The BEST Guide to POLAND
Unanswered  |  Archives 
 
 
User: Guest

Home / Law  % width posts: 13

'Two years of continuously stay in Poland prior application' - Interpretation of clause in Permanent Residence


chukaz0306 1 | 5
25 May 2015 #1
Hi everyone.. Have a question which has been bothering me. I've been married to my Polish wife for almost 5years now. I have been staying legally in Poland all these years. I have plans to apply for permanent residence permit but there is a clause in the permanent residence requirement that i dont fully understand. It says "immediately prior to the application must be resided continuously in Poland for a period of 2yrs on the basis of residence permit granted in connection with being married to a Polish citizen"

My problem is about 1yr ago, when i renewed my temporary residence permit, the procedure took longer than normal so my previous residence permit expired and i stayed(legally) based on the stamp in my passport. My question is.. does the fact that i stayed legally for few weeks on basis on stamp on my passport affect my eligibility or must it be only on basis of 2yrs residence permit?

I'll appreciate any and every opinion/advice on this matter. thanks.
Looker - | 1,023
26 May 2015 #2
I'm not a lawyer, but for me the fact that you was in Poland, waiting for the renewal of your residence permit, with the stamp you've got - which made this waiting period legal, it all should be considered as an uninterrupted stay.
nope 2 | 44
26 May 2015 #3
does the fact that i stayed legally for few weeks on basis on stamp on my passport affect my eligibility

Nope! I had exactly the same situation and didn't change anything in the process of getting the permanent permit.
Polsyr 6 | 769
26 May 2015 #4
How long was the gap between the expiry of the old permit and issuance of a new one?
OP chukaz0306 1 | 5
26 May 2015 #5
the gap was about 6 weeks.

Was your permanent residence application in Warsaw? I did call the Urzad in my city to ask about this and they told me it has to be legal stay based on 2yrs residence permit, but when i called Warsaw i was told being on stamp should not be a problem for me to make the application.
Polsyr 6 | 769
27 May 2015 #6
You should not have a problem with interruption of only 6 weeks, regardless of how or why, with stamp or without stamp etc. They answered you correctly in Warsaw. Which city did you apply in?
OP chukaz0306 1 | 5
27 May 2015 #7
You had exactly same situation? Which city did you apply in and was it recently? I apply in Rzeszow. I went to their office today and they said it has to be 2yrs stay on temporary residence permit. So i need to show them proof they their interpretation of the law is different from other cities(urzad).

thanks
Polsyr 6 | 769
27 May 2015 #8
Here is a link that you can look at. Many more official sites state the same thing.

mazowieckie.pl/en/for-foreigners-1/residence/permanent-residence-pe/522,What-do-I-need-to-know.html

Quote from the above site: "Your stay on Polish territory is considered uninterrupted if none of the breaks in it were longer than 6 months and all the breaks do not exceed a total of 10 months in the periods constituting a basis for granting a permanent residence permit".

So even if you didn't have a stamp and even if you were not even in Poland for this 6 weeks it does not change anything.

Here is a link to the same information in Polish:

mazowieckie.pl/pl/dla-klienta/cudzoziemcy/jak-zalatwic-sprawe/pobyt/zezwolenie-na-pobyt-st/14927,Co-warto-wiedziec.html
OP chukaz0306 1 | 5
31 May 2015 #9
thanks for the link... I appreciate.
juny - | 3
2 Sep 2015 #10
Hi guys I have similar situation, with my Karta pobytu

I am a non EU citizen married for 8 years with my polish wife, Living together with our little boy in Poland, based on my first temporary residency card granted for 2years, and I will have to renew it in the next 2 months before it expire.

Read that to apply for the a permanent stay permit needs 2 requirements.
First needs to be married to polish citizen for over 3 years, and the second is to been residing in Poland for at least 2 years.

I will only be completed 2 years of residency in Poland when my current cards expires in 2 months' time.

I wonder if I could to apply to a permanent stay permitt without having to renew my temporary stay?

More likely that I will have to submit and pay for 2-applications first temporary stay and then few days after when completing 2 years of residency I will apply again for a permanent stay permit, and unfortunately having to pay 2 fees which I think would make total of +- 1000zł including cards, at the moment I am not in a very good financial situation.

I will appreciate any advice.
Thanks.
Polsyr 6 | 769
2 Sep 2015 #11
I wonder if I could to apply to a permanent stay permitt without having to renew my temporary stay?

Yes, you can. Call the office and schedule the appointment for application on the very last day of validity of your 2 year residence card, because on that day you will have fulfilled the 2 year stay condition.
Tidy
3 Sep 2015 #12
Hello,

"Your stay on Polish territory is considered uninterrupted if none of the breaks in it were longer than 6 months and all the breaks do not exceed a total of 10 months in the periods constituting a basis for granting a permanent residence permit".

According to this sentence what does ot mean uninterrupped... My second year temporary residence has been completed. Can I live in other EU country one year now If I wanna get permament residence next year... This uninterrupted should be two years (10 months in total) right? Or in three years?
Polsyr 6 | 769
3 Sep 2015 #13
@Tidy, I was answering a specific case. I don't know your case.


Home / Law / 'Two years of continuously stay in Poland prior application' - Interpretation of clause in Permanent Residence
BoldItalic [quote]
 
To post as Guest, enter a temporary username or login and post as a member.