Stay of a long-term EU resident

 you cannot apply for a permanent residence permit and you have been staying in Poland legally and continuously for at least 5 years immediately before submitting the application, you can apply for a long-term EU resident permit, which is granted for an indefinite period.

TO WHOM AND FOR WHICH PERIOD CAN BE GRANTED A STAY PERMIT FOR A LONG-TERM EU RESIDENT

A foreigner who resides in the territory of the Republic of Poland legally and continuously

for at least 5 years immediately before submitting the application for this permit and meets all of the following conditions:

1. has a source of stable and regular income sufficient to cover the costs of maintaining himself and his dependent family members;
2. has health insurance within the meaning of the Act of August 27, 2004 on health care services financed from public funds or confirmation of coverage by the insurer of treatment costs in the territory of the Republic of Poland.
3. has confirmed knowledge of the Polish language.

This permit is granted for an indefinite period.

EXCEPTIONS

1. In the case of mobile owners of the so-called EU Blue Card:

The required 5-year period of stay in the territory of Poland includes the total period of legal stay in the territory of the European Union, if the foreigner stayed legally and continuously in this territory for at least 5 years on the basis of a residence document issued by a Member State of the European Union with the annotation "Blue Card". EU", including in the territory of Poland - for at least 2 years immediately before submitting an application for a residence permit for a long-term EU resident based on a temporary residence permit for the purpose of performing work in a profession requiring high qualifications.

2. In the case of foreigners who stay for the purpose of studying or continue their legal stay in Poland after completing these studies:

Foreigners who stay in Poland to study are not eligible to apply

apply for a residence permit for a long-term EU resident. Foreigners staying in Poland with the intention of taking up or continuing education cannot apply for this permit either. Up to 5 years of stay, conditional on obtaining the above-mentioned. the permit includes half of the period of stay on the basis of a visa issued for the purpose of studying or on the basis of a temporary residence permit for the purpose of studies.

3. In the case of foreigners who have refugee status, half of the period of stay on the territory of the Republic of Poland during the proceedings for granting refugee status or the entire period of stay on the territory of the Republic of Poland during the proceedings for granting refugee status is included, if it exceeded 18 months.

4.

The 5-year period of stay in the territory of the Republic of Poland does not include the stay of a foreigner:

1) being an employee delegated by a service provider to provide cross-border services or being a service provider providing cross-border services;

2) staying in the territory of Poland on the basis of a Schengen visa authorizing only entry to the territory of the Republic of Poland and stay in this territory, issued for the purpose of arrival for humanitarian reasons, due to the interest of the state or international obligations, or;

3) during his/her studies in Poland;

4) who has been obliged to return and the deadline for voluntary return specified in the decision on this matter has not yet expired, also in the event of an extension of this deadline;

5) who is obliged to leave the territory of Poland in the event of refusal to grant or withdrawal of a residence permit, or in the event of refusal to grant or withdrawal of international protection, or

6) being a member of a diplomatic mission or consular post of a foreign country or another person treated as such on the basis of laws, international agreements or generally established international customs;

7) on the basis of a temporary residence permit for the purpose of performing work as part of an intra-corporate transfer or a temporary residence permit for the purpose of using long-term mobility of a managerial employee, specialist or employee undergoing an internship, as part of an intra-corporate transfer or a temporary residence permit due to for circumstances requiring a short stay;

8) in the course of proceedings to grant him refugee status, if the proceedings ended with a refusal to grant refugee status or subsidiary protection;

9) on the basis of a permit to cross the border under local border traffic.

The stay of a foreigner constituting the basis for granting him a long-term resident's EU residence permit is considered uninterrupted if none of the interruptions:

1. was not longer than 6 months, all breaks did not exceed 10 months in total

in the case of stay in the territory of the Republic of Poland;

2. was not longer than 12 months and all breaks did not exceed a total of 18 months in the case of stay in the territory of another European Union Member State of a foreigner with a temporary residence permit for the purpose of performing work in a profession requiring high qualifications.

The period of stay required to obtain this permit is not interrupted by periods of absence from the territory of Poland caused by:

1. the foreigner's performance of professional duties or work outside the territory of the Republic of Poland on the basis of an agreement concluded with an employer whose seat is located in the territory of the Republic of Poland, or
2. accompanying the foreigner referred to in point 1 by his spouse or minor child, or
3. a special personal situation requiring the foreigner's presence outside the territory of the Republic of Poland and lasting no longer than 6 months, or
4. traveling outside the territory of the Republic of Poland in order to complete an internship or participate in classes planned for the course of studies at a Polish university

DEADLINE FOR SUBMITTING THE APPLICATION

The foreigner submits the application in person, no later than on the last day of legal stay on the territory of the Republic of Poland, to the voivode competent for the place of stay.

In the case of a foreigner who is a minor, an application for a long-term EU resident permit is submitted by the parents or guardians appointed by the court, or by one of the parents or one of the guardians appointed by the court.

When submitting an application for a long-term EU resident's residence permit to a foreigner who is a minor over 6 years of age, his or her presence is required.

If the application is not submitted in person or is sent by post, after the application is delivered to the voivode, the foreigner will be summoned to appear in person on the date specified in the summons under pain of the application being left without consideration.

