long term eu residence permit poland

EU long-term residence permit

EU long-term residence permit is a type of long-term residency (equivalent to permanent residence = giving similar benefits) but based on other requirements.

 

This procedure applies to third-country nationals (not EU citizens!)

*EU citizens should use EU citizen registration procedure.

 

In general, if you don’t have Polish roots or spouse having Polish citizenship – probably you will apply for an EU long-term residence permit (instead of permanent residence permit).

 

If you just came to Poland and you want to legalize your stay for a longer period – you should start from temporary residence permit (not from the EU long-term residence permit and only in extraordinary situations from permanent residence permit).

 

In most cases, applying for permanent/ EU-residence permit requires previously having a temporary one for some period of time.

 

If you have any questions or doubts – contact us.


CONTENT:


LONG-TERM EU RESIDENCE PERMIT – BENEFITS

Why EU long-term residence permit is better than a temporary residence permit?

Benefits of EU long-term residence permit:

  • stable and secure residence status (granted for an indefinite period),
  • full access to work (no work permit needed anymore!),
  • full access to education,
  • full access to social security,
  • and more: such as simplified procedure to get a temporary residence permit in other EU country.

 

Long-term resident status has been established at European Union level and then was implemented to Polish law.

 

In each EU country it’s possible to apply for such permit (requirements are similar as in Poland, but some differences might appear).

 

The goal of this kind of permit is to give third-country nationals (who lives in one of the EU’s country for the longer period of time) a “better status”, so they can enjoy rights similar to EU citizens.


WHO MAY APPLY FOR LONG-TERM EU RESIDENCE PERMIT?

What basic requirements I need to meet to become a long term resident?

You may apply for long term EU residence permit if you are a third-country national who:

  • reside in the territory of Poland legally and continuously for a period of at least 5 years (this period is calculated in a specific way, explained below),
  • have a stable, regular and sufficient income,
  • possess a health insurance – covering medical treatment in Poland,
  • may confirm a Polish language knowledge (at least at B1 level),
  • have a place of living in Poland (have a legal title to the occupied premises).

5-YEAR CONTINUOUS AND LEGAL STAY IN POLAND FOR EU RESIDENCY PART I

How should I count it? What does the “uninterrupted stay” mean?

First requirement that you need to meet to become a long term resident is residing in Poland for 5 years without interruption.

 

“Is that really mean that I can’t have any breaks during my stay and I can’t even visit my family or go on a vacation?

 

Of course no.

 

This continuity (the state of being uninterrupted) is “relative”.

 

You may leave Poland for any purpose for up to 6 months at a time, up to 10 months in total within 5 years.

 

*Highly qualified employees (holders of Blue Cards issued in other EU Member States, who have moved to Poland and obtained permits for temporary residence) enjoy certain additional freedom: they may leave for up to 12 months at a time, up to 18 months in total within 5 years.

 

 

What is more, if you have stayed outside Poland because:

  • you worked, or accompanied (as a spouse or child) a foreign national working, for an employer based in Poland,
  • this was required by your personal situation (such as treatment that could not be taken up in Poland) and the interruption has not exceeded 6 months
  • you served an apprenticeship or took part in activities required by your studies in Poland,

 

– this “absence” will count as a part of your residence anyway (considered as time spent in Poland). But you need to prove that your stay abroad was connected with your work/ studies etc.

 

What is more, your previous stay in Poland had to be legal, so you also have to provide your visas/ temporary residence permits etc. to prove that.

If you have problem with understanding how count that period, contact us.


5-YEAR CONTINUOUS AND LEGAL STAY IN POLAND FOR EU RESIDENCY PART II

What periods of residence are included? Which are not?

Beside restrictions mentioned above, not all your stays will include to that 5-year requirement.

 

To your 5-year stay in Poland, you can’t include your stay:

  •  based on temporary residence permit issued due to taking up or continuing education,
  • the period of stationary studies in the territory of the Republic of Poland (only 1/2 of that period will be included),
  • on the basis of a Schengen visa entitling only to enter and stay in the territory of the Republic of Poland issued for humanitarian reasons, the interest of the state or international obligations,
  • if you have been obliged to return and the voluntary return period specified in the decision on this matter has not yet expired, also in the event of the extension of this period,
  • if you are obliged to leave the territory of the Republic of Poland within 30 days from the date on which the decision to refuse to extend the Schengen visa or national visa, to grant a temporary residence permit, a permanent residence permit, a long-term resident’s EU residence permit – became final, and in the case of a decision issued by a higher authority, from the date on which the final decision was delivered to the foreigner,
  • if you are staying on the basis of a temporary residence permit issued due to circumstances requiring a short-term stay,
  • on the course of the proceedings for granting the refugee status, if the proceedings ended with a refusal to grant the refugee status or with complementary protection.

 

URGENT: Note that’s not the full list of exceptions! Those are only examples.


STABLE, REGULAR AND SUFFICIENT INCOME

What does it mean? How can I prove that?

Your  income has to be:

  • legal,
  • stable and regular (meaning reasonable certainty and continuity),
  • and sufficient  (for you and your dependants’ subsistence) – e.g. if you have a child or wife and you cover their cost of living, you have to prove that your income allows you to pay for them.

