Permanent residence permit in Poland

Prepared by the Rule of Love Institute Foundation on behalf of the Danish Refugee Tsuncil

September 1, 2023

General information

A permanent residence permit (among foreigners it is often called a "permanent residence card" or a permanent residence permit) is a document that allows a citizen of a third country (that is, a person who does not have the citizenship of one of the countries of the European Union, Norway, Iceland, Liechtenstein or Switzerland) or a stateless person can legally and indefinitely stay on the territory of Poland. In turn, a permanent residence permit is an official document issued to foreigners who have a positive decision of a competent voivode to grant a permanent residence permit. In the case of obtaining a permanent residence permit, the residence card is issued for 10 years, after which it (the certificate) must be replaced. Replacement of a permanent residence permit is carried out at the owner's request. The beaten card confirms the legal status of stay for the period for which it was issued and gives the right to a foreigner to work in Poland. At the same time, during its term of validity, it confirms the identity of a foreigner during his stay in the territory of the Republic of Poland and allows multiple border crossings (together with a travel document) without the need to obtain a visa. In addition, the residence permit is a document that allows you to travel to other member countries of the Schengen area for a period not exceeding 90 days in every 180 days.

Foreigners who have the right to obtain a permanent residence permit

A person who has the right to apply for a permanent residence permit is a citizen of a third country or a stateless person who, at the time of submitting an application for a permanent residence permit, is in the territory of the Republic of Poland on the basis of a temporary residence permit (with the exception of certain reasons for stay). In addition, the expressed and actual purpose of this person's stay on the territory of the Republic of Poland must be the intention to settle in Poland. According to the Law on Foreigners of December 12, 2013, a foreigner can obtain a permanent residence permit if he meets, among others, one of the conditions:

• has a valid Pole Card and intends to permanently settle in the territory of the Republic of Poland (in such a situation, a foreigner is also entitled to receive financial assistance - details below)
• is of Polish origin and intends to permanently settle in the territory of the Republic of Poland, 
• is the husband or wife of a citizen of Poland and has been married for at least 3 years before the date of submission of the application for a permanent residence permit, as well as prior to the date of submission of the application, has lived continuously in the territory of Poland for at least 2 years on the basis of a temporary residence permit issued on the basis of marriage with this Polish citizen or on the basis of receiving refugee status, additional protection or a residence permit for humanitarian reasons, 
• is a person who has become a victim of human trafficking, subject to compliance with certain conditions, 
• is a person who received asylum on the territory of Poland, 
• is a child of a Polish citizen who remains under his parental care,
• is a child of a foreigner who has received a permanent residence permit or a residence permit of a long-term resident of the EU, who is under parental care (born after the granting of the aforementioned permits to this foreigner or born during the period of validity of the temporary residence permit granted to this foreigner or during the period of stay of this foreigner a foreigner on the territory of Poland on the basis of a residence permit for humanitarian reasons or a permit for tolerant residence, or in connection with the granting of refugee status or additional protection),  
• is a person who, immediately before submitting an application for a permanent residence permit, has been continuously in the territory of Poland for at least 5 years on the basis of the granting of refugee status, additional protection or on the basis of a residence permit for humanitarian reasons; or 10 years on the basis of a tolerant residence permit granted on the basis of special conditions; or 4 years on the basis of a temporary residence and work permit, granted on the basis of performing work in a profession desirable for the Polish economy, and has a source of stable and regular income sufficient to cover the costs of maintaining himself and his dependent family members (due to the lack of relevant legal acts, the last option has not yet been implemented in the territory of the Republic of Poland),  
• is a citizen of the United Kingdom of Great Britain and Northern Ireland, provided that he meets certain requirements and conditions. 

In practice, permanent residence permits are most often obtained by foreigners who have family ties to Poland (have a valid Polish Card, Polish origin, are married to a Polish citizen).

Importantly! Citizens of Ukraine who came to Poland in connection with the military operations in Ukraine and enjoy temporary protection can apply for a permanent residence permit if they meet the requirements for this. The rules do not exclude the possibility of considering documents in such a situation. However, there are restrictions on the temporary residence permit, which citizens of Ukraine who enjoy temporary protection can obtain only for the purpose of employment, performing work in a profession that requires high qualifications (the so-called "Blue Card") or carrying out entrepreneurial activities. It is worth remembering that these are two different types of permits with different requirements and restrictions.

