A Canadian citizen overstayed Visa in Poland

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Jul 12, 10, 23:53 #1

I am a Canadian citizen, who has been studying in Poland for 4 years now. In the 4th year i overstayed my visa and i only applied for a residency card once in those 4 years. I voluntarily left (but was basically deported) to Canada at the end of my 4th year. I have one year of studies left but i can't go back in a year because i overstayed. I appealed the decision but to no avail (it was rejected). I've had a polish girlfriend since 1st year, and I was wondering if I were to marry her, would it make a difference? Is there any other options I have?

HarryThreads: 62 Posts: 8,508 Joined: May 2, 07 ♂ [Suspended]	Jul 12, 10, 23:59 #2
brownruffryder: I was wondering if I were to marry her, would it make a difference? Is there any other options I have? It would make no difference at all and you have no options at all other than staying out of Poland for a year. Sorry.

brownruffryderThreads: 3 Posts: 10 Joined: Jul 12, 10 ♂	Jul 13, 10, 00:09 #3
why would they reject the appeal, i was not overstaying in poland intentionally. there are no options at all?

SeanusThreads: 22 Posts: 30,158 Joined: Dec 25, 07 ♂	Jul 13, 10, 00:13 #4
A wife is no guarantee of citizenship. I have a Polish wife but haven't put in for citizenship yet. I think you need to have spent 6 years in Poland to be considered. I'm coming up for my 6th year so may be eligible. Why didn't you get it sorted before they deported you btw?

AmathystThreads: 30 Posts: 3,968 Joined: Nov 10, 06 ♀	Jul 13, 10, 00:13 #5
brownruffryder: why would they reject the appeal, i was not overstaying in poland intentionally. there are no options at all? Does a visa not have an expiry date? Does that date not usually tell you that your time is up? If you ignore the date on the visa you are intentionally overstaying. Marrying someone to get into a country is frowned upon by the way.

SeanusThreads: 22 Posts: 30,158 Joined: Dec 25, 07 ♂	Jul 13, 10, 00:16 #6
Not by Africans, Pakistanis and Indians, Am ;) ;) Brown, you have to wait til Canada merges with America and Mexico. Then your union will merge with the EU and all will be clear ;) ;)

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Edited by: brownruffryder Jul 13, 10, 00:47 #7

man i didn't intentionally stay, i had a 3 visitor's visa and i usually visit germany during that time period. when i cross the german border and back i usually (every time except this once) get a new stamp. I didn't check my passport for that stamp, thinking that it was already stamped. then when i went to the airport to leave for canada, i was stopped.

Seanus:

Brown, you have to wait til Canada merges with America and Mexico. Then your union will merge with the EU and all will be clear ;) ;)

when will this happen?

i feel so sad :(

SeanusThreads: 22 Posts: 30,158 Joined: Dec 25, 07 ♂	Jul 13, 10, 00:53 #8
Authorities are notoriously harsh with such cases. You might have to get creative if you catch my drift ;) ;)

delphiandomineThreads: 42 Posts: 9,954 Joined: Nov 25, 08 ♂ [Suspended]	Jul 13, 10, 01:25 #9
brownruffryder: man i didn't intentionally stay Yes you did. In fact, if I understand you correctly, you didn't even have the correct visa for studying in Poland - are you actually surprised that you were banned from Schengen for a year? You do realise that since December 2007, without a valid visa, you can only spend 90 days out of every 180 in the Schengen zone?

brownruffryderThreads: 3 Posts: 10 Joined: Jul 12, 10 ♂	Jul 13, 10, 06:29 #10
actually i did have the correct visa to study in poland, it's just in 4th year i didn't have a visa after i came back from vacation in january, so i was on a 3 month tourist visa. i never over stayed intentionally, i went to the germany border before the 3 month expiration date to try and get a new stamp but it so happened that i didn't get a stamp.

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Jul 13, 10, 09:49 #11

brownruffryder:

man i didn't intentionally stay, i had a 3 visitor's visa and i usually visit germany during that time period. when i cross the german border and back i usually (every time except this once) get a new stamp. I didn't check my passport for that stamp, thinking that it was already stamped. then when i went to the airport to leave for canada, i was stopped.

brownruffryder:

. In the 4th year i overstayed my visa

You acknowledged that you over stayed...

brownruffryder:

actually i did have the correct visa to study in poland, it's just in 4th year i didn't have a visa after i came back from vacation in january, so i was on a 3 month tourist visa. i never over stayed intentionally, i went to the germany border before the 3 month expiration date to try and get a new stamp but it so happened that i didn't get a stamp.

You had a 3 months tourist visa.

delphiandomine:

You do realise that since December 2007, without a valid visa, you can only spend 90 days out of every 180 in the Schengen zone?

He understood completely.

