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EU LONG-TERM RESIDENT’S RESIDENCE CARD

24/11/2023

EU long-term resident’s residence permit

The conditions for granting an EU long-term resident’s residence permit are set out in paragraph 1 of Article 211 of the Act of 12 December 2013 on Foreign Nationals (i.e. Journal of Laws of 2023, item 519, as amended).

Fulfilment of the above conditions, following the submission of an appropriate application, enables foreign nationals to obtain a residence permit for an indefinite period.

EU long-term resident’s residence permit – exceptions

There are certain statutory exceptions to the above rules. Here are the most important ones:

  1. The 5-year period of lawful residence in Poland also includes:
  2. The total period of legal residence within the European Union, provided that the foreign national has resided legally and continuously within that territory for at least 5 years on the basis of an EU Blue Card, including within Poland — for at least 2 years immediately prior to submitting an application for an EU long-term resident’s residence permit on the basis of a temporary residence permit for the purpose of working in a highly skilled profession;
  3. The entire period of residence whilst proceedings for the granting of international protection were ongoing, if that period exceeded 18 months;
  4. Half of the period of residence:
  5. Under a visa issued for the purpose of studying, undertaking postgraduate studies or undergoing vocational training;
  6. On the basis of a temporary residence permit for the purpose of pursuing a degree or undertaking vocational training;
  7. During proceedings concerning the granting of international protection;
  8. However, the following stays by a foreign national are not counted towards the 5-year period of lawful residence in Poland:
  9. Who is an employee posted by a service provider for the purpose of cross-border service provision, or who is a service provider offering cross-border services;
  10. Staying in Poland on the basis of a visa authorising only entry and stay, issued on humanitarian grounds, in the interests of the state or in accordance with international obligations;
  11. During a period of study in Poland;
  12. Who has been ordered to return and the deadline for voluntary departure has not yet expired;
  13. Who is obliged to leave Polish territory (in the event of a refusal to grant or the withdrawal of: a residence permit or international protection);
  14. Who is a member of a foreign state’s diplomatic mission or consular post, or another person treated as equivalent to them;
  15. On the basis of a temporary residence permit for the purpose of working under an intra-corporate transfer, a temporary residence permit for the purpose of long-term mobility, or a temporary residence permit on account of circumstances requiring a short-term stay;
  16. During proceedings for the granting of international protection, where such proceedings have resulted in a refusal to grant refugee status or subsidiary protection;
  17. On the basis of a permit to cross the border under the local border traffic regime.

Application form for an EU long-term resident’s residence permit and supporting documents

You can find the application form for a long-term resident’s residence permit for the European Union on the website of the Office for Foreigners: https://mos.cudzoziemcy.gov.pl/wniosek.

The following must be attached to the correctly completed application:

  1. A written declaration that the information contained in the application is true (a declaration ready for signing is already attached to the application form);
  2. Recent photographs;
  3. Copies of a valid travel document (if there is a valid reason for not having one, another document confirming your identity);
  4. Legal title to the residential property in Poland where the foreign national will be staying;
  5. Documents necessary to verify the information contained in the application, including, in particular:
  6. Documents confirming 5 years’ legal, uninterrupted residence in Poland;
  7. Documents confirming that the foreign national has health insurance;
  8. Documents confirming a stable and regular source of income;
  9. Documents confirming knowledge of the Polish language, which may include:
  10. Certificate confirming proficiency in the Polish language at a minimum B1 level;
  11. A certificate of graduation from a school or university in Poland where the language of instruction was Polish;
  12. A certificate of graduation from a school or higher education institution abroad where Polish is the language of instruction;
  13. Confirmation of payment of the stamp duty.

EU long-term resident permit – deadline for submitting the application

Please note that an application for an EU long-term resident’s residence permit must be submitted no later than the last day of lawful residence in Poland.

EU long-term resident’s residence card (EU residence card)

Are you a foreign national who has been granted an EU long-term resident’s residence permit? Your first long-term residence card should be issued to you automatically for an indefinite period. We have already written about this in the post entitled: “RESIDENCE CARD – WHAT IS IT?”.

However, if for any reason you have not received this card, you must apply for it. You will find application forms in the article cited above.

Do you need help obtaining an EU long-term resident’s residence permit and having your residence card issued?

Are you a foreign national applying in Poland for an EU long-term resident’s residence permit and a long-term residence card? The Firma Dla Każdego Foundation can help you.

The ‘Firma Dla Każdego’ Foundation assists foreign nationals who wish to live and work in Poland entirely legally, by supporting them in their dealings with the authorities, translating foreign documents, providing legal assistance, and offering health insurance as well as medical and sports care packages.

You can find more information about the support the ‘Firma Dla Każdego’ Foundation offers to foreign nationals on the website: https://firmadlakazdego.pl/cudzoziemcy/.

Grzegorz Stępień
Author
Grzegorz Stępień

Przedsiębiorca od prawie 20 lat. Związany m.in. z branżą inkubatorów przedsiębiorczości. Od ponad ośmiu zarządza Fundacją Firma Dla Każdego, która prowadzi jeden z największych inkubatorów w Polsce. Specjalizuje się w zagadnieniach prowadzenia i rozwoju biznesu, legalizacji pobytu i pracy, a także aspektami podatkowymi prowadzenia firmy.

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