Staying In Poland Waiting For Karta Pobytu and Consequences

Most people are aware that visa waivers allow travelers to stay in Poland for up to 90 days without a visa. American citizens are exempt from the 180-day cumulative maximum stay limit. This means that an American citizen can enter Poland, exit to Germany, and return the next day with a hotel receipt to show that they are complying with visa waiver requirements. This exception is based on an agreement between Poland and the United States.

However, it's important to note that extended stays in Poland while waiting for a temporary residence permit can lead to complications in other Schengen countries. While Poland's extended stay regulations may not apply in other Schengen states, exceeding the 90-day allowance can result in penalties such as arrest, deportation, fines, or even a ban from entering the EU. Therefore, individuals awaiting a Polish residency permit should only travel directly between Poland and their country of origin, such as the United States.

The United Kingdom, unlike Poland, is not part of the Schengen Area. If an American citizen is waiting for a Polish residency permit and travels to the UK, they should be aware that UK immigration authorities may not recognize their extended stay in Poland and may impose penalties for overstaying their visa allowance. This is because the UK's immigration regulations are independent of the Schengen Area's rules.

In summary, while American citizens can benefit from extended stay exceptions in Poland, it's crucial to adhere to visa waiver guidelines in other Schengen countries and avoid exceeding the 90-day limit. If planning to travel to the UK while awaiting a Polish residency permit, it's advisable to check UK immigration requirements and plan accordingly to avoid potential legal issues.

Can anyone elaborate on this? Is this true?

@Maximus2023
This is incorrect. As long as you have proof you have filed for Temporary Residency, EU and Polish law allows for travel between Poland and your home country. Any other European or UK passport control unit will know this law. That said, if you are traveling outside of the two countries your residency application defines, there are no protections, and it is at the discretion of the transit country.

Despite not being part of the Schengen area, the UK can still scrutinize visitors who have spent more than 90 days in the EU, even if their stay was primarily in Poland. This poses a challenge for those seeking residency in Europe, as obtaining a residency permit typically takes longer than 90 days. One might assume that presenting evidence of an ongoing residency application would alleviate any concerns, as there's a clear distinction between a tourist overstay and a genuine residency seeker (marriage, work, training, etc.). However, the lack of distinction between Schengen and non-Schengen countries in this regard raises concerns about verification processes and the possibility of unfair treatment.

It would t be relevant to any visit to the U.K.

There's no difference if a visitor had spent time in Poland, Antarctica, their home country or on the moon.

You wouldn't be penalised by the U.K. for having been in the Schengen zone, nor would any days spent there count to any allowance you have in the U.K.


There's a useful calculator here.
home-affairs.ec.europa.eu/policies/schengen-borders-and-visa/border-crossing/short-stay-visa-calculator_en

@jon357
Ok That clarifies it quite a bit. It makes sense what you wrote. Why would the UK care where you came from as long as you are not violating any of its immigation entry/exit laws? So whether the person was in Poland or Chicago, USA and traveled there, especially just in transit (U.S. citizens do not need a transit visa) why would they care, you are jus there to go home anyway? It's NOT part of the Schegen zone to enforce Schengen rules. Does this sum it up?

Yes.


Yes. It's not an issue. The UK is flexible about transit, especially since there are 4 airports in London and people often fly into one and out of another,

Citizens of the US and a few other countries can enter the UK without a visa and can stay for 6 months. It doesn't matter where they've been previously or where they plan to go afterwards.

Any stays in Schengen are a matter for Schengen countries and the UK doesn't get involved.,

And no ESTA application if travelling from Poland back to the USA via the UK? By the end of 2024. Just found out. Ok Thanks so much.

ESTA is the visa waiver scheme for UK citizens visiting the US.

If you're a US citizen, you don't need a visa to enter the UK. Coming from the Schengen zone (including Poland) doesn't make any difference.

If you want to go landslide at the airport, you can use the e-gates with a US passport, however even if you go through the normal immigration queue they won't ask where you've been before.

Which airports are you planning to use?