Oh well, 12 months isnt too long, personally I think they should make it 10 years :D

Seanus:

Not by Africans, Pakistanis and Indians,

They dont count - I meant civilised people.

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Jul 13, 10, 11:05 #12

brownruffryder:

Is there any other options I have?

what are your options in Canada?
what were you studying in Poland?
would you be able to get a year's practical experience in your field of study?

lots of students take courses with a gap year where they have to work in industry in order to get some practical experience before completing their studies

if you treat the next 12 months as an opportunity to develop your career and knowledge rather than berating yourself for screwing up, the time will just fly by

Eye of the tiger, Mr Ruff Ryder, eye of the tiger

PolitykaThreads: 4 Posts: 12 Joined: Jul 4, 10 ♂	Edited by: Polityka Jul 13, 10, 11:06 #13
You are a criminal who has broken immigration rules. Please save the sob story- you deliberately broke the law and now you complain that you have received the appropriate penalty. Being from a rich, white, english speaking country makes no difference and yes, the rules apply to you- like everyone else! Pathetic

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Jul 13, 10, 11:40 #14

brownruffryder:

in 4th year i didn't have a visa after i came back from vacation in january, so i was on a 3 month tourist visa. i never over stayed intentionally, i went to the germany border before the 3 month expiration date to try and get a new stamp but it so happened that i didn't get a stamp.

Whether you got a stamp or not makes no difference: you can not be in Poland for more than 90 days in any 180-day period without a residency permit. The days of being able to pop out of Poland for an hour and then come back with a new three month tourist visa are long gone.

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Edited by: brownruffryder Jul 13, 10, 21:27 #15

thanks for the constructive answer aligator, i guess people don't releaize that i asked for help not their opinion.

i study dentistry, and i will probably end up volunteering for a canadian clinic.

thanks for the help

brownruffryder:

Being from a rich, white, english speaking country makes no difference and yes, the rules apply to you- like everyone else!

i'm guessing you didn't get a green card

Amathyst:

They dont count - I meant civilised people.

you don't sound civilized at all, your just being racist

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Jul 14, 10, 00:29 #16

brownruffryder:

i never over stayed intentionally

No? What part of "I knew I was on a 3 month tourist stamp, but instead of leaving as per the law requires, I decided to go and try and get a new stamp rather than obeying Schengen law" isn't intentional?

Incidentally, for anyone else considering this - the presence of a stamp doesn't override Schengen law. It's also worth noting that if you go to the UK on day 89 and hope to come back straight away, a refusal from the UK is quite possible if it looks like you're only doing the trip for the stamp. And a refusal from the UK is as good as the big red Schengen stamp.

It's also worth noting that anyone deported from the Schengen zone will have their details recorded on computer - so no sneaking back in hoping they won't realise that you were banned!

brownruffryder:

when i cross the german border and back i usually (every time except this once) get a new stamp. I didn't check my passport for that stamp, thinking that it was already stamped. then when i went to the airport to leave for canada, i was stopped.

Telling porkies, I see - there hasn't been any control on the German border for over 2 years now.

lowfunk99Threads: 18 Posts: 435 Joined: Jan 7, 08 ♂	Jul 14, 10, 01:01 #17
Why didn't you put in for a student visa? I also overstayed and got a ban for a year. Just serve your time and go back. Its not worth fighting because by the time you do it will be time to go back.

brownruffryderThreads: 3 Posts: 10 Joined: Jul 12, 10 ♂	Jul 14, 10, 02:15 #18
lowfunk99: I also overstayed and got a ban for a year. Just serve your time and go back. I guess I will be serving my one year ban. Do you mind telling me more about your one year ban? maybe PM me thanks

plk123Threads: 30 Posts: 6,412 Joined: Aug 29, 07 ♂	Edited by: plk123 Jul 14, 10, 02:43 #19
^^^ screw that Seanus: You might have to get creative if you catch my drift ;) ;) catch his drift, man ;) :)

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Jul 14, 10, 14:09 #20

brownruffryder:

thanks for the constructive answer aligator, i guess people don't releaize that i asked for help not their opinion.

i study dentistry, and i will probably end up volunteering for a canadian clinic.

I would much rather light a candle than curse at the darkness

how are you going to support yourself whilst volunteering at a dental clinic?

have you thought about repping for a year?
you can detail dental clinics and pimp pharmaceutical products
it is well paid and you get the chance to meet lots of people
you could do it part time and still volunteer at a clinic

much better than leaning on a broom in a dental clinic for an entire year kicking yourself for screwing up

I have to admire you for flaunting the rules so brazenly for such a long time and not getting caught earlier. in fact my concern is how on earth can a medical university let you study without checking to see that you were entitled to stay in Poland legally. they probably don't give a hoot at the end of the day though

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Jul 14, 10, 20:44 #21

aligator_s:

in fact my concern is how on earth can a medical university let you study without checking to see that you were entitled to stay in Poland legally. they probably don't give a hoot at the end of the day though

Got it in one. As far as I know, they couldn't care less as to the immigration status of the students. Given that they pay so much money, I'm not surprised!

