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Karta Pobytu - how long can i stay temporarly out of Poland?


johnfisher 4 | 22
12 Feb 2011 #1
Dear All,

i am new to the forum, i hope you are all doing well.

I married my Polish fiancee last Sep 2010, and received afterward my 1st Karta Pobytu for One year; i am from Syria. Now, we rented a residence in Warszaw, and we started living from December 2010, the date i got the residency card. But recently, i got a temporary job offer out of Poland and EU (in Dubai), and i must be away from Poland for certain period of time; i actually left already to start working for the job in Dubai.

My question is: will my One Year Residency card expire if i stay away for more than 3 months one shot ? or it remains active for one year-allowing me regular access to Poland?
ShortHairThug - | 1,101
12 Feb 2011 #2
My question is: will my One Year Residency card expire if i stay away for more than 3 months one shot ? or it remains active for one year-allowing me regular access to Poland?

It remains active for one year. There’s no regulation as to how long you can be out of the country or the number of times you were out during that time.
OP johnfisher 4 | 22
12 Feb 2011 #3
Thanks SHT.

But will it affect later my application for permanent residency? or after one year i will simply renew my one year to another one year?
scottie1113 7 | 898
12 Feb 2011 #4
Simply renew, but remember that you have to apply for a new one at least 45 days before your current card expires. Permanent residency can take 5 years or more to get.
OP johnfisher 4 | 22
12 Feb 2011 #5
Thanks Scottie1113. But will my current (and potential future) absence affect my application later for permanent residency? won t they consider later the nb of months that i stayed out and/or in?
poland_
12 Feb 2011 #6
The main question is are you a consultant or employed by a Dubai company?
delphiandomine 88 | 18,177
13 Feb 2011 #7
Thanks Scottie1113. But will my current (and potential future) absence affect my application later for permanent residency? won t they consider later the nb of months that i stayed out and/or in?

They may. There's absolutely no guarantee of how they might interpret such absences from Poland - and as I recall, one of the criteria for permanent residency is that you have to show work history in Poland. Obviously, the Karta Pobytu cannot be refused to a family member of an EEA citizen - but you certainly might find that they deny an application for permanent residency based on your absence.
OP johnfisher 4 | 22
13 Feb 2011 #8
Hi. I am consultant for specific period of time, but still i have to be absent temporarly. Luck i am that i have family member from EEA-as Delphian wrote, though still this might affect the permanent residency later.

I read somewhere that when applying for the permanent residency, i need to prove: 3 years marriage, and 2 years stayed in Poland (2 years means not continuous stay, but allowed to b out for cumulus of 10months, and 6 months one shot,no more, within 2 years).

More feeds please if u have guys/girls.Thanks.
al111 13 | 89
13 Feb 2011 #9
Simple Matey, my understanding is this, U'll be eligible for permanent residency in Sept of 2013. Within the 2 years of uninterrupted stay you're only allowed a total of 10months stay out of the Country. But let me tell you the interpretation of this differs in all Woiwodships if you got married here they might consider the whole 3years. If you stayed longer than the allowed time then they will deny you permanent residency....
OP johnfisher 4 | 22
13 Feb 2011 #10
Hi al111; i got married actually sep 2010 in Warszaw, and i am registered there. So how it might be in this Woiwodship? i read that within a 3 years marriage,2 years must be spent (10 months max out, 6 months maximum one shot). I hope that this apply to Warsaw too, as i feel it will be difficult to make ot for the all 3 years (As i l b bit away for the first year).
ShortHairThug - | 1,101
13 Feb 2011 #11
I guess what you are asking for is what constitutes as continues stay in Poland if or when you apply for your permanent residency:

Continues stay is: When none of the times that you were out of the country was longer than 6 months at a stretch and all of those times combined have not exceeded 10 month total with few notable exceptions:

• A leave was work related as part of the agreement with employer who is located in Poland or as a spouse of such person.
• A leave was due to the necessity of obtaining necessary documents for travel in applicant’s country of origin.
• A leave was health related.

