Long-term EU resident's residence permit

In accordance with article 211 of the Act on foreigners a long-term EU resident's residence permit is granted to a foreigner on his request, if he: 

  • has been residing uninterruptedly within the territory of the Republic of Poland for at least 5 years,
  • has had a stable and regular source of income for the previous 3 years (for „blue card” holders – 2 years),
  • has health insurance.

Most often, for a long-term EU resident's residence permit apply people who work or conduct business activity in Poland, and their family members (before the 1st of May 2014 a temporary residence permit for the purposes of family reunification was included in the required period of five years' residence).

Required documents:

  • 3 filled in and signed application forms,
  • 4 photos,
  • 2 passport copies
  • a legal title to the occupied apartment (Note! In this case a legal title to the apartment the foreigner lives in will not be considered to be a contract of lending for use unless the lender is a descendant, an ascendant, a spouse, the spouse's parents or the foreigner’s sibling),
  • an up-to-date confirmation of a foreigner's temporary registered residence,
  • documents confirming having a stable and regular source of income, sufficient to cover your costs of living, as well as the costs of living of dependent family members,
  • documents confirming having health insurance or coverage of treatment costs within the territory of the Republic of Poland coverage,
  • documents confirming the required five-year residence period in Poland, uninterrupted and legal residence in Poland, confirmation of a stable and regular income (e.g. PIT-37 for the previous 3 years),
  • a proof of a 640 PLN fee payment.

Five-year residence

Residence documents, on the basis of which a foreigner can reside in Poland may be included to the five-year period in 100%, 50% or may not be included at all.  Residence periods, which are included in the five-year period are listed in article 212 of the Act of 12 December 2013 on foreigners.

qualifying part of a foreigner's residence period

Residence basic

100% of legal residence within the territory of the European Unionj

if the foreigner has resided in this territory legally and uninterruptedly for minimum 5 years on the basis of a residence permit issued by a European Union Member State, referred to in Article 1 section 2 letter a of Regulation No 1030/2002, with an annotation “Niebieska Karta EU” (“EU Blue Card”), also within the territory of the Republic of Poland – for minimum 2 years immediately before filing an application for a long term EU resident’s residence permit on the basis of a temporary residence permit for the purposes of highly qualified employment (article 212 section 1 point 1)

100% of the time in Poland

during the proceedings on granting refugee status if this period has exceeded 18 months (article 212 section 1 point 2)

50% of the time in Poland 

in case of a foreigner residing within the territory of the Republic of Poland:

  1. based on a visa issued for the purpose referred to in article 60 section 1 point 9 or 10 (if a visa is issued for the purposes of attending first degree studies, second degree studies, uniform Master’s studies or third degree studies – purpose of issue „9”, or if a visa is issued for the purpose of vocational training – purpose of issue „10”),
  2. based on a permit referred to in article 144 (a permit for the purpose of obtaining higher education) or article 187 point 1 letter a and b (a temporary residence permit due to other circumstances may be granted to a
  3. foreigner if he intends to undertake or continue education or vocational training within the territory of the Republic of Poland),
  4. during the proceedings on granting refugee status (article 212 section 1 point 3);
0 %
  1. being an employee delegated by a service provider for the purpose of cross-border service provision or who is a service provider rendering cross-border services;
  2. who resides within the territory of the Republic of Poland on the basis of a Schengen visa authorising him only to enter this territory and stay in this territory, issued for the purpose referred to in article 60 section 1 point 23 (when a visa is issued for humanitarian reasons, due to the interest of the state or international commitments – purpose „23”);
  3. during the period of his education within the territory of the Republic of Poland (article 187 section 1 point 1 letter a);
  4. who has been obliged to return and the deadline for a voluntary return set out in a decision in this regard has not passed yet, also when this period has been extended;
  5. who is obliged to leave the territory of the Republic of Poland in the cases referred to in article 299 section 6;
  6. who is a member of the staff of a diplomatic mission or a consular post of a foreign state or another person treated equally under applicable laws, international treaties or generally recognised international customs;
  7. referred to in article 181 section 1 (a temporary residence permit due to circumstances requiring a short-term stay of a foreigner within the territory of the Republic of Poland)
  8. during the proceedings on granting him refugee status, where the proceedings were concluded with a refusal to grant him refugee status or subsidiary protection;
  9. on the basis of a local border traffic permit (article 212 section 2).

