Permanent residence permit

Introduction

A permanent residence permit is a right to reside in the territory of Poland for an indefinite period granted to a third-country national (i.e. a person who does not hold the nationality of one of the EU countries, Norway, Iceland, Liechtenstein or Switzerland) or to a stateless personif:

• is a child of a Polish citizen under their parental authority;

• is a child of a foreigner who has been granted a permanent residence permit or a long-term EU resident's residence permit under their parental authority, born: a) after granting that foreign national that permit, b) during the period of validity of the temporary residence permit granted to that foreigner, or c) during the period of stay of this foreigner in Poland on the basis of a residence permit for humanitarian reasons / a permit for tolerated stay or in connection with grantinghim refugee status / lazing subsidiary protection;

• has a Pole's Card or is a person of Polish origin - and intends to settle in Poland permanently;

• is married to a Polish citizen recognized by the law of the Republic of Poland and meets a total of two subsequent conditions, i.e.: (1.) they remained in this marriage for at least 3 years before the date of submitting the application for a permanent residence permit, and (2.) immediately before submitting this application they stayed continuously in Poland for a period of not less than 2 years on the basis of a temporary residence permit granted in connection with being married to this Polish citizen or in connection with obtaining refugee status, subsidiary protection or permission to stay for humanitarian reasons;

• is a victim of human trafficking within the meaning of Article 115 § 22 of the Criminal Code and meets the following conditions jointly: (1.) stayed on the territory of the Republic of Poland immediately before submitting the application for a permanent residence permit for a period of not less than 1 year on the basis of a temporary residence permit for victims of human trafficking, (2.) cooperated with law enforcement authorities in criminal proceedings in the case of an offence referred to in Article 189a § 1 of the Criminal Code, and (3) has a well-founded fear of returning to their country of origin;

• immediately before submitting the application for this permit, they stayed continuously in Poland for a period not shorter than:

• 5 years in connection with granting them refugee status, granting subsidiary protection or permission to stay for humanitarian reasons

• 10 years on the basis of a permit for tolerated stay granted on the basis of Article 351 point 1 or 3 of the Act on Foreigners,

• he was granted asylum on the territory of the Republic of Poland

• is a citizen of the United Kingdom of Great Britain and Northern Ireland, referred to in Article 10(1)(.b and (d) of the Withdrawal Agreement, who until 31 December 2020 performed work on the territory of the Republic of Poland as an employee posted by a foreign employer to the territory of the Republic of Poland and meets the following conditions jointly: (1) resides in Poland legally and continuously for at least 5 years immediately before submitting the application, including on the basis of a temporary residence permit referred to in Article 186(1)(8), (2) has a source of stable and regular income sufficient to cover the costs of subsistence for himself and their dependent family members, (3) has health insurance within the meaning of the Act of 27 August 2004 on health care services financed from public funds or confirmation of coverage by the insurer of the costs of treatment on the territory of the Republic of Poland.

Unlike a long-term EU resident's residence permit, a permanent residence permit is not regulated by EU law and a prior residence on the territory of Poland before applying for this permit is not required in every case.

This permit is granted in the form of an administrative decision by the voivode, competent for the place of stay of the foreigner, and in the case of appeal proceedings – by the Head ofthe Office forForeigners, indefinitely. If this permit is granted to a foreigner, a residence card is issued for a period of 10 years, which after this period is subject to exchange, at their request.