are you from and how long have you been in the Schengen area?
melanie24
23 Jun 2014 #34
Hi, I am from Singapore and have been staying in poland for nearly 2 years now. Does this have an effect ?
hapstad - | 13
23 Jun 2014 #35
I was only asking about how long you have been there to see if you are legal in the rest of Schengen. I don't know what the Schengen law is for people from Singapore though. Do you know how long you are allowed to be in Schengen normally? You have to remember Schengen Europe is treated as one country for immigration issues so if you are overstayed in one Schengen nation you are overstayed in all (with some specific special exceptions).

Have you been living in Poland legally for those 2 years...meaning you had a Karta Pobytu or visa then? If you are legit in Poland then you should be legit to visit Spain. And having a positive decision letter along with your most recent Karta Pobytu should be enough...though I would get the decision letter translated into English and/or Spanish because they probably won't be bothered to check out a letter in Polish. Basically you are legal in Poland and therefore Schengen with a positive decision...it could just be a hassle to explain on the chance someone questioned it...and if you were not legit the last 2 years it could make it even more complicated even though in the end you should still be ok as you are NOW legal.
melanie24
23 Jun 2014 #36
Yes, I have been living legally in Poland for the past two years. The first year with a visa, and second year with a Karta Pobytu. I sent in my documents for renewal of my karta pobytu for my stay next year. But the problem is it will only be ready next week. For Singapore citizens, I do not need a visa to travel in Schengen Countries (90 days period). My only concern now is, will I be able to exit Poland with only my Decyzja letter ? Because normally during check-in they would ask for your Karta Pobytu, correct ? And entry into Schengen countries, having a passport is enough if you're under the visa-waiver program right ?
hapstad - | 13
23 Jun 2014 #37
Yeah it sounds like it's the same for you as for Americans....90 days in Schengen out of 180 with just a tourist stamp...so if you had been in Poland on just a stamp for 90 days or more then you would not legally be able to go to Spain and would be overstayed in Schengen. But since you are legal to reside in Poland you are legal to move about in Schengen and that restriction doesn't apply.

I would call the Border Guards and Immigration to make sure but having your passport, old Karta Pobytu and the decision letter saying the new one is approved but just not ready yet should be fine...you are legal it's just a processing thing. Again I'd get it translated to English at least and Spanish if you can easily, in case anyone in Spain asks about it. They may not care but if they do it could save you a hassle if they can read it.
melanie24
23 Jun 2014 #38
Thank you so much for the replies ! :) If you don't mind me asking, do I need to formally translate it, or just prepare a translated version of the Decyzja ? Im afraid I'm running out of time, since my flight is the early morning of Thursday
hapstad - | 13
23 Jun 2014 #39
If it were me I'd get it formally translated to avoid any issues and you can easily get than done in a day or two for something like 60zl per page if I recall correctly. If you live in Warsaw I can recommend a place. But it's whatever makes you comfortable and the chance of you needing it translated at all is slim...I just don't trust much of anything and tend to cover all bases when I can. You have a legitimate document...the only problem you could possibly have with it is some Spanish authority not wanting to bother making things easy as it is in Polish...lots of people use any excuse not to work with you on something. Worst case is it could just take longer to get them to recognize and understand it in the rare event someone made an issue out of it.
melanie24
23 Jun 2014 #40
You do have a point, do you know where I can get it formally translated ?
hapstad - | 13
23 Jun 2014 #41
What city are you in?

I have used this place often and they are quick, but I haven't used any others so can't say how they are compared to the rest. They are near the intersection of Sienna and Zelazna....not far from Rondo ONZ.

Anna PHU
Sienna 87
Warsaw, Poland
+48 22 620 78 14
phuanna.com.pl‎

If that won't work or isn't close just google the city you are in plus "tlumaczenia" and look at Google Maps....they are everywhere in Warsaw at least
melanie24
23 Jun 2014 #42
and yes I live in Warsaw

Thank you so much !! I was panicking at first on whether I had to cancel my Spain trip ! Will definitely look into all possibilities you have pointed out ! Hope you have a good day ! :)
hapstad - | 13
23 Jun 2014 #43
No problem. Nothing is ever easy when it comes to governments and immigration stuff...anywhere. Please call the Border Guards at least to make sure everything I said will work. I'd feel terrible if you needed some additional document and had a problem...though I don't think you should. Enjoy Spain.
mafketis 23 | 8,382
23 Jun 2014 #44
I was in that situation once and had no problem entering Poland with a letter saying that my case hadn't been decided yet (it did give a date for the deadline in giving the decision). I don't think Spain would care about it either way though gettng the letter translated into Spanish (and/or English) by a sworn translator might make you feel safer.

