If you already have a temporary residence permit and would like to settle in Poland for good, you may want to consider a permit that allows you to stay indefinitely.
This is the third part of a series of articles on legalizing your stay in Poland. It focuses on residence permits that allow you to stay in Poland indefinitely. If you have not arrived in Poland yet or have only recently moved here, take a look at the previous articles, which cover the earlier stages of the process:
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How can you obtain the right to stay in Poland indefinitely?
A temporary residence permit (zezwolenie na pobyt czasowy) allows you to stay in Poland for a limited period of up to three years. To continue living in Poland legally after it expires, you need to apply for another permit in time or have another legal basis for your stay.
Applying for a temporary residence permit every few years can be a hassle. Each application requires you to prepare a range of documents, and the process can take a long time.
However, it may be possible to obtain a residence permit that allows you to stay indefinitely, without having to apply for temporary residence permits again and again.
There are two types of permits to consider: a Permanent Residence Permit and an EU long-term Residence Permit.
Although they have similar benefits, they are two distinct types of residence permits. They are often mistakenly treated as a single category called a “permanent residence permit”. You can read more about the differences in this article:
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Additional benefits of permanent residence and EU long-term residence permits
The main benefit of these permits is that they are granted for an indefinite period, so you do not need to keep applying for a new permit. You do, however, need to renew your residence card every five or ten years, depending on the type of permit.
These permits also give you a number of additional rights, some of which are similar to those enjoyed by Polish citizens. These include:
- Free access to the labour market. You can work for different employers and change your employer, position or terms of employment without having to change your residence permit.
- The right to run a business on the same terms as Polish citizens. In particular, you can register as a sole trader or set up any type of company or partnership.
- An exemption from tuition fees for full-time degree programmes taught in Polish at public universities. This exemption does not automatically cover part-time programmes, programmes taught in other languages, studies at private universities or all additional university fees.
- The right to apply for financial support for students on low incomes and for a student loan. You must meet the applicable income requirements and other eligibility conditions.
- An exemption, subject to certain conditions, from the requirement to obtain a permit from the Minister of the Interior and Administration to buy property.
- A shorter, two-year qualifying period for the property purchase exemption if you are married to a Polish citizen. This period starts when you are granted a permanent residence permit or an EU long-term residence permit. The property must form part of the spouses’ joint marital property. The exceptions mentioned above also apply.
- An easier route to obtaining a permit to buy property from the Minister of the Interior and Administration.
- The possibility for your child under 18 to obtain a permanent residence permit.
- Special protection for you and your spouse against proceedings that could result in a return decision requiring you to leave Poland. Holding this status can provide grounds for preventing such proceedings from being initiated or for discontinuing proceedings already underway. However, your residence permit may first be withdrawn in circumstances specified by law.
- The right to apply for recognition as a Polish citizen, provided you meet the additional requirements.
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What are the requirements for these permits?
Although the two permits offer similar benefits, their eligibility requirements are very different.
Who can obtain a permanent residence permit?
You may qualify if you fall into at least ONE of the categories below. You must meet all the conditions listed within the relevant category.
- You have been married to a Polish citizen for at least three years and have lived continuously in Poland for at least two years on the basis of a temporary residence permit granted on the grounds of that marriage.
- You are of Polish origin and intend to settle in Poland permanently.
- You are a child of a foreign national who holds a permanent residence permit or an EU long-term residence permit in Poland, remain under that parent’s parental authority, and either:
a) were born after your parent was granted a permanent residence permit or an EU long-term residence permit; or
b) were born while your parent held one of the following:
– a temporary residence permit;
– permission to stay for humanitarian reasons;
– permission for tolerated stay; or
– subsidiary protection. - You are a child of a Polish citizen and remain under that parent’s parental authority.
- You are a victim of human trafficking and meet all of the following conditions:
a) you lived in Poland for at least one year immediately before submitting your application, on the basis of a temporary residence permit granted to victims of human trafficking;
b) you have cooperated with law enforcement authorities in criminal proceedings; and
c) you have well-founded concerns about returning to your country of origin. - Immediately before submitting your application, you have lived continuously in Poland for at least:
a) five years on the basis of refugee status, subsidiary protection or permission to stay for humanitarian reasons; or
b) ten years on the basis of permission for tolerated stay; or
c) four years on the basis of a temporary residence and work permit granted for employment in a designated occupation. [Verify the current status of the relevant list of occupations before publication.] - You have been granted asylum in Poland.
- You hold a valid Pole’s Card (Karta Polaka).
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Who can obtain an EU long-term residence permit?
To qualify, you must meet ALL the requirements listed below, unless an exemption applies.
- You have lived legally in Poland for at least five years without interruptions that would break the continuity of your residence.
- You have maintained a stable and regular source of income for the three years preceding your application. For EU Blue Card holders, the required period is two years.
- You must provide evidence of your Polish language skills in one of the following forms: *
a) a certificate confirming that you have passed a Polish language examination at B1 level or higher;
b) a school-leaving certificate or university diploma confirming that you completed your education at a school or university in Poland or abroad where the language of instruction was Polish;
c) a European Consortium for the Certificate of Attainment in Modern Languages (ECL) certificate;
d) a TELC certificate issued by telc GmbH or WBT Weiterbildungs-Testsysteme GmbH;
e) a document confirming your qualifications as a sworn translator; or
f) confirmation that you passed a Polish language course at B1 level or higher at an eligible higher education institution. This may be an institution approved by the Minister of the Interior or an academic, military, vocational, state services or church higher education institution that is not prohibited from admitting foreign students. Polish does not have to be the language of instruction for your entire programme: a Polish language course taken as part of your studies may be sufficient.
*The Polish language requirement does not apply to applicants under the age of 16.
Would you like to know more? Do you need assistance with applying for a residence permit or you would like to consult any legal questions?
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