A foreigner can submit an application for a residence permit for EU long-term resident, who resides legally and uninterruptedly for at least 5 years before submitting the application.
This permit is granted for indefinite time. The residence card is issued on its basis, which is valid for 5 years.
A foreigner, who has a residence permit for EU long-term resident is authorized to perform work on the territory of Poland without need of having work permit. There is an annotation “access to the labour market” on the residence card, issued in connection with granting to a foreigner a residence permit for EU long-term resident.
An application for granting to a foreigner a residence permit for EU long-term resident should be submitted not later that in the last day of legal stay on the territory of Poland.
There are conditions that should be satisfied:
- You can take a residence card only personally,
- In order to issue the card your fingerprints will be submitted,
- In the case, if the foreigner is minor – one of his or her parents or cares, established by the court, should submit an application on grating residence card.
- While submitting an application on granting residence permit from a foreigner who is a minor and has reached the age of 6 years, his presence is required.
- You must submit all the documents in Polish language or the copies with z originals for inspection.
- Documents, drawn up in foreign language, you should submit with the translation to Polish, prepared or certified by Polish sworn translator.
- Having of confirmed knowledge of Polish language concerns persons, who at the day of submitting an application have 6 years.
There is a list of documents that you need to submit:
- 2 copies of the completed application for granting a residence permit for EU long-term resident,
- current color photos, in size 35 mm x 45 mm,
- 2 photocopies of all the completed valid travel document (original is available for inspection), in the case of foreigners, who have not 13 years – 1 copy is needed,
- confirmation of payment of the stamp duty.
Documents, confirming the circumstances, indicated in an application:
- Documents, confirming at least 5 years legal stay in Poland or documents, stating the reasons of having breaks in the stay. The stay on the territory of RP is considered an uninterrupted, if none of the breaks was not longer than 6 months, and all the breaks did not exceed 10 months in total. This is the list of trips abroad of Poland for the last 5 years.
- Legal title to occupy a dwelling, (the landing agreement is not considered to be a legal title, unless the lenders are blood relatives, spouses, parents of the spouse or siblings of a foreigner)
- Documents confirming the possession of a stable and regular income, which is sufficient to cover the cost of living for oneself and for family members on maintaining (for a single person running a household the amount will be more than PLN 701.00 net, and for a person in a family the amount is more than PLN 528.00 net) for the last 3 years before submitting an application: declaration on persons on foreigner’s maintaining, PIT 37 and UPO statements, photocopies of previous temporary residence permits (decisions, residence cards, visas), photocopies of the current employment contract and previous employment certificates / employment contract, contract of mandate, contract work.
- Documents, confirming health insurance ( ZUS RCA from the employer), or coverage confirmation by the insurer of treatment costs on the territory of the Republic of Poland.
- Certificate from ZUS on social security contributions paid for the last three years, containing information on who is the payer of contributions, what is the monthly contribution base, if pension, sickness, accident and health insurance contributions are paid, about the periods of unpaid leave or sick leave with the information on the monthly amount of sickness benefit (US form 7 at ZUS).
- Declaration on tax clearance (US).
- Documents, confirming knowledge of Polish language, for instance:
- official certification of knowledge of Polish language, i.e. a certificate issued by the State Commission for the Certification of Knowledge of Polish as a Foreign language at the language proficiency level of at least B1,
- a school graduation certificate in Poland (e.g. primary school, junior high school, high school, technical school, or a Bachelor’s or Master’s diploma with a supplement stating that the language of study was Polish),
- certificate of school graduation abroad with Polish language of study. Any certificate and declaration, issued by other institutions are not acceptable.
Fee for an application:
PLN 640 is paid for the issuing of the permit at the moment of submitting an application
PLN 50 is paid for issuing of residence card at the moment of receipt of the decision.
The time of realization of the case:
According to the regulations, the procedure in the case of granting a residence permit for EU long-term resident for a foreigner must be completed not later than in 3 months from the day of the day of beginning, but appeal procedure – not later than in 2 months from the day of receipt of the decision.
If you do not agree with the received decision, you can submit an appeal application. An appeal is submitted to the Head of the office for foreigner’s matters through Mazowiecki voivode within 14 days from the day of decision’s delivery.
The 5 years period of stay on the territory of Poland does not include the stay of a foreigner:
- When you are an employee delegated by a service provider for the cross-border provision of services or you are a service provider that provides cross-border services.
- When you are on the territory of Poland on the basis of a Schengen visa authorizing only to enter the territory of the Republic of Poland and stay in this territory, issued for the purpose of coming for humanitarian reasons, due to the interest of the state or international obligations,
- During the study in Poland,
- When you are obliged to leave the territory of the Republic of Poland and the period of voluntary return specified in the decision in this matter has not yet expired, also in the case of extension of this period,
- When you are obliged to leave the territory of Poland in the event of refusal to grant or withdrawal of a residence permit, or in the case of refusal to grant or withdraw international protection,
- When you are a member of a diplomatic mission or consular post of a foreign state or another person equated to them on the basis of acts, international agreements or generally established international customs,
- When you are staying on the basis of a temporary residence permit for the purpose of performing work as part of intra-corporate transferee or a temporary residence permit in order to use the long-term mobility of a managerial employee, specialist or intern, as part of intra-corporate transferee or temporary residence permit due to circumstances requiring a short stay,
- In the course of the proceedings for granting the refugee status, if the proceedings ended with a refusal to grant the refugee status or subsidiary protection,
- When you are staying on the basis of border crossing permit under local boarder traffic.
Keep in mind that:
The long-term resident’s EU residence permit is valid indefinitely; however, it is necessary to replace the residence card every 5 years. The application for another residence card should be submitted at least 30 days before the expiry of the validity period of the owned residence card.