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My permanent residence card is being cancelled due to divorcing within 2 years of receiving it


Siema 1 | 4
26 Mar 2015 #1
Hi guys..I got my permanent residence card in april 2013 based on marridge with polish citizen. My wife wanted to divorce by the end of 2013, put the case into the court, so we divorced in feb 2014. As you might already know there is new law about foreigners went into live in may 2014. İn this new act there is an article saying " if u get divorce within 2 years after getting the permanent residence card, the card can be canceled". I applied for polish citizenship to president, and now wojawoda wants to apply this new article for my case :) Any opinions ? anyone in same situation ?
DominicB - | 2,678
26 Mar 2015 #2
polish citizenship to president

Chances are remote to the extreme that it will be granted.

wojawoda wants to apply this new article for my case

It's his decision to make, in accordance with Polish law, of course. Your only chance is to convince him to decide otherwise, backed up by solid legal reasoning and evidence. And from what you described, there isn't any of either.

Basically, things are not looking good.
Kamaz
26 Mar 2015 #3
I wonder what would happen if a person were in similar circumstances, but their wife/husband died of natural causes or in a road accident? would Poland then seek to repeal their permanent residency?
OP Siema 1 | 4
26 Mar 2015 #4
The weird thing is ; the new rule went in live 1 year after I got the permanent residence card; 2 months after I got divorced and 1 month after I bought a flat in Poland. So my permanent card was given accoding to the old law. And in the old law there was nothing like you loose the card if you divorce within 2 years after getting the card.

If my card will be cancelled according to the new article then I believe it would be the violation of gained rights and this is against the universal principles of law.I have been working almost for 5 years in Poland and get a permanent contract with my current employee. I did not get the purpose of this new article either ; forcing people to contunie their fixed marridge 2 more years ? If marridge is fixed, people would continue it anyhow, no article can stop them.

Think of the people who are in this 2 years time period after obtaning the residence card and also having divorce cases still contunining in the court. They will do everything not to divorce, so it will rprolong the juristiction needlessly also.

And other thing this new code is called as foreigner friendly :D

Your only chance is to convince him to decide otherwise, backed up by solid legal reasoning and evidence. And from what you described, there isn't any of either.

What do you mean by solid legal reasoning and evidence ? The article itself is not clear even, because of what wojawoda can cancel the permanent residence card ? It just says '' the card can be cancelled if the foreigner divorces within 2 years after receiving the card ". No clarification, no explanation regarding what kind of investigation wojawoda should proceed before cancelling the card and because of what reason they can cancel, again no clarification. So for sthg which is not clear how can I provide legal evidences.
cms 9 | 1,272
26 Mar 2015 #5
If you have kids then that will be strongly in your favor.

Ditto if you speak Polish and can get some kind of letter of support from your HR dept that you are a valued employee and that you are passing on valuable skills to Polish staff etc.
OP Siema 1 | 4
26 Mar 2015 #6
Nope, I don't have kids. Yes, I do speak polish quite well. Even if they cancel the permanent card, they can not deport me out of Poland. They said in this case I will change the status and will need to apply for temporary residence card based on working in Poland. So getting such document from HR doesn't necessary I think. What is annoying is, why I have to change my status to temporary residence, İf I already completed all conditions to get a permanent residence and got the card. Especially after spending 300 hundred thousand for a flat. Anyone who could comment on this from legal point of view ?
wilhelm_wundt 1 | 15
1 Apr 2015 #7
So if someone got married, got a permanent residence card and stayed with that person for, let's say, 10 years and eventually got divorced after 10 years, would that person have to leave? Or is it only within the 2 year mark?
Polsyr 6 | 769
1 Apr 2015 #8
I strongly suggest you ask a lawyer since this may involve different interpretation of the law or maybe a particular article of the law (could be in the same or in another legal gazette) that determines whether the new law applies to cases where the divorce took place before the law went into effect.
OP Siema 1 | 4
2 Apr 2015 #9
So if someone got married, got a permanent residence card and stayed with that person for, let's say, 10 years and eventually got divorced after 10 years, would that person have to leave? Or is it only within the 2 year mark?

