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› MAIN PAGE › LEGALISATION OF FOREIGNER’S STAY IN THE TERRITORY OF POLAND › Settlement permit

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Settlement permit is issued upon an application of a foreigner who:

1. is a juvenile child of a foreigner with a settlement permit, born in the territory of Poland;
2. has been married to a Polish citizen for at least 3 years prior to lodging the application and directly before lodging the application continuously stayed in Poland for at least 2 years upon a residence permit for a defined period of time;
3. directly before lodging the application continuously stayed in Poland for at least 10 years upon a tolerated residence permit or for at least 5 year in connection with acquiring a refugee status;
4. is a child of Polish citizen and remains under his custody.

Residence in territory of Poland is considered as continuous when any absence period 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 work outside Polish territory, as quoted in point 1;
3. necessity to obtain a travel document;
4. medical treatment of a foreigner.

Settlement permits for EC long-term residents are granted for indefinite period of time.

As of the date a foreigner acquires a long-term EC resident's residence permit his settlement permit expires.

A foreigner may submit settlement permit application during his legal stay in Polish territory.
 
A foreigner staying in Poland upon visa, as quoted in article 33 of the law on foreigners, detained foreigner, placed in guarded centre, in detention with an expulsion order, with regard to which a preventive measure in form of prohibition to leave the country or deprival of freedom as result of execution of sentences issued upon Laws, cannot lodge a settlement permit application.
 In case when, before expiry of foreigner's legal stay in Poland, a final decision on issuance of a settlement permit has not been made, Voivode (governor) issues to foreigner stay visas until final decision is made.

When applying for settlement permit you must submit:

1. a completed application form for issuance of a settlement 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 settlement permit,
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 settlement permit.
Residence card is a document that confirms obtaining the settlement permit.

A general duty fee of PLN 600 is charged for issuance of a settlement permit.
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 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's  card issued due to acquisition of a settlement permit;
5. loss or wear out of card.

Voivode appropriate for foreigner's place of residence replaces the card.

Foreigner who has lost card of residence must notify issuing Voivode within 3 days from the loss. In case a lost residence card is found, foreigner must notify Voivode within 3 days from the date it is found and immediately return recovered residence card if replacement card has been already issued.

Foreigner must immediately return residence card to issuing authority - upon delivery of a document confirming acquisition of Polish citizenship or decision on withdrawal of settlement permit.