Hi guys!
Im having some visa problems, and Im confused...I can't seem to find someone, even among the bureu clerks in the immigration's office, that will give me a clear answer about my question:
I arrived to Warsaw some two months ago. I subscribed to study for my M.A. at the Warsaw university, but unfortunately, bureucratic problems regarding my B.A. diploma back in my home university delayed my process, and I only received the acceptation papers last week. I'm still facing some problems, and I don't know if I'll be able to get a student's visa on time.
Anyway I'm still trying to find any possible legal way to stay here- I applied for several vacancies, but it seems that the employers are not very eager to go through the whole process of obtaining a work permit for me.
My "bezwizowe" staying here will expire soon (I am here already about 65 days, out of the 90 that I am allowed to stay without a residence permit or visa), and I'm getting some contradicting information, even from formal entities: Some tell me that if I cross the border outside the schengen (for example, to Ukraine), and come back, the new stamp in the passport will prolong my staying possibility for 90 days more, in which I can continue my quest. Others say that it doesn't go like this, and that I'm allowed for a total of 90 days staying within 6 months, and it does not prolong even if I shortly leave the schengen. This would mean that I would have to go back to my country, for an unknown period of time.
Does anyone have a reliable source, either legal, or formal (of the E.U. or something), from which I can get the true answer? Or maybe someone knows what other possibilities do I have?
From the one hand, I surely do not want to leave Warsaw- I really love it. From the other hand, if I do have to leave, I should get ready for it since I dont have much time to book a flight, etc, and of course I don't want to stay illegaly and risk getting eventually deported.
Thanks for any help.
Yours,
Daniel
Legal entry regulations
this is a point of ennndless discussion among expat wannabes without long-term visas.
the rule is that for schengen member countries, you can stay 90 days of any six month period in any of the member states. This means that crossing into Ukraine does NOT reset (unless you stay in Ukraine for 3 months).
with that said, many people still break this rule and manage to do so without getting caught. It's up to you to decide if you think it's worth the risk.
you also MAY have some kind of special status if your paperwork is in but you're just awaiting a response. At least here in Iceland I've had several periods where I submitted the application for my new permit on time but didn't get it before my old one ran out, thus leaving a gap where I was technically undocumented.
this is the kind of thing a local immigration office can answer though. I am at least quite sure that the rule for Schengen is 90 days of a 6 month period, and crossing to Ukraine for a day will not actually reset your clock legally.
contact to hai.com in poland they will sort out your problem for sure.
thanks guys!
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You'll probably be excused even if you overstayed as long as you can show this pending student visa application documents.
Last time I was in Warsaw, I unknowingly overstayed for 23 days. I thought crossing to London which is not a member of Schengen(& stayed there for a week) will cut the 90-day rule; it didn't. They (at Finland Immigration) asked me if I have a pending visa application of some sort in Warsaw, penalized me with a fine after I said no.
Take it easy.
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