Applying for a visa from within Schengen

[enduringdifficulties]

Hi everyone,
I have had problems with polish national authorities who've been refusing to issue me a residence permit (on the basis of national laws as my wife is Polish) for over a year and a half now. For this reason, I have recently applied for a Schengen visa as I'm not holding any residence title and would want to be able to travel.

My first question is, have any of you applied for a Schengen visa while residing in a Schengen country ?
Tomorrow it will have been 18 days since I applied for the visa, so the 15 days period during which they should issue the visa have already passed but I'm not worried about not receiving it as directive 2004/38/EC guarantees me receiving it.

My second question is, will not having an entry stamp cause me any problems ? I would have one only when I leave the Schengen area and come back.

My third question, if I travel outside of Schengen alone and come back, a minimum check is required if I'm covered by directive 2004/38/EC, in that case, is all I have to say is that I'm covered by that directive and say where my wife is to avoid a thorough check ?

Thank you for your replies.

[enduringdifficulties]

I got my visa today.

[Donutz]

I'm confused, from which country were you applying and for which Schengen member state?

Is your family (spouse?) Polish and you a non EU national, and the Polish gave you a hard time to enter/stay in Poland (you don't meet the residence requirements for joining your Polish spouse in Poland?).

If indeed your spouse is Polish then you would not need a Schengen visa (in advance) to travel around the Schengen area, no UK visa (in advance) to travel around the UK etc. IF you are with yuor Polish partner anywhere in the EU/EEA except for Poland itself. Or they can issue this on the spot (at the border). Though it is strongly recommended that you do get a visa (and you did get a visa for free though a few days after the maximum time limit). You could decide to settle in any other EU nation for a while with your Polish partner, apply for residency there and lvie there for atleast 3 months. After which you could also return to Poland and apply for ressidency there under the EU directive 2004/38/EC.

1) No, since I'm an EU citizen. And the authorities were a bit late as you are aware the limit is 15 calenderdays.
2) They can issue a visa on the spot (in most cases at the border), so though it might be uncommon not to have an entry stamp it is possible. The place of issueing should also make this clear... if it's issued within a member state it explains why there is no entry stamp...
3) It would be best if your partner is there to wait for you at the border (airport?) so if there are any questions the EU partner will be there to anwer those and to show that you are with your partner. There might be difficulties if you only have your word to vouch for you that you are on yuor way to join your partner (and thus are covered by the directive 2004/38). Though you never know at the border, not all staff are aware of the rules or smoe may play hardball... but you may also meet a border guard who lets you through without (m)any questions... Being prepared for the worst: have the directive at hand, evidence that you are family and have your wife be able to come over to immigration/borderstaff incase they do give you a hard time.

So it seems you are diong everything just fine, make sure you are prepared for difficulties (#3) though. Good luck!

[enduringdifficulties]

Thanks for your reply.
So here's the thing. I've been married for over 4 years, I move to Poland in 2010 and received 2 residence cards on the basis of national laws, each valid for 1 year. The third time I applied for a new card in January 2013, the application for residence is supposed to be processed within 1-2 months but it has always taken them a minimum of 3-4 months to process my applications. As for the application that I lodged in January 2013, it took them 6 months to process it and refuse me residence on the basis of giving false testimony and that there are no psychological, physical and economical ties between me and my wife, that I'm still married only for the purpose of legalizing my stay in poland (which is clearly a breach of article 8 of ECHR to say that but that's a different story). I appealed that decision and it was upheld by the higher instance 2 months after. Now here's the rediculous thing, as long as you haven't picked up the decision upholding the previous one, you are legal, once you pick it up, you become illegal. So, I picked that decision from the post office which I entered as a legal alien, and the moment I left the post office I had become an illegal alien in the eyes of the polish law (I keep trying to find an EU directive to cross-reference that again because this is definitely a breach of some EU directive, how can one not have a few days to leave the country legally or file a lawsuit or regulate their stay on some other basis). Anyhow, I applied again, but the second time I had both my testimony and my wife's manipulated, luckily, I had a recorder and had my interview recorded which is a proof of the case officer having manipulated my testimony only for the sake of accusing me of having gotten married for the purpose of circumventing their laws and that my marriage is a marriage of convenience ! My testimony about the last time I saw my wife was changed from "yesterday" to "before yesterday", my wife's testimony about my 2013 trips was manipulated or she simply forgot, these were 2 reasons I was accused of having a marriage of convenience "His wife didn't know about his 2013 trips, He said he saw last before yesterday while she said yesterday" ! Luckily I have more than 10 messages I exchanged with my wife during those trips and she pretty well knew about them.
Back to the point, so on September 2013 I had become illegaly staying in poland, yet, I cannot be deported because I have a wife who's Polish. It's been a year that I'm unemployed, collection companies are over my head and I'm stuck in Poland waiting for my lawsuit to be processed in court.
Recently I applied for residence on the basis of respecting family life which they suspended, I appealed that and the case was sent to be reprocessed, it turns out that even if I get this residence I still wouldn't have the right to work, so I don't see what's the purpose of this residence if one can't work and support themselves and their family. Let alone that I paid taxes for 2 years but I can't apply for unemployment benefits because I have no residence status.
For the reasons I mentioned above, I had decided to apply for a Schengen visa to 1) Become legal in Poland eventhough I never considered myself staying illegaly here as I didn't overstay any residence permit or visa, I didn't enter the country without a visa nor did I miss any deadlines. So considering that poland is a Schengen country I figured that by getting a Schengen visa on the basis of directive 2004/38/EC would legalize my stay in this country.
2)I'm no longer stuck in poland, I can go somewhere with my wife within or outside of Schengen area but as well as I could travel on my own.
What you said is important, proving that one is going to be joining their spouse, I just don't understand how one would prove that their spouse is waiting for them, we can imagine a case where a non-EU is going to Italy on the 20th and his wife is joining him on the 22nd, no proof here otherthan one's word, nothing else to vouch for them. While the visa is granted on the basis of one being a family member and is travelling with their spouse or going to be joining them, after the visa has been granted there's no way to prove that one is joing their spouse when they are only visiting. In my understanding, I have a Schengen visa and I can travel on my own from/to Schengen and it goes without saying that one's spouse is in the Schengen area.
So I got my Beneloux MEV and I plan on travelling with my wife as well as travelling without my wife with the understanding that my Schengen visa is valid for all Schengen countries include poland my wife's country. I'm definitely going to have the marriage certificate at hand but I don't see how I would have to prove that my wife is somewhere, I can go to Spain as a first point of entry while my wife is in poland and I wouldn't see that as fraud because sooner or later I'm still joing my wife in some Schengen country whether her country or a different one. One thing is puzzling me theoratically, if Poland were to be my first Schengen point of entry would me being covered by the directive become an issue to enter Poland because she's not exercising her right to freedom of movement or it wouldn't matter because that's still a Schengen country, if that were to be a problem one could always enter from a different country and from that country go to Poland.
Let me know what you think.
Cheers