FAQ

PERMANENT RESIDENCE PERMIT

I am a citizen of Ukraine, my family is of Polish origin - can I apply for permanent residence?

Created on: 06.02.2020

You will be considered a person of Polish origin if you declare Polish nationality and meet the following conditions jointly:

  • At least one of your parents or grandparents or two great grandparents were of Polish nationality,
  • and show your relationship with Polishness.

Therefore, you must support your application with original documents confirming the Polish nationality of your ancestors together with certified translations. 

After how many years of stay in Poland can I get permanent residence?

Created on: 06.02.2020

It depends on the reasons for your stay in Poland so far:

There is no time limit in the following cases:

  • after receiving the asylum decision,
  • in the case of a child of a foreigner who has been granted a permanent residence permit or
  • long-term resident's EU residence permit, if it was born after granting this permit or before, if at the time of birth the parent had a temporary residence permit, was on the basis of a permit for tolerated stay, permission to stay for humanitarian reasons, refugee status or subsidiary protection or a child of a Polish citizen remaining under his parental authority,
  • person of Polish origin,
  • holder of a valid Pole's Card.

If you have been to Poland:

  • for a period of not less than 1 year in the case of:
    • opersons who are victims of human trafficking, who immediately before submitting the application for a permanent residence permit stayed in Poland for not less than a year on the basis of a temporary residence permit for victims of human trafficking.
  • for a period of at least 2 years in the case of:
    • ofor a spouse of a Polish citizen who has been married for at least 3 years before the day on which he/she submitted the application for a permanent residence permit and immediately before submitting the application he/she stayed continuously (link to the glossary - uninterrupted residence) in Poland for a period of not less than 2 years on the basis of a temporary residence permit granted in connection with being married to this Polish citizen.
  • for a period of at least 5 years in the case of:
    • ofor a person who immediately before submitting the application stayed continuously (link to the glossary - uninterrupted residence) in Poland for a period of not less than 5 years on the basis of refugee status, subsidiary protection or consent to stay for humanitarian reasons.
  • for a period of at least 10 years in the case of:
    • of a person who immediately before submitting the application (link to the glossary - uninterrupted residence) in Poland for a period of not less than 10 years on the basis of a permit for tolerated stay (only if the permit for tolerated stay was granted in connection with article 351 point 1 or 3 of the Act on foreigners).

Can all foreigners be granted permanent residence?

Created on: 06.02.2020

Permanent residence permit applies to foreigners whose primary purpose of stay is not for economic reasons. Persons such as: spouses of Polish citizens, persons of Polish origin, children of persons who already have a permanent residence permit or long-term resident's EU residence permit in Poland, asylum seekers, refugees or victims of trafficking are entitled to apply for this type of permit. Other foreigners who want to stay in Poland permanently, and have stayed in Poland in connection with the performance of work for a period of at least 5 years, should apply for a long-term resident's EU residence permit.

WORK

I graduated from full-time studies in Poland. What to do in order not to indicate the employer in the temporary residence and work permit?

Created on: 31.10.2021

You should attach a diploma confirming graduation from full-time study in Poland to the application for a temporary residence and work permit.

I applied for temporary residence and work permit and I'm still waiting for my decision to be issued, but I lost my job. Will my application be still examined?

Created on: 02.02.2020
  • You should inform us about it and provide your current correspondence address. We will send you a notice in which you will be requested to submit documents confirming your purpose of stay in Poland. In you still want to work in Poland, submit Annex No 1. Furthermore, you will also be required to submit the labour market test  or provide documents confirming you are exempted from the obligation to obtain it.  
  • If you would like us to further examine your case on the basis of any other circumstances, you need to submit a written declaration on the change of purpose of stay – then you will be requested to submit relevant documents confirming your new purpose of stay.

The foreigner is employed by a temporary employment agency and has a temporary residence card. Can he or she be directly employed by the user-employer? Will the card be still valid?

Created on: 02.02.2020

If the foreigner wants to work directly for the user-employer who was indicated in the decision, he/she has to obtain a new residence and work permit (submit another application), and inform the Governor about termination of the employment within 15 days.

My employee's residence card is about to expire and a new application has been filed. Is my employee allowed to legally work/ stay in Poland/ travel to his country of origin and re-enter the territory of Poland, on the basis of the stamp in passport?

Created on: 02.02.2020
  • If the foreigner continues to work for the same employer/industry on the same conditions of employment as those indicated in previous residence permit, s/he can legally work;
  • If work is performed on different conditions than those indicated in the residence and work permit, the foreigner will not be entitled to work legally, unless s/he holds another document entitling to legal work, such as a registered  declaration on entrusting work to a foreigner issued by District Employment Agency, or a work permit.
  • Having a stamp, the foreigner can travel form Poland to his/her country of origin, provided that the country of origin borders with Poland or has a direct flight connection with Poland. However, in order to re-enter the territory of Poland, the foreigner will need to obtain a new visa from the competent Consular Office in his country of origin, or be eligible for the visa waiver (provided that the foreigner is a citizen of one of the countries whose nationals are exempted from visa requirement).

My application is being processed by the Governor of the Wielkopolska Province but I would like to move to another province? Should I submit a new application?

Created on: 02.02.2020

No. Make sure you inform us that you changed place of residence and provide your new address. Your application will be forwarded to proper Governor whose territorial jurisdiction complies with your new place of residence and the procedure will be continued.

You'll find helpful forms here.

What type of health insurance is required in order to obtain a temporary residence and work permit?

Created on: 02.02.2020
  • If you work on the basis of an employment contract or a contract of mandate, submission of additional health insurance policy is not required;
  • If you perform work on the basis of a project delivery contract, you need to submit documents confirming you have health insurance.

I have a residence card but I would like to work for another employer. Do I need to wait for my current residence permit/residence card to be withdrawn?

Created on: 02.02.2020

You do not have to wait for your permit to be withdrawn. Make sure to apply for a new residence and work permit, as soon as possible. Remember that you are not allowed to work for your new employer on the basis of your residence card without a valid work permit (unless you hold another document entitling you to work for your new employer, such as a declaration on entrusting work to a foreigner or a work permit.

Pages