You have probably often wondered if there is a way to legalize your stay in Poland permanently. We distinguish two types of permits that are valid indefinitely – a permanent residence permit and a long-term EU resident permit.
Read our article to find out more and learn what conditions need to be met to obtain it.
At the outset, it’s worth noting that a long and uninterrupted period of legal stay in Poland is the basis for applying for a long-term resident permit of the European Union. In most situations, when a permanent residence permit can be granted, the period of stay in Poland doesn’t matter to the Office, and the Office may sometimes issue a positive decision even if the stay in Poland was illegal – this applies to children born on the territory of the Republic of Poland.
Furthermore, while the permit itself is issued indefinitely, the residence card is issued for a period of 10 years. After this time, you should apply to the office for a new document. This process should be shorter than the procedures for granting permits.
Most often, applications for permanent residence permits are submitted based on:
a) having Polish origin,
b) holding a Polish Card,
c) being in a marital relationship with a Polish citizen, and
d) in the case of a minor child, at least one of the parents holds a permanent residence permit or a long-term EU resident permit.
Furthermore, you can apply for a permanent residence permit if, among other things:
• You have been granted asylum in the territory of the Republic of Poland.
• You are a victim of human trafficking and have resided directly for a year prior to submitting an application based on a temporary residence permit for victims of human trafficking.
It’s worth mentioning that Polish law does indeed provide that for certain professions specified by the government, after an uninterrupted stay of a minimum of 4 years based on a decision on temporary stay and work issued for the mentioned professions, it will be possible to obtain a permanent residence permit. However, to this day, the regulation specifying these cases has not been issued.
A) A permanent residence permit granted in connection with having Polish origin is characterized by the fact that submitting the required documents alone is not enough to receive a positive decision. To obtain this type of permit, at least one of the parents or grandparents or two great-grandparents must be of Polish nationality. It should be mentioned that documents confirming the nationality of ancestors must be submitted to the office in their original form.
These can be documents issued by Polish state or church authorities, or by the authorities of the former Soviet Union, for example:
• Polish identity documents;
• Civil status records or their copies or baptismal certificates confirming the connection with Polish nationality;
• Documents confirming military service in the Polish Army, containing an entry indicating Polish nationality;
• Documents confirming the fact of deportation or imprisonment, containing an entry indicating Polish nationality;
• Identity documents or other official documents containing an entry indicating Polish nationality.
Furthermore, the Office will likely summon you for an interview. An official will ask questions regarding, among other things, your connection to Polish identity, family traditions, and assess your basic knowledge of Poland. This conversation is crucial in making the decision because even if the necessary documents are submitted, if the interview doesn’t go well, the official will issue a negative decision.
B) In the case of holding a Polish Card, it’s sufficient to have the intention to settle permanently in the territory of the Republic of Poland, which needs to be confirmed on a form, and to submit documents that will confirm this intention. Submitting this type of application is exempt from a tax fee. It’s important to emphasize that after obtaining this type of permit, it’s necessary to return the held Polish Card.
C) To apply for a permit based on marriage to a Polish citizen, you must have been in a marital relationship for at least 3 years (time counted before submitting the application), hold a temporary residence permit based on Article 158(1) point 1 (marriage to a Polish citizen) for at least 2 years, and stay continuously in the territory of Poland. Meeting these conditions allows for applying for a permanent residence permit. In this type of proceedings, the Office will most likely request the Border Guard to conduct an environmental interview. The results of this interview will determine whether a further interview is necessary.
A permanent residence permit is undoubtedly beneficial due to its indefinite duration, among other reasons. However, the process itself and preparing the necessary documents can be challenging. Therefore, it’s important to seek the assistance of an expert in case of doubts (like myVisa!).
Author: Jakub Stawski
