Permanent residence permit

Proceedings in the case

In the proceedings for granting a permanent residence permit on the territory of the Republic of Poland, only a foreigner is a party. There are they (or, in the case of a minor, their authorized representative) who fills out the application in the MOS, then prints it, signs it and submits it in person along with the necessary documents. In these activities, the foreigner may not be replaced by a representative.

The authority competent to consider the application is the voivode competent for the place of residence of the foreigner – this voivode accepts the application from the foreigner, initiates (or refuses to initiate) and conducts proceedings regarding granting them a permanent residence permit. The body of a higher degree in relation to the voivode is the Head of the Office for Foreigners.

The administrative procedure for granting a permanent residence permit shall be initiated upon request expressed in the application.

As a rule, apart from the case of failure to submit fingerprints, the voivode refuses to initiate proceedings if, on the day of submitting the application for this permit,at least one of the following countslisted in Article 196(1) of the Act on Foreigners ispresent:

• the foreigner stayed in Poland illegally, with the exception of a minor child of a foreigner born on the territory of the Republic of Poland, who has been granted a permanent residence permit or a long-term EU resident permit, and to the child of a Polish citizen who remains underparental authority of thatcitizen, as well as a foreigner who has been granted asylum in Poland;

• the foreigner stayed in Poland on the basis of a Schengen visa authorizing only to enter the territory of the Republic of Poland and stay on this territory issued for the purpose referred to in Article 60 paragraph 1 point 23 of the Act on Foreigners (i.e. arrival for humanitarian reasons, due to the interest of the state or international obligations), with the exception of a foreigner who has been granted asylum in Poland and a foreigner who has Polish origin and intends to settle in Poland;

• the foreigner stayed in Poland on the basis of a permit referred to in Article 181 of the Act on Foreigners (i.e. a permit granted due to circumstances requiring a short-term stay on the territory of the Republic of Poland), with the exception of a foreigner who was granted asylum in Poland and

• the foreigner stayed in Poland on the basis of a residence permit for a long-term EU resident, with the exception of a foreigner who was granted asylum in Poland;

• is detained, placed in a guarded centre or in custody for foreigners or a preventive measure is applied to them in the form of a ban on leaving the country, with the exception of a foreigner who has been granted asylum in Poland;

• is serving a custodial sentence or is temporarily arrested, with the exception of a foreigner who has been granted asylum in Poland;

• stays on the territory of the Republic of Poland after those who have been obliged to return, and the period of voluntary return specified in the decision on obliging the foreigner to return has not yet expired, also in the event of an extension of this period, with the exception of a foreigner who has been granted asylum in Poland;

• is obliged to leave the territory of the Republic of Poland in the cases referred to in Article 299(6) of the Act on Foreigners, with the exception of a foreigner who has been granted asylum in Poland;

• resides outside the borders of the Republic of Poland.

Refusal to initiate proceedings takes the form of a decision against which the appeal is lodged.

Only a foreigner is a party to the proceedings for granting a temporary residence permit. It is they who fills in the application to MOS, then prints it, signs it and submits it in person, along with necessary documents. In the activities, the foreigner may not be replaced by an attorney.

The authority competent to consider the application is the voivode competent for the foreigner's place of stay - the voivode accepts the application from a foreigner, initiates (or refuses to initiate) and conducts the procedure for granting them a temporary residence permit. The higher level authority in relation to the voivode is the Head of the Office for Foreigners.

The administrative procedure for granting a temporary residence permit is initiated upon the request stated in the application.

Except in the case of a failure to submit fingerprints, the voivode refuses to initiate proceedings if at least one of the circumstances listed in Art. 99 par. 116 of the Act on Foreigners is a fact on the day of submission of the application:

• the foreigner has an indefinite permit on the territory of the Republic of Poland (permanent residence permit / EU long-term resident's permit),

• stays in Poland on the basis of a Schengen visa authorizing only to enter this territory, issued for the purpose referred to in art. 60 par. 1 point 23 of the Act on foreigners (i.e., arrival for humanitarian reasons, due to the interest of the state or international obligations),

• stays in Poland on the basis of a temporary residence permit, granted in the cases referred to in Art. 181 par. 1 of the Act on foreigners - which is a permit issued due to special circumstances requiring a short-term stay,

• is covered by forms of international protection on the territory of the Republic of Poland (refugee status, subsidiary protection, temporary protection) or national protection (asylum, tolerated stay permit, consent to stay for humanitarian reasons) or applies for international protection or asylum,

• is detained, placed in a guarded center or is subject to a preventive measure in the form of a ban on leaving the country,

• serves a sentence of imprisonment or temporarily arrested,

• stays on the territory of the Republic of Poland after they were obliged to return, and the period of voluntary departure specified in the decision obliging the foreigner to return has not yet expired, also in the case of extension of this period,

• is obliged to leave the territory of the Republic of Poland in the cases referred to in Art. 299 par. 6 of the Act on Foreigners (i.e., there is an obligation to leave the territory of the Republic of Poland related to the completion of the procedures listed in this provision)

• stays outside the Republic of Poland.

A refusal to initiate the proceedings takes the form of an order against which a complaint may be lodged.

The entire procedure for granting a permit (for a temporary stay / for permanent residence for an EU long-term resident) was constructed by the legislator with the assumption that the foreigner will have to appear at the voivodeship office only twice - for the first time when submitting the application, and then for the purpose of collection of a personalized residence card after the permit has been granted. Any additional visits may only result from the course of a specific proceeding, in particular in order to provide explanations (testimony) regarding the essential circumstances of a given case.

A letter containing information about the proceedings, including its reference number, planned completion date and the right to read the case files and supplement them, will be delivered to the foreigner during their visit to the office used to submit the application or sent as a result of the appointment by post to the foreigner's address indicated in the application. This letter may contain a request to supplement any formal deficiencies of the application and / or a request to supplement the application with further necessary documents.

In the course of the proceedings, the administrative body conducting the case shall provide the party with the necessary instructions and guidelines. Therefore, if a foreigner does not present all the evidence necessary for granting the permit at the stage of submitting the application, they will be summoned by the authority in writing to provide it within the prescribed period, usually from 7 to 14 days. If, after reviewing, it turns out that the summons are not understandable, the foreigner should apply to the authority with a request for clarification. The summons will be delivered to the foreigner against receipt by the postal operator at the address indicated by them (or delivered to their representative, if appointed). Detailed rules of deliveries are regulated in Chapter 8, part I of the Code of Administrative Proceedings - Service. More information about deliveries can be found in section: Administrative procedures.

Remember!

• It is in the interest of the party to work closely with the authority on the application.

• When changing the delivery address, notify the authority of this fact.

• When going abroad, appoint a representative for service in Poland.

More information in: The most common mistakes.