 

What “sufficient” income means?

Your income has to be higher than the “threshold of eligibility for social benefits”. So the minimum you need to prove it’s currently: 776 PLN per person per month [if you are the only member of household] or 701 PLN  per person [if you are living with other family members].

 

This stability is tested for a longer period (2 years back, if you have Blue Card, or 3 years otherwise). So, you need to prove that you have a stable, regular and sufficient income now, and you have had during last 3 years.

 

The goal of this requirement is to ensure the authorities that you will not become a financial liability for the state.

 

The most popular evidence to prove that you met this requirement is PIT form for the last 3 years + current employment contract (if you were and you are employed in Poland).


PLACE OF LIVING IN POLAND

What kind of document should I provide to prove that I have legal title to the occupied premises?

To prove that you have a legal title to the occupied premises you may present any of the following:

  • a notarial deed stating that you own the place,
  • a tenancy (rental) agreement specifying its terms and duration,
  • a statement from the owner – if the owner of the place is your spouse, ascendant (parent, grandparent, great-grandparent, parent-in-law) or descendant; in which he/she confirms that you have the right to live there during your stay in Poland.

POLISH LANGUAGE KNOWLEDGE AT B1 LEVEL

How can I prove my knowledge of Polish language?

Knowledge of Polish language (at least at B1 level) might be proved by submitting:

  • certificate issued by the State Commission for the Certification of Proficiency in Polish as a Foreign Language (confirming the passing of the national exam at the level of at least B1),
  • a diploma of graduation in Poland or abroad from a school (elementary, junior high, high, post-high or artistic) or a university (bachelor/ engineer/master or equivalent studies, postgraduate studies, or doctoral studies) where Polish was the medium of instruction,
  • + other new documents that may confirm knowledge of Polish language! – new regulations from 24.06.23, check them here.

DATE OF SUBMITTING APPLICATION

When should I apply?

The application shall be submitted in person or send by post, not later than on the last day of legal residence on the territory of the Republic of Poland (before your visa or residence card expires).

 

You should apply after you have been in Poland for at least 5 years.

 

You can legally remain in Poland while your application is pending. Make sure you have submitted an error-free application. Your passport must be valid at this time.

 


COMPETENT AUTHORITY

Where should I apply for the long term residence permit?

Long term residence permit is granted in the form of an administrative decision by the Voivode, competent for the place of stay of the foreigner, and in the case of appeal proceedings – by the Head of the Office for Foreigners.

 

You may apply in person at the Department for Foreigners in competent Voivodship Office but you need to book an appointment first (each office has different rules for booking!)

 

Sometimes it’s hard to book an appointment to submit application in person.

 

If you cannot apply in person before your current legal status expires, please send your application by post to meet the deadline. What counts is the date of postage at the post office.

 

If you apply by post, your next step is to visit the office in person to give your fingerprints.

 


NECESSARY DOCUMENTS

What documents should I submit for long-term EU residence permit?

Basic documents you need to provide:

 

1. The application form for a long-term resident of the EU completed in accordance with the instructions (all boxes),

2. 4 current “biometric” photographs – intact, colour, 35 x 45 mm in size, taken over the last 6 months on a uniform bright background, with good sharpness and showing clearly the eyes and face from the top of the head to the upper part of the shoulders, so that the face occupies 70-80 % of the photographs. The photographs are intended to depict a person without a headgear and dark-lensed glasses, looking directly ahead with eyes open, hair removed from face, a natural expression on a face and a closed mouth,

3. photocopy of a valid passport, all filled pages (original available for inspection at the office),

4. confirmation of payment (for the administrative fee),

5. documents confirming additional requirements such as: legal title to the occupied premises; stable, regular income, health insurance, knowledge of the Polish language etc.

6. list of your previous stays in Poland with legal basis.


APPLICATION FORMS

Download application form

Here you can find and download the application form for EU long-term residence permit.


CHARGES

What is the cost of EU long-term residence permit?

The administrative fee for the application that you submit to the Immigration Office is 640 PLN.

 


FAQ

Answers for frequently asked questions

  • Is the long-term EU residence permit indefinite? I’ve heard that is granted for only 5 years.There is no such limit. This permit is granted for indefinite period. However, the residence card is valid for 5 years, after which time it has to be renewed (replaced with a new plastic card).

 

  • I graduated from a post-high school/ or postgraduate studies in Poland. Does my diploma is sufficient to confirm my level of Polish language and apply for a  long-term EU residence permit? Yes. If the Polish language was your medium of instruction, you have met the requirement (Polish language knowledge at least B1 level) and the diploma is your proof.

Here you will find out what other documents can prove your language level.

 

  • May I change my EU long-term  residence permit from another EU country to Polish one? No. That’s true that proceedings aiming to grant EU long-term residence permit are similar in all EU countries but when you change your place of living you can’t just “change” your current long-term residence permit for Polish one.

While moving to another EU country you have to start from obtaining temporary residence permit.

But long-term EU residence card from another EU country gives you much easier procedure for temporary residence permit.

 

Written by:

Natalia Szabatowska

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