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, either:
a) temporary residence permit,
b) consent for stay issued due to humanitarian reasons, or
c) tolerated residence, or
d) 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?”

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