The procedure for granting a permanent residence permit

In order to obtain a permanent residence permit, a foreigner who has the right to apply for such a permit must fulfill the formal requirements associated with submitting an application and the necessary annexes to the application.

An application for obtaining a permanent residence permit is submitted to the name of the voivode at the place of residence/stay of the foreigner who applies for the permit (for example, if the foreigner lives in Lublin, the application is submitted to the Lublin Voivodeship Administration (urząd); list of voivodeship administrations can be found on the website: https://www.gov.pl/web/gov/uw ).  

There are two ways to apply for a permanent residence permit. First, with the help of a post office or an office in the premises of a department or delegation of the voivodeship administration. The date of submission of the application is considered to be the date on which the application was submitted to the administration or the date indicated on the postmark. In this case, when submitting an application, fingerprints are not taken, and submitted documents are not checked for compliance with the originals. In this situation, it is also impossible to get a stamp in the passport to confirm the application. When using this option, after a certain time, a foreigner is called upon to eliminate formal deficiencies, which consist in submitting fingerprints and checking documents based on the originals. The procedure starts only after these steps have been completed, that is, after the formal deficiencies in the application have been eliminated, according to the summons sent by the administration. The waiting time for the first call depends on the number of applications pending registration and can range from several weeks to several months. It also increases the waiting period for a decision in the case.

The second way to submit an application is to make a prior agreement about a visit to a department or delegation of the voivodeship administration. During the submission of the application, the official checks the documents (copies of the documents are certified as corresponding to the original) and accepts the application with attachments. During the visit, the foreigner's fingerprints are taken, and the passport is also stamped (if the application deadline has been met and there are no doubts about the legality of the foreigner's stay in Poland). Usually, in this case, the time for making a decision on granting a residence permit is shorter. Please note that the application for obtaining a residence permit should be submitted no later than on the last day of legal stay in Poland. This is important in order to avoid illegal stay and possible consequences related to violation of migration legislation.

Each separate voivodeship office has its own rules for making an appointment for submitting an application for a residence permit. This can be registration by phone, online registration through the website or registration on a special platform, with which you can make an appointment at the office. You can check the methods of registration in the various voivodship offices on the website of each office: https://www.gov.pl/web/gov/uw. 

The decision to grant a permanent residence permit is issued for an indefinite period. A residence permit, in turn, is issued for a period of 10 years. After the expiration of this period, there is no need to apply for a new residence permit, you only need to replace the permit with a new one.

Please note that the stamp in the travel document, which confirms the submission of the application for a residence permit, does not give the foreigner the right to travel to other countries of the Schengen zone. A foreigner can leave for the country of origin or permanent residence, but in order to return to Poland, he must have an appropriate residence permit (for example, visa-free regime, valid visa, valid passport) that gives him the right to enter.

Requirements for an application for a permanent residence permit

Depending on the voivodship in which a foreigner applies for a permanent residence permit, and on what basis he applies, there may be differences in the documents required by the administration. Before submitting the application, it is recommended to check the list of required documents on the website of the voivodeship office corresponding to the place of residence/stay of the foreigner.

Among the main documents required from foreigners applying for a permanent residence permit - in addition to the completed and signed application form, which can be downloaded from the website of, for example, the Poznan Voivodeship Administration (https://migrant.poznan.uw .gov.pl/pl/do-pobrania/zezwolenie-na-pobyt-staly), there is:

• 4 recent photographs (undamaged, in color, with good sharpness, size 35 mm x 45 mm, taken no earlier than 6 months before the date of application); with the image of the face from the top of the head to the top of the shoulders, so that the face occupies 70-80% of the photo, on an even light background, on which the foreigner is depicted with a straight face, with open eyes, not covered by hair, with a natural facial expression and closed by mouth, as well as with reproduction of natural skin color; the foreigner's eyes are clearly visible, especially the pupils, and the eye line must be parallel to the upper edge of the photo); 
• a photocopy of a valid travel document - in a particularly justified case, if a foreigner does not have a valid travel document and there is no way to obtain it, he can present another document that certifies his identity in this way and does not cause doubts; 
• proof of stamp duty payment (not required from persons who have been granted asylum in Poland, as well as from holders of a valid Polish Card); 
• documents confirming the data contained in the application justifying the request for a permanent residence permit;
• mandatory attachments to the application, depending on the basis for obtaining the permit:

1. in the case of an application for a permanent residence permit based on the possession of a Pole's Card:

