Residence permit of a long-term eu resident in Poland

Prepared by the Rule of Law Institute Foundation at the request of the Danish Refugee Council

October 2, 2023

Residence permit of a long-term EU resident and residence permit

The residence permit of a long-term resident of the European Union allows a citizen of a third country (i.e. a person who has the citizenship of a country that is not a member of the European Union or Norway, Iceland, Liechtenstein or Switzerland) or a stateless person (i.e. a person who does not have the citizenship of any country recognized by international law) that fulfills the relevant conditions. The permit is issued indefinitely on the basis of the submitted application. After receiving a positive decision on granting a residence permit to a long-term resident of the EU, the foreigner receives a residence permit (karta pobytu). A residence permit is an official document that confirms the status of a long-term resident of the EU and the right to legal stay in Poland. In the case of a residence permit for a long-term resident of the EU, the residence permit is issued for a period of 5 years. After this time, it is only necessary to replace the permit, since the permit decision itself is issued indefinitely. The replacement of the passport is carried out on the basis of the statement of its owner. A residence permit confirms the legal status of stay during the period for which it was issued and entitles a foreigner to work in Poland. At the same time, during its validity period, it confirms the identity of a foreigner 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.

Foreign nationals who have the right to obtain a long-term EU resident's residence permit and the requirements they must fulfill

According to the Law of December 12, 2013 on foreigners, a foreigner has the right to apply for a long-term EU resident residence permit if he meets the following requirements:

· is a citizen of a third country (that is, a person who has the citizenship of a country that does not belong to the European Union or Norway, Iceland, Liechtenstein or Switzerland), or a person without citizenship,

· has been legally and continuously in the territory of Poland for at least 5 years immediately before submitting the application (more details about the method of calculating the period of stay will be described later in this article),

· has a stable and regular source of income sufficient to support himself and his/her dependent family members, if any (income requirements are described below),

· has a confirmed knowledge of the Polish language (according to the specific procedure described below),

· has medical insurance in the sense of the law of August 27, 2004 on medical services financed from public funds, or confirmation that the insurer covers the costs of treatment in Poland,

· meets the formal requirements for submitting an application for a residence permit for a long-term resident of the EU (filling out the application and attaching the necessary documents).

Returning to the above conditions, it is worth emphasizing that special standards and procedures have been established to determine their fulfillment. For example, the period of stay of a foreigner in Poland in accordance with the Law on Foreigners is counted towards the 5-year period of stay on the territory of Poland, which opens the possibility to submit an application for obtaining a residence permit of a long-term resident of the EU. Thus, in case of stay on the basis of:

· a visa issued for the purpose of studying in Poland at the bachelor's, master's, single master's or doctoral school level, or a visa for the purpose of professional training,

· a temporary residence permit issued for the purpose of study or on the basis of other circumstances (for example, vocational training),

proceedings regarding the provision of international protection (if the duration of the proceedings does not exceed 18 months),

when applying for a residence permit of a long-term resident of the EU, only half of the actual period of residence of a foreigner will be taken into account.

At the same time, the above-mentioned 5-year period does not include the stay of a foreigner:

· if he is an employee, a delegated supplier for the purpose of cross-border provision of services or is a supplier providing cross-border services;

· is in the territory of Poland on the basis of a Schengen visa, which allows only entry and stay in the territory of the Republic of Poland, issued for humanitarian reasons, in the interests of the state or due to international obligations, or;

· during his studies in Poland;

· who was obliged to leave the territory of Poland and the period of voluntary return specified in the decision issued in this case has not yet expired, also in case of extension of this period;

· who was obliged to leave the territory of Poland in case of refusal to grant or cancellation of a residence permit, or in case of refusal to grant or cancellation of international protection;

· who is a member of a diplomatic mission or consular institution of a foreign state or another person equated to them in accordance with laws, international treaties or generally accepted international customs;

· on the basis of a temporary stay permit for the purpose of intra-corporate transfer or a temporary stay permit for the purpose of long-term mobility of management personnel, a specialist or an intern, on the basis of an intra-corporate transfer or a temporary stay permit due to circumstances requiring a short-term stay;

· during consideration of an application for granting refugee status to a foreigner, if the proceedings ended with a decision to refuse to grant refugee status or additional protection;

· on the basis of permission to cross the border in the mode of small border traffic.

