When do you qualify for permanent residence permission according to the new law? Do you need a language certificate and a 10-year residence?

When do you qualify for permanent residence permission according to the new law? Do you need a language certificate and a 10-year residence?

It came to my attention, that in some Voivodeship Offices (Urząd Wojewódzki) you may get some wrong and/or outdated information about requirements needed to be granted a permanent residence permission in Poland.

Polish law regarding foreigners (codified be Act of 12 December 2013 on Foreigners) changes constantly and unfortunately for you, clerks from Voivodeship Offices oftentimes don’t possess up-to-date knowledge about current provisions. That results in many misconceptions and if your case isn’t taken care of by a professional lawyer, you may not be aware that you meet requirements for a permanent stay!

One of such misconceptions are matters of language certificate and required residence period in Poland to be granted a permanent residence:

1. Polish language certificate

Let me get that clear: you don’t need a language certificate to qualify for permanent stay! Ever. It’s perfectly fine if you speak only your native language 😉

So why are there misinformations that you need this certificate? Well, you may need it if you want to be granted Polish citizenship or long-term EU residence.

Still it is completely irrelevant if you want to get permanent residence – no one should ask you about your skills in Polish.

2. Residence period

Before 12.02.2018 one of the possible options of getting a permanent residence was a 10 years tolerated residence period.

After 12.02.2018, because of changes in Polish law, you have a few options (you need to fulfill only one of these requirements):

  1. 5 years of residence with either refugee status, subsidiary protection or consent for stay issued due to humanitarian reasons,
  2. 10 years of tolerated residence period,
  3. 4 years of residence with temporary residence and work permit obtained for the purpose of performing job in one of the desirable profession group. The list of this professions is not yet ready, but it might be expected to be similar to the professions described in Ministry’s list concerning jobs that qualify for a simplified procedure for work permit:
  • Industry and production engineers
  • Concrete technology engineers
  • Glass technology engineers
  • Electrical engineers
  • Specialist doctors (with 2nd degree specialization or specialist title)
  • Nurses without specialization or during specialization
  • Nurses with the title of specialist
  • Computer systems analysts
  • Specialists in IT systems development
  • Designers of network and multimedia applications
  • Application developers
  • Computer systems analysts and programmers not elsewhere classified
  • Database designers and administrators
  • Computer systems administrators
  • Specialists in computer networks
  • Database and computer network specialists not elsewhere classified
  • Construction technicians
  • Electricians technicians
  • Electronics and related technicians
  • Assistant for people with disabilities
  • Elderly carer
  • Carer in a nursing home
  • Bricklayers and related professions
  • Concrete mixers, armed-concrete mixers and related professions
  • Carpenters and carpenters
  • Road construction workers
  • Roofers
  • Flooring, parquet and tiling
  • Plasterers and related professionals
  • Isolation fitters
  • Construction and related painters
  • Welders and related workers
  • Locksmiths and related people
  • Construction and related electricians
  • Bus driver
  • Truck drivers
  • Operators of earthmoving equipment and related equipment
  • Drivers and operators of lifting and transporting machinery and equipment

Would you like to know more? Do you want to get a permenent residence?

Feel free to contact us and take advantage of our services.

17 thoughts on “When do you qualify for permanent residence permission according to the new law? Do you need a language certificate and a 10-year residence?”

  1. Hello,
    Thanks for your article. I could not find any information on official websites about new conditions of permanent residence card through the 3rd option “4years of residence with temporary residence and work permit”. As far as I know this option is for long term EU residence permit not the permanent residence card.
    Thank you in advance for your clarification.

    • Hello,
      you’re welcome! The option of 4 years of residence with temporary residence and work (in one of the specified professions) permit is definitely for permanent residence permit – not long-term EU residence. For long-term EU residence you need 5 years of residence. There is no option of 4 year residence for EU long-term residence.

  2. Hi…
    I applied for temporary resident card and my case was rejected and I appeal against it how long should I wait to get answer?

  3. Hi Piotr,
    “4 years of residence with temporary residence and work permit obtained for the purpose of performing job in one of the desirable profession group”

    I wanted to ask you, that is this point valid before the official list is published by the ministry. Can we apply for permanent residecncy based on this point today ?

    Thanks
    Amit

    • Hello Amit,
      unfortunately, until there will be a certified list, this option is on hold. When it will happen, I will definitely write about it on this blog.
      So stay tuned!

      • The difference is mainly in the list of requirements for each of them. You have similar rights with permanent residence and EU long term residence.
        I will post an article with a comparison sonn, so stay tuned! 😉

    • That’s a whole different category 🙂
      You can get permanent residency, if you have been married to a Polish citizen for at least 3 years AND have stayed in Poland without long interruptions for at least 2 years with temporary residence permit based on marriage with a Polish citizen or based on obtaining refugee status, subsidiary protection or consent for stay issued due to humanitarian reasons.

  4. Piotr,
    I am a UK citizen, and have been here for more than 10 years. The Polish Government has made a very good (I think) offer to UK citizens in the case of Brexit. What would be the advantages of going for residency as opposed to the Brexit offer?

    • Hello Robin,
      it’s a bit too much for an answer in a single comment. Generally speaking, the residence dedicated to UK citizens is better then “regular” residence. Just remember that, in order to take advantage of it, you need to have a legal residence in Poland on the day of Brexit – preferably with registered stay for EU citizens or any other permit.

  5. Hi Piotr,

    Thanks for sharing this Article. However I have also heard that to apply for Permanent Residence Card in Poland. We mainly have to fulfill two conditions..
    1. Min 5 Years of Stay in Poland based on Blue Card or Temporary residence card
    2. B1 level Polish Language Certificate

    I fulfill the 1st criteria as I have been working in Poland from past 6 years but not the 2nd one as I don’t know B1 Level of Polish.

    Do you think I can still apply for Permanent Residence card in Poland without having B1 level certificate? Currently I am in Poland based on my blue card.

    Thanks and Regards,
    Apurve

    • Hello Apurve,
      what you describe in point 1 na 2 is not Permanent Residence Card requirements. These are requirements for Long Term EU Residence.
      You don’t need any language skills for Permanent Residence. Still in most cases it is much more difficult to get PR. The easiest one is to marry a Polish citrizen or have Karta Polaka (Polish descendent card).

  6. Hi Piotr,

    “4 years of residence with temporary residence and work permit obtained for the purpose of performing job in one of the desirable profession group”

    Is this point valid today ?

    Thanks

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