Permanent residence in Poland for foreigners from countries outside the EU 1

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1 Permanent residence in Poland for foreigners from countries outside the EU 1 The act on foreigners provides for two forms of permanent residence for foreigners from countries outside the European Union: the permit to settle (zezwolenie na osiedlenie się) and the long-term permit of the European Communities resident (zezwolenie na pobyt rezydenta długoterminowego WE). Both permits are granted for an unlimited period of time. However, according to legal provisions, they can be withdrawn, resulting in loss of the right to permanent residence in Poland. Applications for permanent residence in Poland are considered by Provincial Offices (Urząd Wojewódzki) of proper jurisdiction for the place of residence of the foreigner. Applications can be filed only by foreigners staying legally in Poland, no later than on the last day of legal stay. For the period of consideration of the application, the applicant receives a national visa. Applications for both forms of permanent residence in Poland should be considered within three months. An application for permanent residence in Poland cannot be filed via a Polish consulate. Consideration of the application for permanent residence costs PLN 640. Along with the residence permit, the foreigner receives a residence card: in the case of long-term residents, residence cards are valid for five years, and in the case of a permit to settle for ten years. The residence card charge is PLN 50. A foreigner may receive the card only in person. 1 This information does not pertain to foreigners spouses to citizens of Poland.

2 Permit to settle The permit (Zezwolenie na osiedlenie się) is granted to a foreigner, who: is a minor child of a foreigner, who has been granted permit to settle, born in Poland (the application in the name of the minor has to be filed by his/her legal guardian) has been married to a citizen of Poland for at least 3 years prior to filing of the application, and, immediately prior to filing of the application, has lived in the territory of Poland continuously for at least 2 years on the basis of a residence permit granted for a fixed period. The office responsible for consideration of the application has the right to verify whether the marriage is true or fictitious; Continuous stay for at least 10 years, immediately prior to filing of the application, has been staying continuously within the territory of Poland on the basis of a permit for tolerated stay granted in accordance with art. 97 item 1 clause 1 or 1a or item 2 of the act of June 13th, 2003, on granting protection to Aliens within the territory of the republic of Poland (the foreigner has been granted a permit for tolerated stay as his/ her expulsion was not possible; his/her right to life, to freedom and personal safety as defined in the Rome Convention could be under threat; such decision would violate the right to family Stay in the Republic of Poland is regarded as continuous if any absence period has not exceeded 6 months and total absence has not exceeded 10 months within the required stay period, unless it was caused by: performance of professional duties or performance of work outside the territory of the Republic of Poland on the basis of a contract concluded with an employer whose registered office is located in the territory of the Republic of Poland, accompanying a spouse performing his/her professional duties of this kind, medical treatment of the foreigner. In the case of foreigners staying in Poland in relation to being granted protection: refugee status, complementary protection or tolerated stay, the time of continuous stay in Poland includes the time of waiting for a decision on granting protection, even if during this period the foreigner is under arrest or in a detention center. life or was unacceptable on the basis of a court decision) immediately prior to filing of the application, has stayed within the territory of Poland continuously for at least 5 years in relation to being granted refugee status or complementary protection; is a child to a citizen of Poland under his/her parental authority. A permit to settle is refused to those foreigners: who fail to meet the requirements specified above are listed as foreigners, whose stay in Poland is undesirable, or entered in the Schengen Information System for entrance refusal (the right allows for granting of a permit, if the foreigner s data is found in SIS, in exceptional cases) if required by state defense or security or protection of safety and public order; if the basis for application for the permit is fictitious marriage with a citizen of Poland; when during the application consideration procedure, the foreigner filed false documents, provided untrue information, made a false testimony, failed to disclose the truth, forged or modified any documents; who fail to meet his or her taxation obligations to the State Treasury, who have failed to return the costs of expulsion, born by the state budget. The permit to settle is withdrawn if: it is required by state defense or security or protection of safety and public order; an application for granting of such permit or the documents attached contain untrue personal data or false information or, during the proceedings, the foreigner made a false testimony or failed to disclose the truth, forged or modified a document, the foreigner has been sentenced by a final and binding sentence in Poland for an intentional crime to the punishment of at least 3 years of imprisonment, the foreigner has left the territory of Poland permanently. In the first two cases, the decision on withdrawal of the foreigner s permit is accompanied by a decision on expulsion. The permit to settle legally expires, when the foreigner is granted a residence permit for a long-term European Community resident.