Personally, I'd like to see the Straż Graniczna strip them of what they've passed so far - essentially returning them to 1st year again. Much more devastatingly effective and much more of a deterrent!

MEMBER ♀

Jul 14, 10, 22:39 #22

Polityka:

You are a criminal who has broken immigration rules.

Why are you judging this poor chap who is asking for advice ?
He just wants to go back to finish his studies and was not aware of our bureaucratic nightmare, if by any luck he was a European he would not have any problem.
A local school made a lot of money with his application and he is not taking the job of any Pole , on the contrary his application reinforces the reputation of excellence of those Polish medical and Dentistry schools so let's be a bit nicer.
I fear that there are no immigration lawyers in Poland like in Canada but BrownRuffrider you could always try to ask the school for their support and get in touch with the authorities to try to defend your case.

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Edited by: brownruffryder Jul 15, 10, 00:54 #23

aligator_s:

how are you going to support yourself whilst volunteering at a dental clinic?

I have saved a lot over my previous working years, and i need be i will ask my parents for support.
Thanks for the advice though

LwowskaKrakow:

I fear that there are no immigration lawyers in Poland like in Canada but BrownRuffrider you could always try to ask the school for their support and get in touch with the authorities to try to defend your case.

The university has supported be throughout the case, but how much can they actually do?

They are not the government, so at best they can right a good letter for me to attach to any appeals i have.

On a more promising note, a lawyer in warsaw has told me that i can try to get the decision nullified in accordance to article 154 in the polish administrative constitution.

Also I called the place in warsaw which gave me the final decision. I talked to nice gentlemen there who said, that it was a first offense, i'm a student plus i passed my 4th year, and that the person who gave me that decision was too harsh. He said, "if it were me, i would have gave you a pass." Now this all sounds good but in the end the decision has been made, and i can only try to nullify the decision.

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Jul 15, 10, 00:56 #24

brownruffryder:

On a more promising note, a lawyer in warsaw has told me that i can try to get the decision nullified in accordance to article 154 in the polish administrative constitution.

I'll bet you 50zl that the lawyer is going to take a lot of money from you for nothing.

The Straz Graniczna simply doesn't negotiate with these things - once they've deported you, that's it. You can spend a lot of money trying to overturn it, but it's not worth the time or hassle.

brownruffryderThreads: 3 Posts: 10 Joined: Jul 12, 10 ♂	Jul 15, 10, 01:44 #25
well actually i won't be paying anything, that was just advice from the lawyer, i will be writing a letter through my girlfriend's grandfather (who has qualifications to be a lawyer).

delphiandomineThreads: 42 Posts: 9,954 Joined: Nov 25, 08 ♂ [Suspended]	Edited by: delphiandomine Jul 15, 10, 02:31 #26
brownruffryder: i will be writing a letter through my girlfriend's grandfather (who has qualifications to be a lawyer). Bear in mind that an appeal could go against you and they could increase your ban. The fact that your first appeal was already rejected suggests that you're going to have to take this much higher - and it's not cheap.

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Jul 15, 10, 08:35 #27

LwowskaKrakow:

Why are you judging this poor chap who is asking for advice ?
He just wants to go back to finish his studies and was not aware of our bureaucratic nightmare,

He has broken immigration laws = fact

Furthermore he deliberately tried to manipulate immigration rules ( by travelling to Germany ) to obtain another Visa

He believes because he is rich, white, english speaker the rules shouldn't apply to him. = Deluded

Be a man, stop complaining, accept your criminal actions have consequences and get on with it!

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Jul 16, 10, 05:02 #28

Polityka:

He believes because he is rich, white, english speaker the rules shouldn't apply to him

Actually i am indian (i guess you didn't read the 'Brown' in my name) born canadian, and come for a hard working family who established themselves in Canada with little or nothing.

Again people, i don't want to hear your opinions, I need helpful advice, if you can't supply that, sorry to say but don't f*^$*# post!

aligator_sThreads: 1 Posts: 136 Joined: Jan 7, 08 ♂	Jul 16, 10, 08:28 #29
brownruffryder: Actually i am indian oh now you have opened Pandora's box :-) prepare to be flamed by the forum's resident racist f*ckwits

PolitykaThreads: 4 Posts: 12 Joined: Jul 4, 10 ♂	Edited by: Polityka Jul 16, 10, 10:30 #30
brownruffryder: Again people, i don't want to hear your opinions, I need helpful advice, Be a man, stop complaining, accept your criminal actions have consequences and get on with it! Accept your deserved punishment. The truth though painful, is the best advice.

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