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Schengen and Temporary Residence Permit

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Old Jul 8th, 2015, 10:58 AM
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Schengen and Temporary Residence Permit

I have been living in Warsaw with my husband and daughter. We were originally here on type D visas which allowed me to work/study in the country. While in the country, we started the temporary residence process in Poland (following all of the application rules and due dates). In our passports, they put a stamp that indicated that our applications had been submitted. By various consultants and immigration officers, this stamp means that my family can continue living and working in the country. I can confirm this too, as I am regularly in contact with the office about my application, and they are well aware of my existence here (in fact, it is essential I keep working if I want my application to be successful). The problem is that our application has taken a long time due to extraordinarily high numbers of applicants. My husband and daughter needed to leave the country to visit family, and they were pulled aside at an airport outside of Poland (but in the Schengen region) because it appeared they had overstayed their visas. While I did have the foresight to have this stamp translated into English by a court-appointed translator in Poland... the officers said this may not be sufficient for them to return to Poland.

I am planning to go to the immigration office as soon as possible with typed letter that states that:
1.) The Polish government is currently reviewing our applications
2.) Due to this stamp, we are legally on an extension in this country until a final decision is made.
3.) Because this is part of the residency process and I am still legally able to work there, my family has used none of its Schengen time should be freely able to return to the country to get the results of their application.

I would like to have the Polish immigration office sign/date/stamp a Polish and English copy of this to send to my family so they return.

What I want to know is, does anyone know exact rules in the Visa/Schengen code which I could cite to make this more official?

Thanks so much!
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Old Jul 8th, 2015, 04:50 PM
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I fear that you are in the wrong place. This is something for which you need a local attorney to give you the best advice and help you negotiate with the authorities.

The usual tourists/travelers here can give opinions - but I'm not aware that any of us are experts on immigration to Poland.

(Of course, if there is - advise away!)
nytraveler is offline  
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