• valid Map of a Pole,
• documents confirming the intention to stay in Poland for permanent residence (for example, an employment contract or a power of attorney agreement, a housing rental agreement, documents confirming studies, etc.),

2. in the case of an application for a permanent residence permit by a foreigner of Polish origin:

1. documents confirming the Polish nationality of at least one parent of a foreigner or a grandparent, or two great-grandparents,
2. documents confirming kinship with persons of Polish nationality,
3. documents indicating a connection with Poland,
4. documents confirming the intention to stay in Poland for permanent residence (for example, an employment contract or a power of attorney agreement, a housing rental agreement, documents confirming studies, etc.),

3. in the case of an application for a permanent residence permit for a foreigner who is the husband or wife of a Polish citizen:

• an up-to-date copy of the marriage certificate (issued no earlier than 3 months before submitting the application),
• spouse's identity card (dowód osobisty),
• documents confirming continuity of stay on the territory of Poland, or documents indicating the reasons for breaks in stay,

4. in the case of an application for a permanent residence permit for a child of a Polish citizen:

• a copy of the child's birth certificate
• identity card of one of the parents (dowód osobisty), who is a citizen of Poland,

5. in the case of an application for a permanent residence permit for a child of a foreigner who has a permanent residence permit or a residence permit of a long-term resident of the EU, remains under parental care and was born after the granting of a permanent residence permit or a residence permit of a long-term resident of the EU:

a copy of the birth certificate,

• a decision to grant a permanent residence permit or a residence permit of a long-term resident of the EU or a card of a legal representative.

The most common documents, based on which you can apply for a permanent residence permit in the Republic of Poland, have been presented above. Other necessary documents, depending on the individual situation of the foreigner, can be found on the website of the Office for Foreigners https://mos.cudzoziemcy.gov.pl/informacje/pob-staly/dokumenty . It should also be borne in mind that depending on the administration to which the application is submitted, the number of necessary copies of the above-mentioned documents may differ, but the rule remains unchanged, according to which the original documents must be presented for verification. Before starting to collect the necessary package of documents for submitting an application for a residence permit, it is advisable to check the requirements of a specific administration at the place of residence/stay of a foreigner who intends to apply for this permit.

It is worth remembering that the absence of any of the listed documents can significantly delay the consideration of the application. The authorized body considering the application may require the foreigner to provide the missing documents. Before submitting the application, it is important to carefully check whether all the necessary documents have been attached to the application.

Cash assistance for the owner of the Pole's Card

According to the provisions of the Law of September 7, 2007 on the Pole's Card, a person who applies for a permanent residence permit on the basis of a valid Pole's Card after January 1, 2017, has the right to apply for financial assistance. The application for receiving financial assistance must be submitted within 3 months from the date of submission of the application for obtaining a permanent residence permit. If the application is submitted after this deadline, it will be left without consideration.

Financial aid is intended to partially cover the costs associated with the settlement and current maintenance of a foreigner in Poland. The period of payment of this financial assistance is up to 9 months and is calculated as follows: during the first 3 months – the equivalent of 50% of the minimum wage in effect in the year of submitting the application for financial assistance, for the applicant and his/her wife/husband, as well as the equivalent of 50% of this amount for each minor child who remains under the parental care of the applicant or his/her wife/husband. In the period from the 4th to the 9th month - 60% of the above amounts, respectively. Cash assistance may also be extended to the applicant's spouse and minor children who are under their parental care and live with him/her on the territory of Poland. It should be noted that such assistance is not provided to a person who received financial assistance as a member of the applicant's family and who subsequently applied for a permanent residence permit. In a situation where the first application for financial aid was considered and the aid was granted for a period of less than 9 months, it is possible to submit another application for receiving this aid.

The application together with the necessary documents should be submitted to the voivode to whom the application for obtaining a residence permit was addressed. The application is subject to payment of a stamp duty in the amount of PLN 10 (confirmation of payment should be attached to the application). It is also necessary to add the necessary attachments, which may differ depending on the administration to which the application is submitted and whether the applicant's family members are included in the application. The necessary documents, detailed information on filling out the application and a sample application can be downloaded, for example, from the website of the Lower Silesian Voivodeship Administration in Wrocław https://www.duw.pl/pl/obsluga-klienta/obywatelstwo/karta-polaka-swiadczeni/12701,Karta-Polaka-swiadczenie-pieniezne-karta-uslugi.html . 

