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LEGAL BASIS

Articles 42, 43, 45 and 63 of the Act of 14th July 2006 on the entry into, residence in and exit from the Republic of Poland of citizens of the European Union Member States and their family members (Journal of Laws no 144, item 1043, as amended)..

COMPETENT AUTHORITY

The application for a document confirming the right of permanent residence shall be submitted at the Voivodeship Office competent for a place of residence of an EU citizen.

CONDITION OF A CONTINUOUS STAY

The right of permanent residence shall be acquired after 5 years of continuous stay in the territory of the Republic of Poland.

CONTINUOUS STAY:

The residence in the territory of Republic of Poland is considered to be continuous if the interruptions do not exceed in total 6 months in a year.

Stay in the Republic of Poland is not considered as interrupted if the territory is left for a period longer than 6 months in a year because of:

• carrying out a compulsory military service,
• important personal situation, in particular pregnancy, childbirth, illness, studies, vocational training, delegation requiring stay outside the Republic of Poland, provided that such period is not longer than 12 consecutive month

The execution of a decision on expulsion of EU citizen shall be considered as discontinuation of his or her stay in the territory of the Republic of Poland.

The document confirming the right of permanent residence will be issued without delay after the application is submitted.

DOCUMENTS:

• application for issuing the document confirming the right of permanent residence filled out in Polish;
• 5 up-to-date photographs (undamaged, clear, colour 4.5 x 3.5 cm photographs of a person without headwear or dark glasses. The photograph should show a left semi‑profile with the left ear visible, the face should be evenly illuminated. A person with congenital or acquired sight defects may attach to the application photographs of him/her with dark glasses. A person who wears headwear for religious purposes may attach photographs of him/her with such headwear. The headwear, however, cannot make it impossible to identify the person);
• a valid travel document or other valid document confirming identity and citizenship to be presented;

FEES

A fee for issuing a residence card for a family member of an EU citizen is PLN 30.

When collecting a document confirming the right of permanent residence a valid travel document or another valid document confirming identity and citizenship must be presented, and a proof of having paid the fee of 30 zloty; in case where the document is collected by the applicant's representative - a power of attorney to collect the document confirming the right of permanent residence must also be presented.

APPEALING

A foreign national may appeal the decision to the Head of the Office for Foreigners through the intermediary of the competent Voivod. Written appeals may be submitted within 14 days from the day of receiving the decision.

EXCHANGE OF THE DOCUMENT CONFIRMING THE RIGHT OF PERMANENT RESIDENCE

The document confirming the right of permanent residence is replaced in case:

1. the data presented in the document changes,
2. it is damaged or other circumstances occur which make it difficult to establish the identity of its holder.

Replacement of a document confirming the right of permanent residence or issuing a new document is done without delay after an EU citizen has submitted the application.

The application must be submitted in person. The requirement of personal submission of the application does not concern minors.

The application:

• for a replacement of the document confirming the right of permanent residence is accompanied by the currently held document confirming the right of permanent residence and 2 photographs,

• for issuing a new document confirming the right of permanent residence is accompanied by 5 photographs.

Anyone who:

• fails to return a document confirming the right of permanent residence or a permanent residence card of an EU citizen's family member, contrary to the requirement,

is punishable with a fine.

LOSS OF THE DOCUMENT confirming the right of permanent residence

In case of a loss of the document confirming the right of permanent residence, a new document will be issued.