Permanent Residence vs Long Term EU Residence. An up to date list of requirements – comparison and recent changes.

Permanent Residence vs Long Term EU Residence. An up to date list of requirements – comparison and recent changes.

Below I present you an up-to-date (on 26.10.2019), full list of requirements for permanent residence and long term EU residence. Any recent changes, that are often missing in other articles on the Internet are indicated in green (added) and red (removed).

A Permanent Residence permit may be granted to a foreigner who either*:

(*you need to meet only ONE of numbered requirements)

1. is a child of a foreigner who has a permanent residence permit in Poland or a long-tern EU resident permit, remaining in the parental custody of the foreigner, and:

a) was born after the parent was granted a permanent residence permit in Poland or a long-term EU resident permit, or

b) was born during the period of validity of  the temporary residence permit granted to his parent, temporary residence permit based on either:
– consent for stay issued due to humanitarian reasons, or
– tolerated residence, or
– subsidiary protection;

2. is a child of a Polish citizen in parental custody of the citizen,

3. is a person of Polish origin and intends to settle in Poland permanently,

4. has been married to a Polish citizen in a marriage recognized by Polish law and remained in this particular marriage for at least 3 years prior to filing the application for a permanent residence permit and has stayed in Poland without interruption immediately before filing the application for at least 2 years pursuant to a temporary residence permit issued pursuant to marriage with a this particular Polish citizen or to obtaining refugee status, subsidiary protection or consent for stay issued due to humanitarian reasons,

5. is a victim of human trafficking and:
a) lived in Poland immediately before filing the application for a period of at least 1 year pursuant to a temporary residence permit issued to foreigners who are victims of human trafficking,

b) has co-operated with law enforcement organs in criminal proceedings;

c) has justified concerns regarding the return to the country of origin, confirmed by the prosecutor conducting proceedings in the particular case,

6. has stayed in Poland uninterruptedly immediately before filing an application for a permanent residence permit for at least: 5 years pursuant to refugee status, subsidiary protection or consent for stay issued due to humanitarian reasons,

a) 5 years of residence with either refugee status, subsidiary protection or consent for stay issued due to humanitarian reasons,

b) 10 years of tolerated residence period,

c) 4 years of residence with temporary residence and work permit work permit obtained for the purpose of performing job in one of certified professions [the list of professions is yet to be confirmed by Polish Ministry],

7. has stayed in Poland uninterruptedly immediately before filing an application for a permanent residence permit for at least 10 years in the case of a tolerated residence permit granted in the following cases:
a) if an obligation of the foreigner to return may only apply to a country where:
– the foreigner’s right to life, freedom and personal safety would be threatened, or
– the foreigner may be subjected to torture or inhuman or degrading treatment or punishment, or
– the foreigner may be forced to work, or
– the foreigner may be deprived of the right to fair judicial proceedings or be punished without legal grounds,
b) the foreigner may be obliged to return only to a country to which it is impermissible to extradite the foreigner pursuant to a court decision or to a judgment of the Minister of Justice refusing to extradite the foreigner,

8. has been granted asylum in Poland,

9. has a valid Pole’s Card.

 

A Long Term EU Residence permit may be granted to a foreigner who*:

(*you need to meet ALL of numbered requirements – it’s different from PR)

  1. has been staying in Poland legally and uninterruptedly for at least 5 years
  2. has maintained a stable and regular source of income for the 3 years of their stay in Poland immediately preceding the submission of the application (in the case of Blue Card holders a 2-year period of stable income is required);
  3. has health insurance,
  4. has a place of residence in Poland;
    presents a temporary residence address certificate or a declaration of inability to obtain such a certificate,
  5. has a polish language skill certified by either:
    a) passing an exam on at least B1 level,
    b) graduating from Polish or foreign school or university with polish language of instruction.*

*(the requirement of polish language skill doesn’t apply to a foreigner of less then 16 years old)

That’s it for now 🙂 In case anything changes, I will keep the above lists up to date.

Next up: “Permanent Residence vs Long Term EU Residence – are they any different regarding your rights?”

13 thoughts on “Permanent Residence vs Long Term EU Residence. An up to date list of requirements – comparison and recent changes.”

  1. Hello Piotr,
    I am from Non-EU(India) i am living in Poland for almost 10 years with a good legal status. Can i apply for Permanent residence with out having B1 certificate?

  2. Dear Mr.Piotr Kamler

    I need you help here please ; i have a permanent residence card issued on 2016 and i met all requirements only i have an issue with language skill, to apply for the long Term EU Residence permit.
    Is there any procedure to replace my permanent resident card to long Term EU Residence permit?

    • Hello Atef,
      you may prove you have language skill either by passing exam on B1 level or graduating from Polish university with classes in Polish. Anyway, why would you need to replace your RP with LTEUR? The usage difference is marginal (the real difference is in requirements). They both let you stay in Poland indefinitely.

  3. Dear Piotr,

    I am considering applying for citizenship and would be grateful for your answer. Could you please confirm if for the required 10 years for Recognition as a Polish citizenship also include:

    – Time during studies on Karta Pobytu for studies (counted as half for Long Term EU Residence Permit) -> does it count as half or as full time for recognition as Polish Citizen (10 yrs minimum)?

    – Time spent legally in Poland while waiting for one Karta Pobytu to replace the next one (I understand this does not count for Permanent Residency, but it does count for LT EU Res. Permit).

    In other words, if the law says that time during studies counts as half or as zero 🙁 and the same for time spent replacing cards. It makes a big difference.

    Pozdrawiam,

    Pablo

    • Hello Pablo,
      that’s a good question. The answer is that 10 year requirement for citizenship works different from stay requirements for PR or LTEUR. For this 10-year period ALL legal residence periods count in normal 1:1 ratio (so 1 year or month is always 1 year or month) – whether it was during a residence permit, visa or even visa-free regime (ruch bezwizowy). The only requirement is that it has to be legal stay.

      Pozdrawiam serdecznie!

  4. Dear Piotr,

    Thank you very much for your quick feedback.
    As i’m planning to relocate to France, and after checking with french authorities, they ask me to provide at least the LTEUR; If i hold such a permit, i can enter and settle in France without having to apply for a long-term visa (for more than 3 months), and then i can apply for a residence permit in France.

    As i have an issue to pass the B1 language exam, i’m looking for more quick solution, and if will be possible to apply for LTEUR without having this new condition of language.

    FYI;
    *I got my permanent residence card on 2016
    *I live in Poland from 2012 uninterruptedly until now ( >5 years)
    *I work and i pay taxes continuously from 2012 until now
    *I’m covered by health insurance
    *I’m owner of a flat in Warsaw from 2016

    Could you please let me know when this new condition was added? if is-it from the loi amendement on FEB 2018? if so, before this date (2018), i already have all conditions.

    Hope it’s a quite clear, otherwise please email me at atefbo@live.fr

    This case it’s very urgent please,

    Thank you in advance for your attention,

    Awaiting your prompt feedback,

    Regrads,
    Atef

    • Hello Atef,
      this change was made on 12th of February 2018, but it works for all procedures started after that date, so unfortunately it’s not possible to avoid it and use the old rules.
      In my knowledge, there is no way to “switch” PR to LTEUR, but now I understand your point.

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