Permanent residence permit

A permanent residence permit for an indefinite time is granted to a foreigner at his request if he meets at least one of the prerequisites from article 195 section 1 of the Act of 12 December 2013 on foreigners. For example

1) is a child of a foreigner who has been granted a permanent residence permit or a long term EU resident’s residence permit, of whom such a foreigner has parental custody:

1. born after this foreigner was granted a permanent residence permit or a long-term EU resident's residence permit, or 
2. born within the period of validity of the temporary residence permit granted to this foreigner (article 195 section 1 point 1),

Therefore, if a foreigner's child was born after this foreigner obtained a permanent residence permit (former name: a settlement permit) or a long term EU resident’s residence permit or if it was born while the foreigner's temporary residence permit was still valid – then it has the right to permanent residence in Poland. In such a case, together with an application form and the set of required attachments, you have to submit a copy of a birth certificate and a copy of the decision granting permanent residence or a long term EU resident’s residence permit or a statutory representative’s residence card. The place of the child's birth is of no importance. More on this subject can be read in the article: Child in Poland.

2) is a child of a citizen of the Republic of Poland in his/her parental custody (article 195 section 1 point 2),

A child of a Polish citizen may get Polish citizenship but if the parents decided otherwise, applying for permanent residence is possible. Together with an application form and the set of necessary attachments you have to submit a copy of a birth certificate and a copy of a statutory representative’s ID.

3) is a person of Polish origin and intends to settle in the territory of the Republic of Poland on a permanent basis (article 195 section 1 point 3),

It has to be noted here that a person of Polish origin is recognised as (according to article 5 of the repatriation act of 9 November 2000) a person declaring Polish nationality, meeting the following conditions:

demonstrating links with Polish provenance, in particular by cultivating Polish language, traditions and customs and (at least one of the following)
+ Or at least one of his parents or grandparents or both great-grandparents were of Polish nationality	+ Or who had Polish citizenship in the past	+ Or at least one of his parents or grandparents or both great-grandparents had Polish citizenship

Apart from the standard set of documents the following have to be submitted:

• originals of documents certifying that one of the parents, grandparents or by both great-grandparents are/were of Polish origin,
• documents confirming kinship with a person of Polish origin (in a case of presenting copies of documents confirming Polish origin, the above mentioned documents should have an apostille clause).

Documents confirming Polish origin or citizenship of ancestors have to be attached to the application (with a Polish sworn translation). The link with Polish provenance will be verified during an interview with an employee of the Department for Foreigners.

It should also be remembered that proofs confirming Polish origin may be documents issued by Polish national or church authorities, as well as by the authorities of the former Union of Soviet Socialist Republics. This means that, e.g. documents issued by Ukrainian and Belarusian authorities after those countries gained independence cannot be used as a confirmation of Polish origin.

4) had been married under Polish law to a national of the Republic of Poland for minimum 3 years prior to the date on which he/she filed an application for a permanent residence permit, and, immediately before filing such a permit, resided uninterruptedly in the territory of the Republic of Poland for a period of no less than 2 years on the basis of a temporary residence permit granted in connection with being married to a national of the Republic of Poland or in connection with being granted refugee status, subsidiary protection or a residence permit for humanitarian reasons (article 195 section 1 point 4)

In most cases this means that after concluding a marriage a foreigner can apply for a permanent residence permit but not earlier than after 3 years. Additionally, for the previous 2 years he should have held a proper residence card issued on the grounds of marriage to a Polish citizen and not for example on the grounds of a work permit. Being a spouse of a Polish citizen alone does not give the right to permanent residence. Apart from the standard set of documents, the following have to be attached:

• an up-to-date copy of a marriage certificate (issued no earlier than 3 months prior to submitting the application),
• a copy of the spouse's ID,
• in case of having common children – copies of birth certificates,
• a certificate of fulfilling tax obligations towards the State's Treasury.

5) has a valid Pole’s Card (Karta Polaka) and intends to settle in the territory of the Republic of Poland on a permanent basis (article 195 section 1 point 9)

Since 1st of May 2014 all persons holding a Pole's Card and planning to settle in Poland on a permanent basis may obtain a permanent residence permit. During such proceedings a foreigner does not have to demonstrate his link with Polish provenance, nor present additional documents confirming Polish origin. Apart from the standard set of documents the following have to be submitted:

• a copy of a valid Pole's Card with the original for perusal,
• documents confirming the intent to settle in Poland on a permanent basis (e.g. a deed of ownership of an apartment within the territory of the Republic of Poland or other documents proving you have the legal title to an apartment within this territory, e.g. a tenancy agreement, other documents valid currently and in the future, confirming performing work in Poland, conducting business activity, proofs that family members permanently reside in Poland, a certificate issued by an institution providing education in Poland on pursuing education or a copy of a student ID with the original for perusal).

There is also a possibility to obtain a permanent residence permit for victims of human trafficking, persons having an asylum in Poland, a refugee status, enjoying subsidiary protection, having a consent for stay for humanitarian reasons, or for tolerated stay. Conditions for these categories of persons are described in article 195 section 1 point 5-8 of the Act of 12 December 2013 on foreigners.

The standard set of documents required in proceedings on a permanent residence permit, is:

Formal requirements:

3 filled in and signed application forms, the foreigner’s personal presence, fingerprints provided, 4 photos, 2 passport copies a proof of payment of the proceeding fee – 640 PLN. NOTE! The number of copies of these documents may vary depending on different voivodeships.