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Permit for residence of a long-term EU resident

Is the permit for residence of a long-term EU resident indefinite? I have heard it is granted for only 5 years.

There is no such limit. This permit is indefinite. However, the ensuing residence card is valid for 5 years, after which time it may be renewed (replaced with a new one) on request from the foreign national.

I graduated from a post-high school in Poland. Does my diploma attest that my command of the Polish language is sufficient for me to apply for a permit for residence of a long-term EU resident?

Yes. If the Polish language was your medium of instruction, you have met the requirement of art. 211(1)(3) of the Law on Foreign Nationals and the diploma is your proof. The Law lists such proofs for the permit-granting procedure. The Education Law recognizes post-high schools as high (secondary) schools that provide such linguistic skills.

I completed postgraduate studies in Poland. May I use the diploma to prove my command of the Polish language while applying for a permit for residence of a long-term EU resident?

Yes. The diploma proves that you have met the requirement of art. 211(1)(3) of the Law on Foreign Nationals. Provided that the Polish language was the medium of instruction for your studies.

What documents can prove my command of the Polish language while applying for a permit for residence of a long-term EU resident?

Art. 211(3) of Law on Foreign Nationals contains a closed list of such evidence.

The list includes the following:

  • A certificate of command of the Polish language at an at least “B1” level, issued by the State Commission for the Certification of Command of Polish as a Foreign Language;

  • A certificate 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.

Note that such proof is not required for minors aged less than 16 on the application.

How long do I need to live in Poland to become eligible for a permit for residence of a long-term EU resident? What periods of residence are included?

You need to have resided in Poland at least 5 years uninterruptedly to get the permit for residence of a long-term EU resident.

The following periods are included:

–    The whole residence under the visa-exempt system;

–    The whole residence under a visa (excluding the Schengen Visa, for the purpose defined in art. 60(1)(23) of the Law on Foreign Nationals, i.e. given for humanitarian, state interest or international commitment purposes);

–    The whole residence under a permit for temporary residence (subject to the limitations applicable to studies and vocational training, the exclusion of short-time residence and the exclusion of the Intra-Corporate Transfer permit, permit for long-term mobility under the Intra-Corporate Transfer, permit for residence of a delegated employee and the permit for studying);

–    The whole residence under a permit for temporary residence and work;

–    One half of the residence under a visa for studies or under a permit for temporary residence for studies or for vocational training;

–    The whole residence under the EU Blue Card, whether issued in Poland or in another EU Member State (provided that the last 2 years before the application for the permit for residence of a long-term EU resident have been spent in Poland under the Blue Card);

–    The whole, or one half of, the residence in the course of application for international protection if longer, or shorter, respectively, than 18 months.

The following is not included:

–    The residence as of the date of the expulsion order, before the date set for the voluntary return, whether this date has been postponed or not;

–    The residence of the foreign national who has been expelled pursuant to art. 299(6);

–    The residence under a permit for the crossing of the border under the local transborder traffic system.

The terms of residence are accounted for pursuant to art. 212 the Law on Foreign Nationals.

How should I understand the 5-year “continuity” of my stay, prerequisite for becoming eligible for a permit for residence of a long-term EU resident? Will a brief travel abroad, e.g., for a vacation or holiday, break this continuity?

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 aggregate 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 aggregate within 5 years.

Note further that even 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).

Is the term of 5 years required for the grant of a permit for residence of a long-term EU resident counted back from the filing of the application or from the decision on the grant?

Five years preceding the application. See art. 211(1) of the Law on Foreign Nationals.

Can a permit for residence of a long-term EU resident be granted to a child (an underage person)?

The Law does not preclude underage foreign nationals for applying from, or getting, such permit.

Note, however, that the 5-year term of legal and uninterrupted residence does not include the period of residence for learning. So, if this was the only purpose of residence (e.g., living in a dormitory while the parents lived abroad), this period will not be recognized.

How to document that I have a legal title to my living place for the purpose of applying for a permit for residence of a long-term EU resident?

You need an official document. A confirmation of registration of your stay at your address or a representation of the real property owner is insufficient.

You may present any of the following:

–    A notarial deed stating that you own the place;

–    A tenancy agreement specifying its terms and duration;

–    A loan agreement if the owner of the place is your spouse, ascendant (parent, grandparent, great-grandparent, parent-in-law) or descendant, provided that you can prove this relationship (e.g., by presenting an official certificate of personal status).

A proof of your legal title to your place of living has to be attached to your application for the grant of the permit and if you fail to present it while applying or later, on demand, the procedure will not be undertaken (the Province Governor will refuse to start it).

I have been residing in Poland 5 years without interruption. My income situation was unstable lately and I am anxious that I could be refused the permit. May I postpone my application until my financial status improves?

The Law on Foreign Nationals does not require, but just allows, a foreign national to seek an indefinite permit. It is up to you. If you suspect that you do not meet the requirements, you may wait until you do.

How do you define a “stable and regular” source of income and a “sufficient income”? How are these evaluated as part of the proceeding for the grant of a permit for residence of a long-term EU resident?

The Law on Foreign Nationals requires that your income is legal, stable and regular (meaning reasonable certainty and continuity) and sufficient for your and your dependants’ subsistence (higher than the threshold of eligibility for social benefits).

This stability is tested for a longer period (2 years, if you are a highly qualified person, or 3 years, otherwise, before your application). The test serves to ensuring that you will not become a financial liability for the state. A slight fluctuation is not a cause for assuming that you will not meet the income criterion in the future.

 

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