Other periods of stay, such as stays based on a temporary residence permit and work, are counted according to their actual duration. In addition, according to the law on foreigners, the total period of legal stay in the territory of the European Union also includes the entire period, if the foreigner has legally and continuously lived in the territory of the European Union for at least 5 years on the basis of a residence permit marked "EU Blue Card", issued by a member state of the European Union, and during these 5 years he lived in the territory of the Republic of Poland for at least 2 years before submitting the application.

In addition, it is worth remembering that the stay of a foreigner is considered continuous, provided that none of the breaks that took place:

· did not exceed 6 months, and the total duration of all breaks did not exceed 10 months during the 5-year period required to obtain a residence permit for a long-term resident of the EU (in practice, a continuous stay is often counted for a period longer than 5 years, in particular, if the applicant was in of Poland on the basis that it allows to count only half of the actual stay or does not allow to count the stay at all),

· did not exceed 12 months, and the total duration of all breaks did not exceed 18 months - in the case of a foreigner who is in the territory of another member state of the European Union on the basis of a temporary stay permit for the purpose of performing work in a profession that requires high qualifications.

Exceptions to the above rule, which do not interrupt the 5-year period required to obtain this permit, are as follows:

· performance of professional duties by a foreigner or provision of work outside the territory of Poland on the basis of a contract concluded with an employer whose head office is located on the territory of Poland, or

· accompanying a foreigner (husband/wife, minor child) during a family member's business trip abroad, or

· a special life situation that justifies the foreigner's stay outside the territory of Poland and is limited to a period not exceeding 6 months, or

· traveling outside of Poland for the purpose of an internship or participation in classes that are part of the curriculum at a Polish higher education institution.

The requirement to have a stable and regular source of income applies not only to the moment of submitting an application for a residence permit of a long-term resident of the EU, but also to the day of making a decision in the case, based on the desire of the legislator that the income of the applicant for this type of permit should be characterized by permanence and continuity, which, in turn, would be a guarantee of covering the living expenses not only of the applicant, but also of his dependent family members. For this reason, the applicant must prove that such a source of income existed during the three years preceding the submission of the application. However, in the case of a person who has lived in the European Union for at least five years on the basis of residence documents marked "Blue Card" (of which at least 2 years are in Poland), such a source of income must be demonstrated only for the last two years. It should be remembered that the income of the applicant during the entire period, which is taken into account in the process of considering the case for granting a permit, must exceed 776 zlotys per month - if he is a person who runs a household independently and has no dependent family members, or PLN 600 per month for each family member.

Another condition for obtaining a residence permit for a long-term resident of the EU is knowledge of the Polish language, which can be confirmed by submitting one of the following documents to the authority:

· a document (certificate) confirming completion of school in Poland, including primary or secondary school (including post-lyceum (policealna) school), with instruction in the Polish language,

document (diploma) on graduation from a university in Poland with the Polish language of instruction,

· a document on graduation from a school or university abroad with the Polish language of instruction,

· a certificate confirming knowledge of the Polish language at a level not lower than B1:

o State certificate of knowledge of the Polish language, issued by the State Commission for Certification of Knowledge of the Polish Language,

o a certificate from the European Consortium for Language Education (ECL) or a certificate from telc GmbH, WBT Weiterbildungs-Testsysteme GmbH (TELC),

o a certificate confirming knowledge of the Polish language in accordance with the Pan-European recommendations on language education of the Council of Europe, issued by a higher educational institution after completion and completion of courses in Polish as a foreign language or other types of courses in the field of teaching Polish as a foreign language,

o a certificate of qualification and certification of a sworn translator, issued by the Minister of Justice in accordance with the established model, which confirms the right to practice the profession of a sworn translator, or a certificate of inclusion in the list of sworn translators.