I guess the first exception would work in your favor as long as your employer would testify to that if you exceeded the 6 or 10 month rule or have it in writing clearly stating that the foreign assignment is part of your work related duties.
OP johnfisher 4 | 22
13 Feb 2011 #12
Thanks SHT. But -just to double check: the 10 months cumulus and the 6 months one shot are within a one year/12 months? or 2 years/24 months? i feel it is the 2nd case (means 10/24 and 6/24).
poland_
13 Feb 2011 #13
I read somewhere that when applying for the permanent residency, i need to prove: 3 years marriage, and 2 years stayed in Poland (2 years means not continuous stay, but allowed to b out for cumulus of 10months, and 6 months one shot,no more, within 2 years).

If you are a consultant and your business is in PL ( you pay tax in PL ) and your place of contract just happens to be in country x. Then in my opinion you are still resident in PL, no matter your place of work. But you would have to double check this.
ShortHairThug - | 1,101
13 Feb 2011 #14
i feel it is the 2nd case

I do too.

Good question though, consulting a lawyer would be prudent as it is a bit ambiguous. I assume it means 2 years/24 months as it states:

pozostaje w związku małżeńskim, zawartym z obywatelem polskim co najmniej 3 lata i bezpośrednio przed złożeniem wniosku przebywał nieprzerwanie na terytorium Rzeczypospolitej Polskiej co najmniej przez 2 lata na podstawie zezwolenia na zamieszkanie na czas oznaczony.

The applicant is currently married to the citizen of Poland for a period of at least 3 years prior to filing for the change of his status and during this time the applicant continually resided in Poland for at least 2 years pursuant to the authorization of temporary residence.
delphiandomine 88 | 18,177
13 Feb 2011 #15
If you are a consultant and your business is in PL ( you pay tax in PL ) and your place of contract just happens to be in country x. Then in my opinion you are still resident in PL, no matter your place of work. But you would have to double check this.

The problem is that as usual, the wording is vague enough to be interpreted in different ways. I've found that in Poland, it's best not to try and do esoteric things - with the new law punishing civil servants for making mistakes, they're going to be absolutely unwilling to take chances and will be more likely to reject things so they don't get it wrong.

In this case, I can't see them fussing about a couple of months away, but they might not be too happy with a prolonged absence. It's also worth pointing out that they will probably check tax records - and someone who isn't declaring income to the Polish authorities will set off alarm bells.
ShortHairThug - | 1,101
13 Feb 2011 #16
The problem is that as usual, the wording is vague enough to be interpreted in different ways

Bureaucrats are the same world over, similarly the law is vague everywhere otherwise there would be no need for the lawyers. I encountered similar problems as a foreigner living abroad every time I needed to take care of the paperwork. As soon as they realize you’re a foreigner no one wants to take any chances or even try to accommodate you as you’re not used to the system or don’t understand something, so for all your bi*ching about Polish system the same is true for Poles in your respective countries.
al111 13 | 89
14 Feb 2011 #17
So how it might be in this Woiwodship? i read that within a 3 years marriage,2 years must be spent (10 months max out, 6 months maximum one shot)

As you've already seen from other posts nothing is as clear as it sounds. Warsaw is a good place and a bad place as well there are a few offices and there you'll find all sorts of people. If for example you'd already been married for 3years before applying for pemanent residence it would have been much easier they would just look at your 2year uninterrupted stay in Poland.But because you got married here and are only going to be eligible after your 3years of marriage they might want to check the whole period. Ask your wife to go to your Woiwodship Office for Foreigners in Warsaw and ask for clarification. Good luck to you both...
OP johnfisher 4 | 22
14 Feb 2011 #18
Thanks for all of your feeds, inetresting debate.

I guess that the perspective is that i will do this mission abroad for a year, and -as mentionned earlier- the first year residency will not be canceled. Then, when i will renew 45 days before the deadline of 1 year, i will have to stick to the 10/24 / 6/24 rule during the next 2 years; by then-means in 3 years, i will have a file saying that i have been married for 3 years, and within these 2 i have spent 2 years in Poland with the limits of 10/24 and 624. The only thing to check is whether they will include in the calculation the 1st year, means if they will consider 3 years for calculation. I will check that matter with them.

Meanwhile, if someone in this forum has something more to add, or similar experience, pleae welcome and type it down.
f stop 25 | 2,507
14 Feb 2011 #19
Is your wife traveling with you? In US, there is also an 'investigation' as to the motivation and validity of the marriage. I don't know how Polish government deals with that, but it's something to consider if she's staying behind.
OP johnfisher 4 | 22
15 Feb 2011 #20
She is travelling with me.but what implication it can have?
delphiandomine 88 | 18,177
15 Feb 2011 #21
Meanwhile, if someone in this forum has something more to add, or similar experience, pleae welcome and type it down.