Aleksander arrived in Poland on the 1st of October 2011 on the basis of a one-year-long student visa (issued for 365 days), and for the next 2 years (from the 1st of October 2012 to 30 September 2014 – 730 days in total) was residing in Poland based on a residence card, issued in connection with full-time studies. Since the 1st of October 2014 he has had a residence permit for the purposes of work.
Assuming that up until the moment of applying for a long-term EU resident's residence permit Aleksander will be working, he will be able to submit such an application after 3.5 years (1,278 days) – on the 2nd of April 2018.

Method of calculation: 5 years (365 days x 5 years = 1,825 days) = 1,825 days – 182.5 days – 365 days = 1,227.5 days

Residence document

Validity period/number of days

What part of the period qualifies?

Number of days qualifying for the five-year period

Student visa 365 50 % 182,5

Residence card issued in connection with full-time studies

730 50 % 365

Residence card issued for the purpose of work

1278 100 % 1278

It has to be noted that during the proceedings it is the basis of issuing a visa or a residence card which is taken into consideration and not, for example whether a foreigner worked during the validity period of a visa granted for the purpose of studies (or the other way round – whether he was studying during the validity period of a residence card granted for the purpose of work). In the first case, included in the five-year residence period will be half of this period and in the second case – the entire period.

Uninterrupted residence

During the proceedings a voivode files a petition to the Border Guard to provide information on all arrivals and departures from Poland. Mainly on the basis of this information a decision is taken whether the residence was uninterrupted. An uninterrupted residence for 5 years does not mean that a foreigner cannot leave Poland during the whole period. It means that he has to have an uninterrupted right to reside in Poland during this period. Consecutive visas (e.g. one was terminated on the 12th of March 2014 and the next one is valid from the 13th of March 2014), as well as stamps in the passport confirming that an application was submitted qualify as uninterrupted residence.

During a five-year period qualifying to obtain a long-term EU resident\'s status a single departure from Poland cannot be longer than 6 months, while all periods of absence from the Republic of Poland cannot exceed 10 months in total within a five-year period necessary for obtaining a long-term EU resident\'s residence permit.

An exception to this rule are holders of a „blue card” in case of residence within the territory of another European Union member state – in their situation a single gap in residence cannot be longer than 12 months, while all absences cannot exceed 18 months in total within a five-year period

The period of residence outside of the Republic of Poland does not include a period of:

  1. performing professional duties or work outside the territory of the Republic of Poland, under an agreement entered into with an employer established within the territory of the Republic of Poland,
  2. accompanying a foreigner referred to above by his spouse or a minor child,
  3. exceptional personal situation requiring the foreigner’s stay outside the territory of the Republic of Poland for up to 6 months,
  4. departure outside the territory of the Republic of Poland for the purpose of internships or participating in classes provided for by the course of studies at a Polish university.

In the above mentioned cases proper documents have to be presented (e.g. a travel order and travel expenses).

Stable and regular source of income

As confirmation of fulfilling this condition a current work contract should be presented (an employment contract, a mandate contract, a contract for specific work), as well as PIT declarations on the value of the foreigner\'s income for the 3 years prior to submitting an application (in case of holders of a temporary residence permit for the purposes of highly qualified employment – for 2 years prior to submitting an application). The income during this period cannot be lower than:

  • for a person keeping a single household – 543 PLN net per month;
  • for a person in a family – 457 PLN net per month.

You can verify if you meet this criterion by analysing your PIT declarations. In case of PIT-37 the income, after all deductions, has to be divided by 12 months and then compared to the required minimum.

zezwolenie1

Additional documents

Presenting documents confirming that you have valid health insurance and a legal title to an apartment will be necessary. How much a foreigner spends on an apartment is not taken into account, and the legal title to an apartment may be a tenancy agreement or a deed of ownership, as well as a contract of lending for use from a descendant, an ascendant, a spouse, the spouse\'s parents or the foreigner\'s siblings.

 

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