Post
by enduringdifficulties » Thu Jul 11, 2013 6:08 pm
In a week from now it will have been 3 years that we've been married, as for living together, I've come across a lot of financial difficulties in the past until I landed myself a stable job that I have had for the last 2 years.
During the interview with my wife, my wife said she was living on a different address than the address of our apartment, she said she was living with her parents and that she moved out about 6 months ago, the interview was in January. She said she was not working and that her parents were looking after her financially, that she doesn't plan to return to me in the nearest future.
As for the reasons for the refusal, they said we weren't living together, we weren't fulfilling our marriage duties towards each other and that my stay in Poland isn't fully dependent on being with my wife.
The law says that there are exemptions for when a couple aren't living together but it doesn't specify in what situation that would be ok. I had 14 days to appeal which I have already but my appeal wasn't really written professionally as I've never had to deal with this type of situation before. In my appeal, I said that we were indeed living together which is the case but not on daily basis, my wife may be living more often at her parents place but we're still a married couple in a long-term, committed and durable relationship, we have no prenup, we're fulfilling our marriage duties towards each other, on the other hand, we have reasons to be living the way we are and that we had the right to choose how to live, my wife living a few days every week with her parents doesn't mean we're not a married couple or not fulfilling our marriage duties towards each other which we actually are. The only thing they had against me is my wife's testimony. They also said that I had provided incorrect info about the address by saying that my wife was living with me while she was living somewhere else. Now I'm waiting for an answer from the head of foreigners' affairs, if he does confirm the negative decision, on that moment I will loose my right to work.
I've never asked for any social help, that's if they have any in Poland, I've always been self-sufficient and committed to my marriage, marriages have their ups and downs, yet, I cease to be a human being who has the right to live just by the fact that they believe my wife and I are only married formally but not a married couple in reality.
They don't care either that I have liabilities towards banks, that I have a permanent job contract, that I have a career and I life. I'm wondering if they expect me to pack my suitcases, I have the right to abode but with a negative decision on my appeal, I loose my right to work.
It's also worth mentioning that according to the polish law, in a few days from today, like I said, it will have been 3 years since I've been married to a Polish citizen which gives me the right to apply for permanent residency, however, not being in possession of a temporary residence I can't apply for permanent.
