How to obtain a permanent residence card in Poland? What kind of permit should a foreigner get to be able to live in Poland indefinitely? Is it always the permanent residence permit?
Before showing answers to the above questions, I would like to indicate that this post does not concern citizens of the European Union and their families.
According to Polish law, two types of permits are issued for an indefinite period: a permanent residence permit and a residence permit for a long-term European Union resident. Who may obtain these permits?
The permanent residence permit is granted to a foreigner if he/she:
- is the foreigner's child, who got the permanent residence permit or the residence permit for long-term European Union residents while being under his/her parental responsibilities:
- born after the granting of the permanent residence permit or the long-term resident's EU residence permit to that foreigner, or
- born during the period of validity of a temporary residence permit granted to that foreigner or during the period of that foreigner's stay on the territory of Poland on the basis of a residence permit for humanitarian reasons or a permit for tolerated stay or in connection with the granting of refugee status or subsidiary protection,
- is a child of a Polish citizen under his/her parental responsibilities,
- is a person of Polish origins and intends to settle on the territory of Poland permanently,
- remains in a marriage recognized by Polish law with a Polish citizen and:
- has remained in this marriage for at least 3 years before the day on which the foreigner applied for the permanent residence permit, and
- directly before applying for this permit, the foreigner has been continuously residing on the territory of 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 that Polish citizen or in connection with being granted refugee status, subsidiary protection, or residence permits for humanitarian reasons.
- is a victim of human trafficking within the meaning of the Polish Criminal Code and:
- the foreigner has been residing on the territory of Poland directly before applying for the permanent residence permit for a period of not less than 1 year based on a temporary residence permit for a victim of human trafficking,
- cooperated with law enforcement authorities in criminal proceedings concerning a crime related to human trafficking,
- a foreigner has well-founded fears of returning to the country of his/her origin.
- directly before applying for the permanent residence permit, a foreigner has been continuously in Poland for a period of not less than:
- 5 years in connection with being granted refugee status or subsidiary protection or on the basis of a residence permit for humanitarian reasons, or
- 10 years on the basis of a tolerated stay permit, or
- 4 years on the basis of a temporary residence permit for performing work in a profession desired by the Polish economy and has a source of stable and regular income sufficient to cover the cost of living for himself/herself and family members who are dependent on the foreigner,
- was granted asylum in Poland,
- has a valid Pole's Card and wants to settle permanently in 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, by December 31, 2020, was performing work in Poland as a posted worker by a foreign employer to the territory of Poland and meets all of the following conditions:
- stays legally in Poland and continuously for at least 5 years directly before applying for the permanent residence permit,
- has a source of stable and regular income sufficient to cover the cost of living for himself/herself and family members who are dependent on him/her,
- 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 of treatment costs by an insurer on the territory of Poland.
The residence permit for a long-term European Union resident is granted to a foreigner if he/she has been staying in Poland legally and continuously for at least 5 years directly before applying for the residence permit for long-term EU residents and meets all of the following conditions:
- has a source of stable and regular income sufficient to cover the cost of living for himself/herself and family members who are dependent on him/her,
- 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 of treatment costs by an insurer on the territory of Poland,
- has confirmed knowledge of Polish.
To sum up, obtaining the permanent residence permit is not only about the period of living on the territory of Poland. The list of people who may obtain this type of residence permit is limited to cases that are often independent of the foreigner who wants to apply for this permit. Thus, the permanent residence permit may only be obtained by a selected group of foreigners. Whereas the residence permit for long-term EU residents is practically available to any foreigner. This permit is not dependent on origin, political situation, being married to a Polish citizen, or being a victim.
In both cases, the foreigner is eligible to work in Poland without a work permit.
In answer to the question posed: to get a permanent residence card in Poland, a foreigner should apply for a permanent residence permit or a residence permit for a long-term EU resident. Both of these permits are issued for an indefinite period. After getting such a permit, the foreigner's only obligation will be to replace the residence card before its expiration date and in cases where a legal obligation arises to change the residence card. It is worth noting that the residence permit (paper document) is issued for an indefinite period, but every residence card (plastic document) has an expiry date and ought to be exchanged.
