This information does not constitute source of law. Authors were duly diligent to make this information consistent with applicable legal regulations. It is good to remember that it concerns typical and frequent cases and may not fully refer to different matters. The number and the type of documents which may be necessary for administrative bodies throughout the procedure may vary depending on the specific case. In the case of any doubts contact competent authority for examination the individual case and become familiar with legal regulations on their own.
The long-term resident’s EU residence permit
Legal basis – Act of 12 December 2013 on foreigners – Article 211 of Act – along with executive acts
The long-term resident’s EU residence permit
The foreigner who has been staying legally and continuously on the territory of the Republic of Poland staying for at least 5 years directly prior to submission of the application for granting this permits and meets the following conditions:
- has a source of stable and regular income adequate to cover the means of subsistence for them and their family members who are subsisted by them;
- has health insurance as defined by the Act of 27 August 2004 on health care services financed from the public funds or a certificate confirming that the costs of medical treatment on the territory of the Republic of Poland shall be covered by an insurer.
The permit is granted for indefinite time.
Note for important exceptions:
- In the case of mobile holders of the so-called EU Blue Card: The required 5-year period of residence on the territory of Poland, shall include the total period of legal residence on the territory of the European Union, if the foreigner was staying legally and continuously at this territory for at least 5 years on the basis of the residence document with an annotation ” EU Blue Card ” issued by a Member State of the European Union, including Poland – for at least 2 years directly prior to submission of the application for granting the permit for stay of a long-term resident of EU on the basis of a permit for temporary residence for the purpose of work in profession requiring high qualifications.
- In the case of foreigners who stay for the purpose of studies or continue their legal residence in Poland after completing these studies: foreigners who stay in Poland for the purpose of studies not may apply for a residence permit for EU long-term resident. Foreigners residing in Poland due to their intention to take up or continue education also cannot apply for this permit. The 5-year period of residence, determining obtaining of the aforementioned permit shall include half of the period of stay on the basis of a visa issued for the purpose of study programs or on the basis of a residence permit for the purpose of receiving higher education.
Requirement of uninterrupted stay – justified interruptions in the stay
Stay of the foreigner constituting the basis for granting them a residence permit for EU long-term resident is deemed uninterrupted, if none of the interruptions in it:
- was longer than 6 months, all the interruptions did not exceed jointly 10 months in the case of a stay on the territory of the Republic of Poland;
- was longer than 12 months and all the interruptions did not exceed jointly 18 months in the case of a stay on the territory of a member state of the European Union of a foreigner with a temporary residence permit for the purpose of work in profession requiring high qualifications.
The period of stay required to obtain this permit is not interrupt by periods of absence on the territory of Poland, caused by:
- the performance of professional duties or work outside Poland pursuant to an agreement concluded with an employer who has its seat in Poland, or
- accompanying the foreigner specified in point (1) above by a spouse or child under the age of 18, or
- extraordinary personal circumstances requiring the presence of the foreigner outside Poland, if the absence from Poland lasted longer than 6 months, or
- leaving Poland in order to participate in training or classes foreseen in the curriculum of a Polish academic institution.
Where and when submit the application
The foreigner makes the application personally, no later than on the last day of the lawful residence on the territory of the Republic of Poland to the voivode competent with regard to the foreigner’s place of residence.
During making the application the foreigner is under obligation to give his/her fingerprints.
In the case of a foreigner being an underage person the application for their residence permit for EU long-term resident shall be submitted by the parents or guardians appointed by the court or one of the parents or one of the guardians appointed by the court.
When submitting an application for a residence permit for EU long-term resident of the foreigner being an underage person who turned 6, their presence is required.
Fees related to residence permit:
Stamp duty PLN 640
Fee for residence card PLN 50
- The application form for a residence permit for EU long-term resident completed in accordance with the provided information;
- Four up-to-date photographs;
- Photocopy of a valid travel document (original available for inspection), in a particularly justified case when the foreigner does not have a valid travel document and it is not possible for them to obtain it, they may present another document confirming their identity;
- Legal title to their housing premises in which the foreigner will be staying (a lease agreement for a flat is not regarded a legal title, unless the lessor is the foreigner’s descendant, ascendant or spouse, the spouse’s parents or the foreigner’s siblings).
