UDSC

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The 5-year residence period determining the award of residence permit for EC long-term resident does not include the stay of a foreigner:

• 1. who has been detained, placed in a guarded facility, under custody in order to be expelled, against whom a preventive measure has been applied in the form of a prohibition on leaving the country, or serving a custodial sentence due to execution of a judgement issued on the basis of acts of law;
• 2. who is an au pair employee, seasonal employee, delegated by a service provider for the purpose of cross-border service provision or who is a service provider providing cross-border services;
• 3. on the basis of the Schengen visa authorising only the entry and stay within the territory of the Republic of Poland for the purpose referred to in Article 26(1)(26), a visa issued for the purpose of taking up or continuing education or a residence permit for a fixed period granted under Article 53(1)(5) or (7) or Article 53a(1)(1)(a) or Article 53a(2).
• 4. as a head or member of diplomatic mission, director of consular office and member of consular personnel of a foreign state and another person equivalent to them on the basis of acts of law, agreements or commonly adopted international custom.

The 5-year residence period determining the award of residence permit for EC long-term resident does include half of period of the stay of a foreigner:

• 1. on the basis of a visa granted in relation to studies or vocational training underway or
• 2. on the basis of a residence permit for a fixed period granted in relation to the circumstances referred to in Article 53(1)(16) or Article 53a(1)(1)(b) of the Act on foreigners (studies or vocational training).

JUSTIFIED BREAKS IN STAY

A stay within the territory of the Republic of Poland is considered uninterrupted if no break in it was longer than 6 months and did not exceed 10 months in total, unless the break was caused by:

1) performance of professional obligations or the provision of work beyond the territory of the Republic of Poland on the basis of an agreement entered into with an employer who is seated within the territory of the Republic of Poland;

2) accompanying a spouse who performs professional obligations or provides work under the conditions referred to in Point 1 above;

3) foreigner's treatment.