Applying

The method of calculating the period of stay required to grant a long-term resident's residence permit is specific.

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

• who is a worker posted for the purpose of the cross-border provision of services or a service provider providing such services;

• on the basis of a Schengen visa issued for the purpose referred to in Article 23 of the Act on Foreigners (i.e. arrival for humanitarian reasons, due to the interest of the state and international obligations);

• during their studies in Poland;

• who has been obliged to return and the period for voluntary return set out in the decision to that effect has not yet expired, including in the event of an extension of that period;

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

• who is a member of a diplomatic mission or consular post of a foreign State or any other person assimilated to them by law, international agreement or custom;

• on the basis of a temporary residencepermit: to carry out work within the framework of an intra-corporate transfer or to benefit from the long-term mobility of a manager, specialist or trainee worker, as part of an intra-corporate transfer or due to circumstances requiring a short-term stay;

• in the course of the procedure for granting refugee status, if it has resulted in the refusal to grant refugee status or subsidiary protection;

• on the basis of a local border traffic permit.

This period includes (special rules for calculating the stay):

• the entire period of legal stay on the territory of the EU,if the foreigner has been legally and continuously in this territory for at least 5 years on the basis of a residence permit with the annotation "EU Blue Card", including in Poland – for at least 2 years immediately before submitting the application on the basis of a temporary residence permit in order to perform work in a profession requiring high qualifications;

• the entire period of stay in Poland during the procedure for granting international protection–if it exceeded 18 months or half of this period if it is shorter than 18 months;

• half of the period of stay in Poland on the basis of a visa issued for the purpose of studies, education at a doctoral school or vocational training;

• half of the period of stay in Poland on the basis of a temporary residence permit issued for the above purposes (i.e. Articles 144, 187 point 1 (.b) of the Act on Foreigners).

The stay is uninterrupted if none of the breaks in it:

• was not longer than 6 months at a time, and in total all breaks did not exceed a total of 10 months in the period required to grant the permit - in the case of a foreigner's stay on the territory of the Republic of Poland;

• was not longer than 12 months, and all breaks did not exceed a total of 18 months in the period required to grant the permit - in the case of stay on the territory of another EU country of a foreigner holding a Blue Card permit.

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

• performance of professional duties by a foreigner or performance of work abroad on the basis of an agreement concluded with an employer whose registered office is located in Poland;

• accompanying a foreigner during su;ch a business trip by a spouse or a minor child

• a special personal situation requiring the presence of a foreigner outside Poland, if it lasted no longer than 6 months (e.g. a special health situation requiring departure)

• internships or participation in classes provided for in the course of studies at a Polish university (e.g. student exchange).