Permanent residence card of a family member of an EU citizen

Requirements

In order for a foreigner to be able to obtain a permanent residence card, it is necessary for the foreigner to meet the following requirements in accumulative manner:

• is not an EU citizen within the meaning of migration rules (i.e., is a third-country national or a stateless person)

• is a family member of an EU citizen or a citizen of the Republic of Poland who has been listed in the regulations as entitled to exercise the right of residence in Poland (seethe explanation in the "Residence card" tab – "Requirements.)

• stayed in Poland continuously for at least 5 years preceding the submission of the application for a permanent residence card, with the proviso that uninterrupted residence does not mean the absence of any departures from Poland and that the stay is interrupted by the execution of the decision on expulsion from the territory of Poland and the imprisonment of a family member who is not an EU citizen.

• his stay during this period was in accordance with the Regulations applicable to the acquisition and retention of the right of residence by a family member of an EU citizen who is not an EU citizen in Poland (see the explanation in the "Residence card" tab – "Requirements.)

• complete the formal requirements, including submit the application in person, on the form, along with photographs and other necessary attachments, as well as show a valid travel document and submit fingerprints.

Remember!

• In certain cases, it is possible to acquire the right of permanent residence after a period of uninterrupted residence in Poland for less than 5 years.

  A worker and a self-employed person with EU citizenship acquire the right of permanent residence after the expiry of:

• 3 years of uninterrupted residence – in the case of retirement (including early retirement), if immediately before for a period of 12 months they performed work or other gainful activity in Poland in their own name and on their own account, with the proviso that in the case of a spouse of a citizen of the Republic of Poland, the above-mentioned requirements regarding the length of stay and the period of work are not applicable.

• 2 years of uninterrupted stay – if they ceased to perform work or other gainful activity in their own name and on their own account due to permanent incapacity for work (if the incapacity for work is the result of an accident at work or an occupational disease and in the case of a spouse of a citizen of the Republic of Poland, the requirement regarding the length of stay does not apply);

• 3 years of uninterrupted residence – if after 3 years of uninterrupted stay and performance in Poland of work or other gainful activity in their own name and on their own account performs work or other gainful activity in their own name and on their own account in another EU country, still staying in Poland (i.e., returning to Polish at least once a week)

- and consequently, this right is also acquired by their family members staying with them in Poland after that time.

• The method of calculating the period of residence required to establish the acquisition of the right of permanent residence is specific.

The stay is considered uninterrupted if none of the breaks was longer than 6 months and the breaks did not exceed a total of 6 months in a given year.

The stay is not interrupted by a temporary absence from Poland, which is caused by:

• necessary compulsory military service;

• an important personal situation (in particular related to pregnancy, childbirth, illness, studies, vocational training, secondment), requiring the presence of the foreigner outside Poland, provided that the break lasted no longer than 12 consecutive months;

The stay is interrupted by the execution of the expulsion decision and the imprisonment of a family member who is not an EU citizen– in the event of a return to Polish the stay is calculated from that date.