If you have a currently valid karta pobytu that should work as well (every single time they look weird at my American passport the karta pobyta has worked to expidite matters in Greece, Bulgaria, Portugal and Turkey as well as in Gibraltar (going back into Spain).
melanie24
23 Jun 2014 #45
Thank you ! Sent my letter today for translation and going to get it tomorrow, hope all will be fine. Bless both of you for helping ! :)
jbells
24 Jun 2014 #46
Thanks hapstad. I've tried emailing the offices, but no one seems to be replying my emails. How frustrating. But thank you!
hapstad - | 13
24 Jun 2014 #47
Sorry I linked those for the phone numbers...calling is the best bet. Actually going there and asking in person is the best bet...but calling would be better than email in my experience. Also make sure you have someone who speaks Polish to call or go with you if your Polish isn't good.
JorgeASY - | 1
7 Oct 2014 #48
Merged: Karta pobytu renewal - what are the steps?

Hi everyone!
I have a query: does anyone know what are the steps to renew my karta pobytu?, it expires on the 1st week of january,
According what I know I just have to prove that I'm still working here (I'm about to get a new long-term contract in a Polish company), but I dont know how, when and where to find accurate info, and internet it's not been helpful at all :P I've tried to get some contact by email with the foreigners office from my voivodeship since few weeks ago, but I haven't received any answer.

thanks!! :)
mafketis 23 | 8,382
13 Oct 2014 #49
As far as I know, as a general rule if you want a new (temporary) residence card you apply all over again (that is basically it's as if you were starting from scratch so do everything again and hand it in 2 months before your old card expires).

If you talk about 'renewing' or 'extending' your card you tend to get a blank stare, you need a card and you need to apply (permanent residence is different as approval of a new card is automatic).

There have been some legal changes though, see here:

In the Act extended from 2 to 3 years the maximum period for which foreigners may be granted a temporary residence permit. The application for a temporary residence permit the foreigner will be able to submit during his legal residence, at your own time. Now anyone who wants to extend their stay in the territory of our country has to apply with such a request at least 45 days before the end of validity of the visa or the current authorization for stay. Also proposed new solutions for foreigners studying at Polish universities. The first temporary residence permit for foreigners students will be granted for a period of 15 months (ie, 1 year and 3 months). In a situation where a foreigner will stay in Poland for less than one year, the permit will be granted for the duration of the academic year or study, and an additional three months.

samorzad.infor.pl/sektor/zadania/bezpieczenstwo/676385,Zezwolnienie-na-pobyt-czasowy-zmiany-od-1-maja-2014-r.html

the biggest change seems to be extending the validity of cards from a maximum of 2 to 3 years (and consolidating cards needed for study/work).
Corel - | 5
22 Dec 2014 #50
Hello!

I am having a similar issue.. and would highly appreciate your help!

Can someone confirm that a person can enter Poland with a valid decision letter and already expired karta pobytu?
Can a person stay in another Schengen country with a valid decision letter and an expired karta pobytu?
pigsy 7 | 305
22 Dec 2014 #51
Can someone confirm that a person can enter Poland with a valid decision letter and already expired karta pobytu?

Enter yes from a eu countries and all depends what is your passport issued from.

Can a person stay in another Schengen country with a valid decision letter and an expired karta pobytu?

Again what country the passport is issued from and the basis cant be expired karta.

Can someone confirm that a person can enter Poland with a valid decision letter and already expired karta pobytu?

Sorry didnt read properly I cant tell you anything as I didnt understand the valid decision letter part.
Corel - | 5
22 Dec 2014 #52
Sorry for not clarifying that.

The passport is Russian, which doesn't allow to travel anywhere in the EU without visa/residence permit.
The decision letter is Decyzja where it is stated the new resident card validity dates. The new card is not ready yet. The current one is expired.

valid decision letter part.

