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Question

HI , I'm from Iran and I have been living in Poland about 5 years as an student . I and my polish girlfriend have decided to get married . we have known each other for long period of time ( just few month after i have started to reside in Poland) and we have been living together at her place for almost two years. As we have understood the marriage procedures ( within its legal context ) can last around half year. the problem is that my current TRC card is going to finish at 15th of September and we are just wondering now that how we could cope with this situation . i really appreciate to get your opinion in this case . thanks

Answer

You needed to apply for a new residence card 45 days prior to the expiry date of your current card. You are past this date, according to what you write. I am afraid it is very likely you may not be able to organize all necessary formalities to ensure your further legal stay in the country.

Had you applied for a new card on time (45 days prior to expiry of the current card), you would be given a stamp that would legalize your stay for the duration of the procedure.

As you have not filed your application on time, you are not entitled to the stamp - in result, even if you file an application today, your current card will expire before the new decision will be issued. In result your stay will become illegal, and the decision on the new card will have to be negative (by law, if a foreign is in Poland illegally, no positive decision can be issued, the exceptional situation is if you were married to a Polish girl).

In this context you can try to speed up the marriage process - if only you had the necessary documents, the marriage can be conducted 31 days after you file the set of documents at the office (Urzad Stanu Cywilnego). The head of the Office can give an earlier date, if there are valid reasons for that. Your legality may be such a valid reason - you would need to check with the Office. If you manage to marry while you are still legal in Poland, you would be able to file a legalization application after the marriage, even if your stay will be then irregular.

If you do not have the necessary documents, the process of gathering them or receiving the court permission to enter marriage without the standard set of documents can indeed be time consuming.

You may risk and stay in Poland without legal status - but it is not impossible that trying to enter into marriage you may be arrested by the border guards. Even in such a case you could enter into marriage (in the arrest), yet it is a much less romantic setup.


Answer date:

2013-08-15 17:22:21

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Migration Helpline (Infolinia Migracyjna) is now run thanks to voluntary work of PFM staff. Before, it was maintained (2012-2014) thanks to co-financing of the project Information Center for Foreigners 2, run by PFM in partnership with the Association for Legal Intervention and the Mazovian Governor. It is co-financed by the European Fund for Integration of Third Country Nationals and by the state budget.

 

In the years 2009-2011 the project was run as part of Information Center for Foreigners run by the same partnership, also co-financed by the European Fund for Integration of Third Country Nationals and by the state budget.