3 Long-term EU resident The permit to settle ensures the right to: unlimited stay in Poland (and a residence card valid for 10 years) employment without the need to obtain a permit ability to engage in a business activity on the same terms as those applicable to citizens of Poland taking advantage of social assistance education in Poland free of charge An application for permit to settle can include the foreigner s children or other persons under the guardianship of the foreigner. In order to obtain this permit, children or persons under the guardianship of the foreigner must meet the requirements necessary to be granted the permit. The required income Residence permit for the long-term European Community resident The permit (Zezwolenie na pobyt rezydenta długoterminowego WE) is granted to a foreigner, who, immediately prior to filing of the application, has been staying in Poland for at least 5 years continuously and legally and who has: a stable and regular source of income sufficient to cover the costs of maintenance for him-/ herself and family members, who are dependant upon him/ her; health insurance as defined in the legal provisions on general health insurance or confirmation of coverage by the insurer of costs of treatment within the territory of Poland. Income, which is to be documented when filing the application after deducting the costs of residence must be higher than the amount of income, for which financial benefits from social assistance are applicable on the basis of the act of March 12th, 2004 on social assistance. At present, this amount is PLN 351 per person in a family or PLN 477 in the case of a single-person household. A foreigner must confirm having the required income for him-/herself, in the case of single persons, and for all family members dependant upon him/her (if they have a family). It is assumed that the costs of living include at least the amount of fixed charges associated with maintenance of the premises, proportional to the number of persons occupying the premises, as well as charges for delivery of energy, gas and water and collection of waste, liquid waste and sewage. The foreigner is obliged to document these charges. The permit is not granted to foreigners, even if they meet the above requirements, who: are staying in Poland for the purpose of participation in studies or vocational training have been granted a permit for tolerated stay, asylum, refugee status granted in Poland or take advantage of complementary or temporary protection, have applied for refugee status or asylum, work as au pairs or seasonal employees, delegated by the service provider for the purpose of rendering of cross-border services or a cross-border service provider are staying in Poland on the basis of a uniform visa granted due to humanitarian considerations, due to the state interest or international commitments are staying in Poland on the basis of a permit to stay for a limited period of time, granted due to family unity or educational reasons; or due to family ties with a citizen of Poland, an EU member state or an EFTA member state; are staying at a detention center or are under arrest for the purpose of expulsion or in a penitentiary facility, or who have been prohibited to leave the country. In the cases listed above, the application for permit is left unconsidered. The required period of stay The required period of stay of a foreigner in Poland does not include a stay: in a detention center, under arrest for the purpose of expulsion, in a penitentiary facility, and the period, during which the foreigner is prohibited to leave the country, as an au pair or seasonal employee, delegated by the service provider for the purpose of rendering of cross-border services or a cross-border service provider on the basis of a uniform visa granted due to humanitarian considerations (due to the state interest or international commitments), or on the basis of a permit to stay for a limited period of time, granted due to family unity or educational reasons; or due to family ties with a citizen of Poland, an EU member state or an EFTA member state; diplomatic and consular personnel or other persons having status equal to diplomatic on the basis of legal acts, agreements or widely accepted international customs. The required period of stay includes one half of the foreigner s stay on the basis of a visa or a permit for residence for a limited period of time, granted in relation to university studies or a vocational training.

4 Refusal and withdrawal of permit A foreigner is refused the residence permit Community resident, if he/she fails to meet the requirements listed or due to reasons of state defense or security or protection of public order and safety. A permit is withdrawn if the foreigner: has obtained the residence permit Community resident illegally; poses a real and serious threat for the state defense or security or for public order and safety (in such case, the Office, making the decision, takes into account the period of stay of the foreigner in Poland, his/her age, ties with Poland or lack of ties with the country of origin, consequences of the decision for the foreigner and his/her family); left the territory of Poland for a period longer than 6 years; left the territory of the European Union for the period of the consecutive 12 months; obtained the residence permit Community resident within the territory of any other EU member state. In the case of withdrawal of the permit due to threat to the state security, the decision on expulsion of the foreigner is made simultaneously. If the residence permit for the long-term European Community resident has been withdrawn due to excessively long absence from Poland/the EU, the next residence permit for the long-term European Community resident is granted, when the foreigner meets the remaining conditions and, immediately prior to filing of an application for issue of the next permit, the foreigner has been staying legally and continuously within the territory of Poland for the period of at least 3 years. The status of a long-term European Community resident entitles foreigners to: unlimited stay in Poland (and a residence card valid for 5 years) employment without the need to obtain a permit ability to engage in a business activity on the same terms as those applicable to citizens of Poland taking advantage of social assistance education in Poland free of charge registering as a long-term European Community resident in another EU member state (which provides the opportunity of obtaining the residence permit, right to work or study in this country). Application for residence permit for the long-term European Community resident or the permit to settle The application is to be filed in 4 copies and the following must be attached: 4 photos of persons subject to the application; documents necessary to confirm the data contained in the application and the circumstances that justify filing of the application for a permit to settle or a residence permit Community resident including documents confirming stay in Poland, source of income, insurance, temporary address registration; legal title to occupy residential premises occupied by the foreigner or that the foreigner plans to occupy, in the case of applying for a permit to settle on the basis of stay in Poland in association with granting of permit for tolerated stay, refugee status or complementary protection, or applying for a residence permit Community resident (this cannot be a contract of lending for use, unless the lending party is a close relative: a parent, a child or a spouse of the foreigner, parents or siblings of the foreigner s spouse). confirmation of payment of the fiscal fee in the amount of PLN 640 documents confirming the costs of living (bills for rental, electricity, gas, water, collection of waste and sewage) Prepared on the basis of: Act on foreigners of June 13th, 2003 (Journal of Laws as amended) The foreigner is also obliged to provide a justification for the application and a valid travel document. In particularly justified cases, if the foreigner does not have a valid travel document and is unable to obtain such document, he/she may present a different document, confirming his/her identity. Applying for a permit to settle, the foreigner must also present a certificate confirming his/her compliance with taxation obligations. Such certificate can be obtained from the Revenue Office. The residence permit for the longterm European Community resident cannot include additional persons (children).

5 Information prepared by the Polish Migration Forum as part of the project entitled Information Center for Foreigners, in consultation with project partners. Project co-financed by the The European Fund for the Integration of Third-Country Nationals and the State budget. Project partners: Association for Legal Intervention Design & production: Studio Arian Mazowieckie Province Governor Polish Migration Forum The Polish Migration Forum is responsible for the published contents. Any opinions contained therein do not reflect any official positions of the European Union.