Note: Lack of any of the aforementioned documents will result in margin call within 7 days from its delivery, under pain of leaving the application without examination.
Typical documents proving the circumstances indicated in the application:
Note: Documents listed below attached to the application may reduce the quantity of official correspondence and shorten the time which is necessary to handle the case.
- Documents proving at least 5-year legal residence in Poland (mobile holders of the so-called EU Blue Card – 5-year uninterrupted residence on the territory of the EU member states on the basis of a permit granted to them by another EU state, including 2 years of uninterrupted stay in Poland of prior to submission of the application on the basis of a permit for temporary residence for the purpose of work in profession requiring high qualifications);
- Documents confirming that residence on the territory of Poland was uninterrupted or documents proving causes of interruptions in the stay;
- Documents certifying a stable and regular source of income adequate to cover the means of subsistence for them and their family members dependent on them (for a person running household alone – in the amount higher than 634 PLN net monthly, for people in the family – in the amount higher than 514 PLN net monthly) over the last 3 years prior to submission of the application (in the case of mobile holders of the so-called EU Blue Card – for 2 years prior to submission of the application) e.g. PIT tax declarations concerning the foreigner’s amount of income for the aforementioned period, an employment contract, contract of mandate, concerning this period;
- A document confirming health insurance as defined by the Act of 27 August 2004 on health care services financed from the public funds or a certificate confirming that the costs of medical treatment on the territory of the Republic of Poland shall be covered by an insurer.
Note: In the case of explanations or particularization of evidences during the administrative proceedings the foreigner may be called to deliver other documents or to submit testimonies which confirm circumstances referred to in the application.
Residential status following the application
If the application for a residence permit for EU long-term resident was submitted during a lawful stay of the foreigner and the application did not contain formal shortcomings or the formal shortcomings have been corrected within the time limit, the Voivode shall put a stamp print in the foreigner’s travel document confirming submission of the application. Stay of the foreigner shall be deemed legal from the date of submitting the application until the date when the decision on granting residence permit for EU long-term resident becomes final.
Note: Stamp in the travel document does not entitle the foreigner to travel through territories of other countries of Schengen area, while the foreigner may travel to the country of origin, however, in order to return to Poland he/she must obtain a visa, if he/she comes from the country which is subject to the visa obligation.
Time to handle the case
Proceedings on granting to the foreigner a residence permit for EU long-term resident should be completed not later than within 3 months from the date of their initiation.
The document issued after granting this permit
The foreigner who obtained residence permit for EU long-term resident on the territory of Poland is issued a residence card. This document shall be received in person. In the case when the residence card was issued to the foreigner who did not turn 13, the card shall be received by their statutory representative or probation officer.
The residence card in the period of its validity confirms the foreigner’s identity during their stay on the territory of the Republic of Poland, and authorizes them, along with a travel document, to cross the border multiple times without the need to obtain visa.
The first residence card is issued ex officio by the Voivode, who granted the foreigner a residence permit for EU long-term resident for the period of 5 years from the date of its issuance. Before the end of its validity another residence card should be obtained. In addition, in some cases the obligation to replace the existing residence card may arise.
Entitlement to work
A foreigner with a residence permit for EU long-term resident is authorized to perform work on the territory of Poland without the need to have a work permit. The residence card, issued in connection with granting a residence permit for EU long-term resident to a foreigner, will bear a note “access to the labour market”.
The obligation of leaving Poland after the refusal or withdrawal of the long-term resident’s EU residence permit
The foreigner is obliged to leave the territory of the Republic of Poland within 30 days from the date when the decision on the refusal to grant the permit for stay of a long-term resident of the EU or the decision on the withdrawal of the permit became final, and in the case of issuing the decision by a superior body, from the date when the final decision was delivered to the foreigner, unless they are authorized to stay on the territory of Poland on a different basis.