It is worth noting that the requirement to confirm knowledge of the Polish language does not apply to a child of a foreigner who has not reached the age of 16 on the day of submitting the application.

Importantly! Citizens of Ukraine who came to Poland in connection with military operations in Ukraine and enjoy temporary protection (have a PESEL with UKR status) cannot currently apply for a residence permit of a long-term resident of the EU, and if the application is from such a person comes to the administration, the foreigner will be denied the opening of proceedings for granting such a residence permit. The above follows from the law on foreigners, which states that a foreigner is denied the opening of proceedings if he is enjoying temporary protection on the day of submitting the application for the aforementioned residence permit. Therefore, it is worth constantly monitoring changes in Polish legislation and checking whether the applicant fulfills all the criteria for obtaining a permit.

The procedure for granting a residence permit to a long-term resident of the EU

In order to obtain a residence permit for a long-term resident of the EU, 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 it.

The application for obtaining a residence permit of a long-term resident of the EU is submitted to the name of the voivode corresponding to 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 (government) ; the list of voivodeship offices can be found on the website:https://www.gov.pl/web/gov/uw).

There are two ways to apply for a residence permit for a long-term resident of the EU. First, with the help of the post office or reception office in the premises of the 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 remove the so-called formal deficiencies, which consist in submitting fingerprints and checking documents based on the originals. The de facto proceedings begin 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 voivodship 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 such a case, the decision-making time for granting a residence permit to a long-term resident of the EU 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.

It is more convenient to submit an application by mail or reception office when it is not possible to make an online reservation (arrangement of a visit) and it is necessary to meet the deadline for submission (if all requirements are met, the stay will continue to be considered legal from the moment of sending the application or submitting documents through the reception office , and not from the moment of elimination of formal deficiencies in your application).

In the case of a child of a foreigner, an application for obtaining a permit can be submitted by his or her parents or one of the parents, or guardians appointed by the court, or one of them. In the case of an unaccompanied child, the person who has the right to submit an application is the guardian. If the child has reached the age of six, his presence when submitting an application to the administration is mandatory. On the other hand, for a person who is totally incapacitated, a court-appointed guardian may apply for a permit.

If the application was submitted during a legal stay and it does not contain any formal deficiencies or such deficiencies were eliminated within the specified period, the voivode confirms this in the foreigner's travel document with a stamp. Then the foreigner's stay is considered legal from the date of submission of the application until the moment when the decision to grant a residence permit to a long-term resident of the EU becomes final.

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 number, 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 residence permit to a long-term resident of the EU is issued for an indefinite period of time. The residence permit itself, as mentioned in the introduction, is issued for a period of 5 years. After this period, there is no need to apply for a new permit, you only need to replace the card 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. Exclusively, a seal impression does not grant such rights - a foreigner can leave for the country of origin or permanent residence, but in order to return to Poland, he must have an appropriate authorization document (for example, a visa-free regime, a valid visa, a valid residence card), which gives him right of entry.

Requirements for an application for a residence permit for a long-term resident of the EU

Depending on the voivodship in which a foreigner applies for a long-term EU resident residence permit, and on what basis he applies for this permit, there may be certain differences regarding the documents that the voivode will require. 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 residence permit of a long-term resident of the EU - in addition to the completed and signed application form, which can be downloaded from the website of, for example, the Podlaskie Voivodeship Administration in Białystok in the "necessary documents" section https://www.gov.pl/web/uw-podlaski/zezwolenie-na-pobyt-rezydenta-dlugoterminowego-ue is:

· 4 recent photographs (undamaged, 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 line of the eyes should be parallel to the upper edge of the photo);

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 and does not raise any doubts;

· confirmation of stamp duty payment;

· a document on the right to use residential premises (for example, an apartment rental agreement, in some situations, e.g. a foreigner's wife/husband, children, parents, brothers/sisters - a contract for free use (użyczenie lokalu)) in which the foreigner currently lives ,

certificate of registration (zameldowanie),

· documents confirming the necessary 5-year period (according to calculations) of legal stay on the territory of Poland (for example, a decision to grant permission for temporary stay and work, visas),