NECESSARY DOCUMENTS

1. Application form for a long-term EU resident permit completed in accordance with the instructions;
2. Three current photographs - in the case of minors up to 13 years of age, two photographs;
3. A copy of a valid travel document, in particularly justified cases when the foreigner does not have a valid travel document and is unable to obtain it, may present another document confirming identity,
4. Legal title to the occupied residential premises in which the foreigner resides (an agreement to lend a premises is not considered a legal title, unless the lender is a descendant, spouse, parents of the spouse or siblings of the foreigner).

TYPICAL DOCUMENTS NEEDED TO PROCESS THE APPLICATION

Documents prepared in a foreign language serving as evidence in the proceedings should be submitted together with their translation into Polish by a sworn translator.

1. documents confirming at least 5 years of legal stay in Poland (mobile holders of the so-called EU Blue Card - 5 years of uninterrupted stay in the territory of EU Member States on the basis of this permit granted to them by another EU country, including 2 years of uninterrupted stay in Poland before submitting an application based on a temporary residence permit for the purpose of performing work in a profession requiring high qualifications);
2. documents confirming that the stay on the territory of Poland was uninterrupted or documents confirming the reasons for interruptions in the stay;
3. documents to certify the source of stable and regular income sufficient to cover the costs of living for yourself and your dependent family members (for a single person - in the amount higher than PLN 776 net per month, for a person in a family - in the amount higher than PLN 600 net monthly) for the last 3 years before submitting the application (in the case of mobile holders of the so-called EU Blue Card - for 2 years before submitting the application), e.g. PIT returns on the amount of the foreigner's income for the above-mentioned period, employment contract, mandate contract covering this period;
4. a document confirming having health insurance within the meaning of the Act of August 27, 2004 on health care services financed from public funds or confirmation of coverage by the insurer of the costs of treatment in the territory of the Republic of Poland.
5. documents confirming knowledge of the Polish language, which may be:
6. a) officially certified knowledge of the Polish language, referred to in Art. 11a of the Act of October 7, 1999 on the Polish language at a language proficiency level of at least B1;
7. b) certificate of completion of school in the Republic of Poland within the meaning of Art. 2 point 2 of the Act of December 14, 2016 - Educational or higher education law within the meaning of the Act of July 20, 2018 - Law on higher education and science with Polish as the language of instruction;
8. c) a certificate of completion of a school or university with Polish as the language of instruction abroad, corresponding to the school or university within the meaning of Art. 2 point 2 of the Act of December 14, 2016 - Education Law or the Act of July 20, 2018 - Law on Higher Education and Science.

On June 24 this year changes to the provisions of the Act of December 12, 2013 on foreigners (Journal of Laws of 2023, item 519, as amended) entered into force, which referred to official certification of knowledge of the Polish language. Currently, knowledge of the Polish language may be confirmed by the foreigner also using other certificates of knowledge of this language at least B1 level.

The Minister of Interior and Administration issued a regulation of May 31, 2023 on the list of certificates of knowledge of the Polish language confirming the knowledge of this language required to grant a residence permit for a long-term resident of the European Union, which also entered into force on June 24, 2023.

The annex to this regulation specifies the following certificates of knowledge of the Polish language at the level of at least B1:

1. certificate of knowledge of the Polish language referred to in Art. 11a section 2 of the Act of October 7, 1999 on the Polish language (a document confirming knowledge of the Polish language as in the current legal status);
2. certificates of the following institutions:

• European Consortium for the Certificate of Attainment in Modern Languages (ECL),
• telc GmbH, WBT Weiterbildungs-Testsysteme GmbH (TELC);

3. a certificate confirming knowledge of the Polish language in accordance with the Common European Framework of Reference for Languages issued by the university:

• approved by the minister responsible for internal affairs for the purposes of admitting foreigners to undertake or continue studies pursuant to Art. 144 section 4 of the Act on Foreigners;
• not subject to the approval requirement in accordance with Art. 144 section 5 of the Act on Foreigners (e.g. academic university, public vocational university) and in relation to which no decision prohibiting the admission of foreigners referred to in Art. 144a section 1 of the Act on Foreigners;

- after passing classes in Polish as a foreign language or completing another form of education in Polish as a foreign language;

4. a certificate of acquisition of authorization to practice the profession of a sworn translator issued by the Minister of Justice according to the template specified in the Regulation of the Minister of Justice of January 24, 2005 on the template of a certificate confirming the authorization to practice the profession of a sworn translator and the method of maintaining a list of sworn translators, or a certificate confirming entry on the list of sworn translators.

The new catalog of certificates of knowledge of the Polish language applies to proceedings for granting a residence permit for a long-term resident of the EU, which were not completed by June 24, 2023. In these proceedings, foreigners may therefore demonstrate the existence of confirmed knowledge of the Polish language using the documents included in the above directory.

The requirement to know the Polish language does not apply to a minor foreigner who is under 16 years of age by the date of submitting the application for a long-term EU resident permit.

If there is a need to clarify or specify the evidence held by the authority in the case during the proceedings, the foreigner may be asked to provide other documents or to testify confirming the circumstances referred to in the application.

FEES RELATED TO GRANTING A STAY PERMIT FOR A LONG-TERM RESIDENT OF THE EU

The stamp duty is PLN 640

The fee for issuing a residence card is PLN 100.

In the case of minors up to 16 years of age, the fee is PLN 50