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US citizen staying beyond 90 days in Poland


11madmic 1 | -
13 Nov 2012 #1
i have visited europe and poland for a total of 61 days and am going back to poland in a few weeks and was in the process of getting a national visa but the time i get my official invitation for that visa, i will be in europe and i wanted to stay there for a total of 10 months. then start studying at a university there. i was a little upset about coming back to the us to get my visa and i was even more upset thinking if i get denyed my visa which i thought id have to wait about 2 months till i could return to start my new 90 days in 180 day period. BUT then my friend in poland who is sponsoring me contacted the voidavoidaship office and they told her that i shouldnt worry and come to poland and when my 90 days is close just go to ukraine for a day and come back. this seemed not true to me and then i researched and researched HOURS until i found the clause: in April 4, 1991 the US made a bi-lateral agreement saying that US citizens can be in poland for a 90 day period and may return to poland for 90 more days after leaving poland and can do this as many times over. this is not a law but a diplomatic declaration. not only did that office advise me to do this, the us embassy in warsaw said the same thing, another immigration officer said the same, and a friend of hers did this as well and was also advised to do this instead of wasting time on a visa. the 90/180 day visa waiver rules say differently but this is a special agreement between US and Poland regardless of the other countries in the Schengen agreement. im just little shocked at the news. and how every official place to get advice has advised this way. but it shocks me how many people say this is false with the only arguement being the Schengen regulations without citing the 1991 bi-lateral agreement.

According to the Consul, "the rule of 90 days within 180 days does not apply to US citizens in Poland." He personally verified that the Polish border guards are aware of this extra permission for US citizens.

He explained that there's no official documentation as law because it was created "as a declaration by the Polish government in the form of a diplomatic note authored on 4 April 1991 from the Polish government to the US government."

any comments?
MoOli 9 | 484
13 Nov 2012 #2
Exactly what I heard also,I personally know some canadians and americans go to ukraine(no visa required) and come back after 24 hours,but an american I know had a cheap ticket with transit in germany was fined 400 or 500 euros(i forget) and told not to comeback in 180 days and also pay the fine,then again her immigration was not in Poland but germany.Maybe one should fly directly to Poland and not via transit which is cheaper of course.

Related: Does EU (Poland) deport or fine Americans for overstay or for violating immigration laws?

I was wondering what does Poland do for Americans who violate immigration laws?I have known some people who got fined and didnt have 450 euros to pay told pay fine and then come back or else will not be allowed to renter.She did not pay and does not intend to comeback,and her passport was not stamped as deported.I wonder what is going on.Just an curiosity as i became a polish citizen and as that when going to the states I was asked in copenhagen for my overstay visits there,when showing them my polish passport and id card I was let go with a smirk:)

Usual punishment is a year's ban from Schengen for the first offense. No fines, normally.

and her passport was not stamped as deported

It doesn't have to be - the data is contained in the Schengen database.


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