The real question is - are you going to declare the cash to the Polish tax office?

If you do, then they're not going to bother you. But if you don't - or declare a very small amount, then you might find that you have problems at the next renewal. While you have a right of residence, you might find that they'll query just what you've been doing - and use it against any permanent residence application.

Generally speaking in Poland, it's wise to avoid esoteric situations when dealing with this kind of thing.
al111 13 | 89
16 Feb 2011 #22
Generally speaking in Poland, it's wise to avoid esoteric situations when dealing with this kind of thing.

Delphy you're spot on, on this one mate. Make anything a bit obscure to their understanding and believe me they will make it difficult for you. To Johnfisher if you intend to make Poland Home genuinely, The Polish officials believe that you or your spouse should at least have a job here and pay taxes to the government if you decide to work abroad then you'll need to declare all your earnings to the Polish Tax Office.To them what is genuine is some who is going to at least get a job in Poland and Pay taxes thats their understanding.
OP johnfisher 4 | 22
19 Feb 2011 #23
Thanks a lot guys; i was absent for the last 4 days, and just loged in again and find 2 feeds. So i udnerstand more from these 2 new feeds that once the tax and money issue is cleared, no problems for the rest.

My main concern at the start of this discussion was to be sure that if my stay away will be more than 3 momths (during my current "residency for one year"), then my residency will not be lost. What ShortHairThug has mentionend in reply 2 that my residency will remain active made me relaxed. Is this information 100% true? i will try to check from my side and ask my wife, but i am afraid of creating suspission and push them to ask why i am out. I might be back in a month, but i might also extend. SO if there is a full year active residency card, then it is ok. As for the other issues raised, all are enlightening for me.

Just want to hear more feeds from u guys/girls ab the one full year activation guarantee...

Thanks.
delphiandomine 88 | 18,177
19 Feb 2011 #24
Just want to hear more feeds from u guys/girls ab the one full year activation guarantee...

It won't be revoked for staying away - you have a right of residence as the family member of an EEA/CH citizen, and that right cannot be revoked. But in respect to permanent residency, you might have a problem.
SaberInd
21 Sep 2015 #25
Merged: Regarding Polish Karta Pobytu

Hello Guies,

Me and my wife we are Indians and staying in Poland on valid Karta Pobytu. Its validity is till 2017. I would like to know, if my wife can go and stay in India for a period of 12 months (continuous stay)? Will her Karta Pobytu get cancelled?? Is there any rule in the Polish law which defines the maximum duration for which a foreigner (legally living on a valid Karta Pobytu in the territory of Poland) can stay out of Poland..?

Kindly reply..

BR
Polsyr 6 | 761
21 Sep 2015 #26
Karta Pobytu

Is it czasowy (temporary, valid up to 3 years or less from date of issue) or stały (permanent, valid for 10 years from date of issue)?

For czasowy, maximum stay outside cannot exceed 6 months in one go.
For stały, maximum stay outside cannot exceed 6 years in one go.
SaberInd
22 Sep 2015 #27
Thanks for your reply Polsyr!

Its "Pobyt Czasowy". Could you share me any link where this information is officially available?
I am asking this because recently I called and enquired at the Voivodeship office here and they said that there is no rule defined in the law about such case! And they said that the person with such resident card can stay out of Poland as long as they want but not more than validity of the card...

Please reply..
Polsyr 6 | 761
22 Sep 2015 #28
no rule defined in the law about such case!

They might be right - the 6 month rule might have been removed when the law was updated. Just to be 100% sure, check with border guard authority - for example passport control while leaving the country.
grspring 11 | 55
22 Mar 2018 #29
Merged:

Poland's Karta Pobytu - Pobyt Czasowy (temporary residence) - being outside of Poland for more than 6 months



I have a Karta Pobytu/Pobyt Czasowy, expiring in 2019. My wife (Polish citizen) and I had to go to the USA for her knee replacement surgery. What we thought would be less than six months has turned into seven months by the time we return.

Will my card be invalid for being away from Poland too long?
O WELL 1 | 156
22 Mar 2018 #30
Not if you can prove that you were out of the country for medical reasons.


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