· documents confirming that the aforementioned stay was continuous (for example, in the form of a foreigner's declaration) on the territory of Poland or documents explaining the reasons for breaks in the stay,

· a document confirming the availability of medical insurance,

documents confirming a stable and regular source of income sufficient to support both the applicant and his dependent family members for the last 3 years before the application, or for the 2 years before the application in the case of mobile owners the so-called "blue card" (for example, a declaration of income (PIT) received by a foreigner for the previous 3 or 2 years, respectively, an employment contract or an employment contract), as well as a current source of income (for example, an employment contract or employment contract),

· documents confirming knowledge of the Polish language (for example, a diploma of graduation from an educational institution in the Polish language, a corresponding certificate of knowledge of the Polish language).

Above are the most common documents on the basis of which you can apply for a residence permit for a long-term resident of the EU on the territory of the Republic of Poland. 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-rezydent/wprowadzenie. 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 documents (for example, the number of photographs) 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 specified documents can significantly delay the consideration of the case. The authorized body considering the application may require the foreigner to supplement the missing documents. Before submitting the application, it is important to carefully check whether all the necessary documents have been attached to the application.

Stamp duty for issuing a residence permit for a long-term resident of the EU

The size of the stamp duty for issuing a residence permit to a long-term resident of the EU is PLN 640.

If it is necessary to pay a stamp duty, when submitting an application for a residence permit for a long-term resident of the EU, a document confirming the payment of this payment must be presented. The amount can be paid at the cash desk of the voivodship administration, where the case will be 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 a fee for issuing a residence card, which is PLN 100. Foreigners who fall under one of the following criteria can take advantage of a 50% discount for issuing or exchanging a residence 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, a permanent residence permit or a 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 (mail) you receive from the voivodship office that is considering your application. If the address for correspondence changes, it is necessary to notify about this change immediately. If the application contains errors or omissions, the voivodship administration will contact you to correct or supplement the application. The residence permit of a long-term resident of the EU is issued in the form of an administrative decision (printed document). After receiving the decision, you should check whether it does not contain errors, whether the personal data, including the name and surname of the person who applied for a residence permit, is entered correctly. If errors are detected, for example, so-called typographical errors in the name/surname or an incorrect date of birth, you should request that the obvious error be corrected. After the decision has been verified in accordance with the instructions, it is necessary to pay the fee for the residence card and complete the formalities for obtaining it - in accordance with the procedure of the relevant administration.

Terms of issuing a decision on granting a residence permit to a long-term resident of the EU

The deadline for making a decision on granting a residence permit to a long-term resident of the EU may vary depending on individual circumstances, the place of submission of the application, as well as the workload of the relevant authority. The term established by the law for making a decision on granting a residence permit to a long-term resident of the EU is 6 months. The specified term is counted from the last of the following events: submission of an application for a residence permit of a long-term resident of the EU in person by a foreigner 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 residence permit of a long-term resident of the EU 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 fruitless expiration of the deadline set by the voivodeship for the submission of specific documents.

Currently, the waiting time for consideration of an application for a long-term EU resident's residence permit in Poland may be longer due to the suspension until March 4, 2024 of the terms of consideration of cases related to specific permits, including permits for unsuccessful long-term EU residents. 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, the foreigner must check whether he is eligible for a long-term EU resident residence permit and prepare the necessary documents according to his situation and circumstances. The application for obtaining a residence permit of a long-term resident of the EU is addressed to the voivode corresponding to the place of residence/stay of the foreigner who submits the application. After submitting the application, you should monitor the correspondence, because in case of formal deficiencies, a letter with a summons from the body will arrive at the address indicated in the application. In the event of a change of address, updated data must be submitted to the administration. The process of obtaining a residence permit for a long-term resident of the EU may take some time, but after receiving a positive decision, all formalities related to obtaining a residence card must be completed.