She basically has no entry stamp at all. We were teaching in Slovakia last term (which she had a visa for). And then got a train here to Poland (via Czech) where no one checked her passport. So, she has her Visa and expiry in her passport and a train ticket (from nearly 3 months ago) detailing the trip here.
When her visa expired, she automatically got granted the 90 day tourist visa in the Schengen zone. So - now we know that it was nearly 3 months ago - can you confirm exactly when her visa expired? She absolutely must be under 90 days.
Her work permit is something like 2 months old, our tenancy agreement is 2 1/3 months old and she eventualy got a contract which is about 2 months old as well. So, it looks like, from documents that we could have got here three months ago as of the 1st Jan, although in reality it was 3 months ago on Friday exactly.
The relevant date is 90 days after her visa expired. Doesn't matter about the rest of the documents, the only date that matters is the date in the passport.
If - and this is a big if - she's under 90 days, then she needs to go and apply for a residence permit NOW. Not tomorrow, not next week - now. The Foreigners office can issue an extension to the tourist visa if the paperwork is being processed.
I think i need a lawyer :( Which on a teachers wage isnt exactly ideal but have to do whatever i can
If she's under 90 days, apply for the residence permit.
If she's over 90 days, you're out of luck. No lawyer can help you, unless you pay a huge amount of cash to someone who is well connected enough to help.
quickest advice is to go to norway or switzerland for a week end then return without panic and go to the "oh so lovely" Polish visa office and see if you can get her a work permit.
Won't work - Norway and Switzerland are both in Schengen. Going to a non-Schengen country for a few days can buy some extra time, however - but only if she's under 90 days.
Plus leaving for two days has zero legal effect these days.
Well, it will give her 2 extra days in Schengen ;)