It says the dates of the new residence card which is not ready yet.
Harry
22 Dec 2014 #53
The decision letter is Decyzja where it is stated the new resident card validity dates. The new card is not ready yet. The current one is expired.

I had that exact problem myself. I solved it by writing a letter (in the foreigners office so I could submit it immediately) asking for the card to be issued faster, on the basis that I needed to go back to the UK to visit my mother and had plane tickets booked.

The passport is Russian, which doesn't allow to travel anywhere in the EU without visa/residence permit.

Technically, you have a valid residency permit; you just don't have it yourself. However, I'm not sure how confident I'd feel about explaining that to, for example, French police.

Can someone confirm that a person can enter Poland with a valid decision letter and already expired karta pobytu?

You can do that; however, you might find it a problem to convince staff at an airport who do not speak Polish or understand the Polish visa system that they should let you get on a plane to Poland. That is the bit which would worry me, not the getting into Poland bit.
Corel - | 5
22 Dec 2014 #54
Thanks for the answer Harry!

I solved it by writing a letter

Too bad I have already left Poland.

The main problem at the moment that I thought that the decision letter allows to travel within Schengen. Seems like it does not. So right now I am in another Schengen country with an expired Polish karta pobytu, the valid decision letter and the fear of what can happen.

My friend just called the border guards service. They say that the decision letter is not enough to enter Poland...
Harry
22 Dec 2014 #55
My friend just called the border guards service. They say that the decision letter is not enough to enter Poland...

I was specifically and clearly told by the staff at the foreigners office in Warsaw that a decision letter is sufficient proof that one has the right to legally be in Poland.

So right now I am in another Schengen country with an expired Polish karta pobytu, the valid decision letter and the fear of what can happen.

I really can't see it being a problem if you come back by road or by train (or boat even).
Corel - | 5
22 Dec 2014 #56
by road or by train (or boat even)

I am actually on an island and pretty far away from Poland. As I know they do check visas on boats since there is illegal immigration from Africa. And there are random checks on roads and rail as well now. There is still a slight possibility it can be avoided, but might happen that I can get in worse troubles travelling around there. Do you really think that they do not check boats?

decision letter is sufficient proof that one has the right to legally be in Poland

Be, but unfortunately not to enter Poland... Checked out several times.
Harry
22 Dec 2014 #57
Do you really think that they do not check boats?

Ferries from other Schengen countries legally must be free from systematic checks.

unfortunately not to enter Poland... Checked out several times.

Either the law about that has changed recently and there is no trace of it (which is unlikely) or your information is wrong.
Allow me to quote the website of the Polish Office for Foreigners:

In case you have acquired a decision permitting residence for a specified period of time you shall obtain an entry visa allowing you to enter the territory of Poland in connection with obtaining a residence permit for a specified period of time.
...
Foreigner is obliged to claim his residence card personally, and in case of a juvenile under 13 years of age - his legal representative or legal guardian claims card.

udsc.gov.pl/Residence,permit,for,a,specified,period,of,time,271.html
Corel - | 5
22 Dec 2014 #58
you shall obtain an entry visa allowing you to enter the territory of Poland in connection with obtaining a residence permit for a specified period of time

Probably I haven't explained it properly. This quote says that a person needs to obtain visa to enter Poland, so s/he can take the card. So the decision does not allow to enter Poland, but to acquire visa in the country of permanent residence.
Harry
23 Dec 2014 #59
This quote says that a person needs to obtain visa to enter Poland, so s/he can take the card.

The full quote doesn't say that; the version which you have edited appears to say that.

So the decision does not allow to enter Poland, but to acquire visa in the country of permanent residence.

That is not what the Ministry's website says and is not what staff at the foreigners office in Warsaw say either. But if you want to waste your time going to the Polish consulate where-ever you are in order to apply for a visa which you already have, be my guest.
Razi - | 6
28 Jan 2015 #60
Merged: Immigration. I came to Poland few months ago on Visitor Visa. Any possibility now to apply for Karta pobytu?

I am from Asia i came in Poland few months ago on Visit Visa after i was not able to keep my legal status is there any possibility now to apply for Karta pobytu ,if some body advice me how can do if is possible ,,,Thank you!!


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