przejdź do zawartosci


UDSC

Urząd do Spraw Cudzoziemców

A A A

Residence permit for a long-term EC resident

A third-country national with long-term EC resident status in one of EU member countries has the right to acquire a temporary residence permit in other member state provided that certain circumstances justifying his residence in such country occur and he has stable and regular income and health insurance. This concerns also family members of foreigners.

Residence permits for long-term EC residents are issued upon an application submitted by a third-country national who, directly before lodging an application, was legally and continuously residing in Poland for at least 5 years and who has:

  1. a stable and regular income sufficient to cover costs of living of both applicant and dependant family members;
  2. health insurance as understood by regulations on common health insurance or confirmation for coverage of treatment costs in Poland by the insurer.

Residence permit for long-term EC resident cannot be granted to a third-country national that:

  1. completes studies or vocational training;
  2. has a tolerated residence permit, political asylum, refugee status given by Republic of Poland or who is subject to temporary protection;
  3. applies for a refugee status or political asylum;
  4. is an "au pair" employee or a seasonal employee delegated by provider of services to render trans-border services or a trans-border services provider;
  5. resides in Poland upon a visa, as described in article 33 of the law on foreigners, or upon a temporary residence period granted upon article 53 par. 1 point 7 of the law on foreigners;
  6. was detained, placed in guarded centre, in detention with expulsion order, against whom prevention measure in form of prohibition to leave the country or deprival of freedom in spite of execution of sentences issued upon Laws have been administered.

From the 5-year period, which determines granting of a residence permit for EC long-term resident, excluded are residence periods when a third-country resident:

  1. was detained, placed in guarded centre, in detention with expulsion order, against whom prevention measure in form of prohibition to leave the country or deprival of freedom in spite of execution of sentences issued upon Laws was administered;
  2. is an "au pair" employee, a seasonal employee, delegated by provider of services to render trans-border services or a trans-border services provider;
  3. resides upon a visa, as described in article 33 of the law on foreigners, or upon a temporary residence period granted upon article 53 par. 1 point 7;
  4. resides as head, staff member of diplomatic mission's personnel, manager of consular office and member of third-country's consular staff as well as any other person of equal status on ground of Laws, agreements or commonly binding international practices.

Half of residence period on ground of a visa or upon a temporary residence permit granted for completion of studies or vocational training are counted to the 5-year period, which determines granting of a residence permit for a long-term EC resident.

Residence in territory of Poland is considered as continuous, when any absence in stay did not exceed 6 months and total absence did not exceed 10 months, unless absence was caused by:

  1. performance of professional duties or performance of work outside Polish territory, upon a contract with employer domiciled in Poland;
  2. accompanying spouse performing professional duties or performing work outside Polish territory upon a contract with employer domiciled in Poland;
  3. necessity to obtain a travel document;
  4. medical treatment of a foreigner.

Residence permits for long-term EC residents are granted for indefinite period of time.
As of the date a third-country national obtains long-term EC resident's residence permit his settlement permit expires.

A third-country national may submit an application for residence permit for a long-term EC resident during his legal stay in territory of Poland, with reservation for cases stated hereunder:
 In case when, before expiry of legal stay of a third-country national in Poland, a final decision on granting a residence permit for long-term EC resident has not been made, Voivode (governor) issues to third-country national a visa until final decision is made.
 
A residence permit for EC long-term resident application cannot be lodged by a third-country national residing in Poland upon a visa, as quoted in article 33 of the law on foreigners, by a third-country national who was detained, placed in a guarded centre, in detention with expulsion order, or against whom prevention measure in form of prohibition to leave the country or deprival of freedom in spite of execution of sentences issued upon Laws have been administered.
 
Application in such case also cannot be submitted by a third-country national completing studies or vocational training, with a tolerated residence permit, political asylum, refugee status granted in Poland or who is subject to temporary protection, applying for a refugee status or political asylum, an "au pair" employee, seasonal employee delegated by provider of services to render trans-border services or a trans-border services provider, as well as a third-country national residing in Poland upon a temporary residence permit issued upon article 53, paragraph 1 point 7 of the law on foreigners.
 In case an application for residence permit for a long-term EC resident that concerns one of aforementioned cases is lodged it will be left unprocessed.

When applying for residence permit for a long-term EC resident you must submit:

  1. a completed application form for issuance of a long-term EC resident's residence permit,
  2. 4 colour photographs 4,5cm x 3,5cm,
  3. documents necessary for confirmation of data provided in the form and circumstances justifying application for residence permit of long-term EC resident,
  4. general duty stamps,
  5. legal title to occupied dwelling, in which you stay or intend to stay, and documents confirming dwelling costs,

Contract for loan of use with a third-country national shall not be considered as a legal title to occupied or intended for occupation dwelling, unless the lender is his descendent, ascendant, or spouse, spouse's parents or foreigner's siblings.

Voivode appropriate for foreigner's intended place of residence makes decision on issuance of residence permit for a long-term EC resident.
Residence card is a document that confirms obtaining residence permit for a long-term EC resident.

A general duty fee of PLN 600 is charged for issuance of a residence permit for a long-term EC resident.
A fee of PLN 50 is charged for issuance of a residence card.

Foreigner is obliged to claim his residence card personally, and in case of a juvenile under 13 years of age - his legal representative or legal guardian claims the card.

Foreigner is obliged to replace his residence card in following cases:

  1. change of data stated in it,
  2. change of appearance impeding his identification,
  3. damage of card to a degree impeding its use,
  4. expiry of residence card issued with acquiring residence permit for EC long-term resident.
  5. loss or wear out of card

Voivode appropriate for foreigner's place of residence does replacement of card.
Foreigner who has lost residence card must notify issuing Voivode within 3 days from the loss. In case lost residence card is found foreigner must notify Voivode within 3 days from the date it is found and immediately return the found residence card,  if replacement card has been already issued.
Foreigner must immediately return residence card to issuing authority - upon receipt of a document confirming acquisition of Polish citizenship or decision on withdrawal of residence permit for a long-term EC resident.

Residence permit for a long-term EC resident, amongst other, shall be withdrawn if: foreigner has left Poland for a period exceeding 6 years, has left European Union territory for a period of consecutive 12 months or has acquired a long-term EC resident's permit in the territory of another EU member country.

In case residence permit for a long-term EC resident shall be withdrawn for aforementioned reasons, subsequent residence permit for a long-term EC resident may be issued, when third country national meets requirements for granting such permit, however he must reside for at least 3 years in the territory of Poland directly before the application is lodged.

 

Last change of this page: 11.12.2006.

Printable version

Search



© 2008 UDSC

| Contact |