Consideration of submitted applications takes place immediately after receipt of funds intended for the payment of financial assistance. Unfortunately, the funds earmarked for this purpose in a particular budget year can be exhausted quite quickly, so it can take from several months to several years for a decision to be made and, if necessary, for the funds to be disbursed. Follow the correspondence from the voivodeship administration and, if you change your place of residence, immediately notify the relevant authority in writing. In addition, you must provide the necessary documents if the previous ones are no longer valid or out of date.

Stamp duty for issuing a permanent residence permit

As a rule, the stamp duty for issuing a permanent residence permit is PLN 640. However, it is not charged, in particular, from persons who have received asylum in Poland, as well as from holders of a valid Pole's Card. In addition, people who receive social assistance due to poverty have the opportunity to be exempted from paying stamp duty.

If it is necessary to pay a stamp duty, when applying for a permanent residence permit, you must present a document confirming the payment of the stamp duty. The amount can be paid at the cash desk of the voivodship administration, where the case is being considered, or transferred to the appropriate bank account.

If a representative is appointed in the case, a stamp duty of 17 zlotys is additionally charged. The fee is not charged if the trustee is the foreigner's husband or wife, as well as in the case of the foreigner's parents, children or siblings.

After receiving a positive decision, it is necessary to pay the fee for issuing a beaten card, which is 100 zlotys. Foreigners who meet one of the following criteria can take advantage of a 50% discount for issuing or exchanging a debit card: they are in a difficult financial situation; are in Poland for the purpose of studying in secondary or higher education; are minors who have not reached the age of 16 on the day of submitting the application for the issuance or exchange of the document, and in the case of the issuance of the first residence card - on the day of the submission of the application for the issuance of a temporary residence permit, permanent residence permit or residence permit of a long-term resident of the EU .

Next steps

After submitting the application, you need to wait for the decision of the authority. It is worth remembering that you should regularly check the correspondence you receive from the voivodship administration considering your application. If the address for correspondence changes, it is necessary to inform the administration about this change. If the application contains errors or omissions, the voivodeship administration will contact you to correct or supplement the application. The same applies to an application for financial assistance, if it concerns a foreigner. A permanent residence permit is issued in the form of an administrative decision (printed on paper). After receiving the decision, you should check whether it does not contain errors, whether the entered data is correct, including the name and surname of the person applying for a permit. If errors are detected, for example, so-called typographical errors in the name and surname or an incorrect date of birth, you should request that the obvious error be corrected. After the decision has been verified according to the instructions, it is necessary to pay the fee for the residence permit and complete the formalities for obtaining it according to the procedure of the relevant administration.

Terms of issuing a decision on granting a permanent residence permit

The deadline for making a decision on granting a permanent residence permit may vary depending on individual circumstances, the place of application submission, as well as the workload of the relevant authority. The deadline set by the law for making a decision on granting a permanent residence permit after the amendments to the Law on Foreigners dated December 12, 2013 is 6 months. The specified term is counted from the last of the following events: submission of an application for obtaining a permanent residence permit by a foreigner in person or his personal presence at the voivodship administration after submitting the application, except for cases when personal presence is not mandatory; or submitting an application for a permanent residence permit without formal deficiencies or when such deficiencies have been corrected; or after the foreigner provides the documents necessary to confirm the data specified in the application and the circumstances justifying the application for obtaining the specified permit, or after the deadline set by the voivode has expired to no avail for the submission of specific documents.

Currently, the waiting time for consideration of an application for a permanent residence permit in Poland may be longer due to the suspension until March 4, 2024 of the deadlines for consideration of cases related to specific permits, including permits for permanent residence in Poland. When submitting an application, you should remember to carefully fill out the application and provide all the necessary attachments, which will certainly speed up the process of considering the case.

Final remarks

In conclusion, several important details should be emphasized. First, a foreigner must check whether he is eligible for a permanent residence permit and prepare the necessary documents based on his situation. An application for obtaining a permanent residence permit, as well as an application for receiving financial assistance, is addressed to the voivode responsible for the place of residence/stay of the foreigner who submits the application. After submitting the application, it is worth monitoring the correspondence, because in case of formal deficiencies, a corresponding summons will be sent to the address specified in the application. In the event of a change of address, updated data must be submitted to the administration. The process of obtaining a permanent residence permit may take some time, but after receiving a positive decision, all formalities related to obtaining a residence permit must be completed.