After 3 years marriage that person gets permanent residence card; after getting this card if he stays in marriage 2 more years he can apply for polish citizenship to wojewoda and for sure gets citizenship..So theoretically divorcing after 10 years has no effect after getting citizenship..If the person did not apply for citizenship after 5 years of marriage and gets divorce after 10 years marriage; then he has right to apply for permanent stay card because of staying in Poland during 10 years..
Shahid3040
20 Sep 2015 #10
I have schengen visa .i want to come poland for bussiness i want pr card .i am marketing manager in dubai.i have dubai work permit.nationatly pakistan.

Plz guide me .
emros
11 Jan 2017 #11
Hi Siema, I have similar case, did you manage to fix anything, any advice?
Maxoli
20 Feb 2017 #12
hello guys,

Is it true that the foreign person can lose his permanent resident card if he make divorce with his polish wife??any one knows about this situation??
Tosic 1 | 8
18 Nov 2017 #13
If one of the spouse does not want to divorce how long does it take? Can you please recommend me a divorce lawyer who does not take an astronomic amount of money for advice?
DominicB - | 2,678
19 Nov 2017 #14
@Tosic

Well, considering that you are soon moving to South Africa, you will not be able to fulfill the terms of the permanent residency requirement anyway. You would have to reside in Poland for at least two years on permanent residency status to get citizenship. Any divorce will be finalized before then, almost certainly in favor of your wife.

If your wife wants a divorce, any plans you had of gaining citizenship through marriage are over. Cut your losses, move on to South Africa, and start over again. There's little point in spending money on a lawyer, cheap or expensive.
Tosic 1 | 8
19 Nov 2017 #15
@DominicB
If only I could imagine like you.....

I repeat my question for the ones who does not understand me. I already resided more than 2 years based on PR its not related with residence card.Anyway

If one of the spouse does not want to divorce how long does it take?

Thank you.
DominicB - | 2,678
19 Nov 2017 #16
@Tosic

I just noticed that your other post was from more than two years ago. So you ended up not going to South Africa, and have been residing in Poland on PR since then?

As for the divorce, it can turn out that it is taken care of rather quickly, especially if the objecting party's objections are dismissed by the court. Or it can take a lot longer. How much longer? No one here can tell you. It all depends on the particularities of your case. Every one is different and only a good lawyer would be able to give you a real answer.

One word of warning, a Polish woman's word generally counts a lot more than that of a foreign man in Polish divorce court. You'll need a good lawyer, and good lawyers are never cheap. They usually cost an arm and a leg. This really isn't something you should be trying to skimp on.

I am assuming that it is her that wants the divorce, and you who are contesting it. Is that right?
Tosic 1 | 8
19 Nov 2017 #17
Noone wants to divorce definetely not me but I feel that my wife is cheating on me and Im worried.. She suddenly wants to go on a trip or excursion by herself or with someone and she spends more time away from me. But nowadays things suddenly changed. She refused my offer for a trip and she does not want to see my family anymore... Why the sudden change in behaviour of my wife? I do not know the reason but I would like to fix everything If I can. I will not be surprised if she tells me that she wants to divorce !
Tosic 1 | 8
25 Nov 2017 #18
The topic is not appropriate for my discuss.
MarkC 6 | 20
15 Dec 2017 #19
Quick question.

Does this apply to those who retrieve the permanent residence card on the basis of being an EU citizen? I, for example, am applying for my residence card this month as I have now spent my 5 year qualification period here. However, at the same divorce, I'm going through a divorce here in Poland.

Naturally, as I'm still married I have to put that on the application, although, should I need to change anything in the future and they were to get wind of the fact that my marital status has changed would they kick up a fuss? Now, technically the answer should be no it won't matter, but that's not to say that the bureaucracy of the Polish urząd will think otherwise and that common sense will not prevail.

Thanks in advance.


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