Granting the permanent residence permit to a foreigner means that they can stay in Poland for an indefinite time. However, they should remember, that the card which has been issued to them should be exchanged every 10 years. A permanent residence permit issued in Poland does not entitle the foreigner to take up work in another country, meanwhile, he can travel to other Schengen Area countries for up to 90 days in a 180-day period as a tourist. A foreigner to be able to obtain such a permit has to meet certain requirements imposed by a statute.
What kind of circumstances can serve as a basis to apply for a permanent residence permit?
A foreigner may apply for permanent residence permit, if:
- is a child of a foreigner who has a permanent residence permit in Poland or a long-term EU resident permit, remaining in the parental custody of the foreigner, and: o
- was born after the parent was granted a permanent residence permit in Poland or a longterm EU resident permit, or
- was born during the period of validity of the temporary residence permit granted to his parent.
- is a child of a Polish citizen in parental custody of the citizen,
- is a person of Polish origin and intends to settle in Poland permanently,
- has been married to a Polish citizen in a marriage recognized by Polish law for at least 3 years prior to filing the application for a permanent residence permit and has stayed in Poland without interruption immediately before filing the application for at least 2 years pursuant to a temporary residence permit issued pursuant to marriage with a Polish citizen or to obtaining refugee status, subsidiary protection or consent for stay issued due to humanitarian reasons
- is a victim of human trafficking and:
- lived in Poland immediately before filing the application for a period of at least 1 year pursuant to a temporary residence permit issued to foreigners who are victims of human trafficking,
- has co-operated with law enforcement organs in criminal proceedings,
- has justified concerns regarding the return to the country of origin, confirmed by the prosecutor conducting proceedings in the particular case.
- has stayed in Poland uninterruptedly immediately before filing an application for a permanent residence permit for at least 5 years pursuant to refugee status, subsidiary protection or consent for stay issued due to humanitarian reasons,
- has stayed in Poland uninterruptedly immediately before filing an application for a permanent residence permit for at least 10 years in the case of a tolerated residence permit granted in the following cases:
- if an obligation of the foreigner to return may only apply to a country where:
- the foreigner's right to life, freedom and personal safety would be threatened, or
- the foreigner may be subjected to torture or inhuman or degrading treatment or punishment, or
- the foreigner may be forced to work, or
- the foreigner may be deprived of the right to fair judicial proceedings or be punished without legal grounds,
- the foreigner may be obliged to return only to a country to which it is impermissible to extradite the foreigner pursuant to a court decision or to a judgment of the Minister of Justice refusing to extradite the foreigner,
- if an obligation of the foreigner to return may only apply to a country where:
- has been granted asylum in Poland, or
- has a valid Pole's Card and intends to settle in Poland permanently.
The alleged circumstances that have been pointed out by the foreigner, should be persuasively documented in the application form, which shall be later submitted to provincial office’s department of foreigners, which is appropriate according to the inhabitancy of an applicant.
How long does the procedure of issuing permanent residence permit take?
As a general rule, the decisions concerning permanent residence permit should be issued within one month, unless the case is complicated. In such a case, hole procedure may be prolonged, what the foreigner should be informed about.
However, as practice of many provincial offices shows, waiting has been dramatically extended.
What are the costs of applying for permanent residence permit?
An administration fee for submitting an application for permanent residence permit is 640zł. Additional 50zł must be paid for issuing a residence card.
Permanent residence permit | Lawyer's help in Gdansk, Warszaw or Gdynia
THE LAWYERS OF KL LAW POLSKA are pursuing the procedures before provincial offices in regard to legalization of stay of the foreigners and receiving residence card. We have been dealing with foreigners’ cases in provincial office in Gdansk, Warsaw, Olsztyn, Krakow, Kielce, Poznan and many other cities.
If you need lawyer’s help, contact us:
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