Permanent residence right — EU/EEA/Swiss citizen

For the purposes of immigration regulations, an EU citizen is any foreign national who holds: citizenship of one of the EU member states (excluding Poland): Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, Ireland, Lithuania, Latvia, Luxembourg, Malta, the Netherlands, Germany, Portugal, Romania, Slovakia, Slovenia, Sweden, and Italy; citizenship of an EFTA member state that is a party to the EEA Agreement: Norway, Iceland, Liechtenstein; citizenship of Switzerland.

Pursuant to Article 21(1) of the Treaty on the Functioning of the European Union, every citizen of the European Union has the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and in the acts adopted to give them effect. These restrictions and conditions were adopted in Directive 2004/38/ECof the European Parliament and of the Council of April 29, 2004, on the right of residence of Union citizens and their family members to move and reside freely within the territory of the Member States, which was transposed into Polish law through the “Act on Entry.”

The foreigner had the right of residence in Poland for more than 3 months during the required period - i.e. is a citizen of an EU Member State other than Poland, Norway, Iceland, Liechtenstein or Switzerland, who during their stay met at least one of the conditions for the right of residence specified in Article 16 or 17 of the Entry Act. He/she thus used the freetom of movement in Poland as: employee self-employed person student a person undergoing vocational training another economically inactive person spouse of a Polish citizen a person who retained the right of residence in the cases referred to in Art. 17 of the Entry Act, see the explanation in the "Residence Registration" – "Requirements" tab.

The foreigner meets additional conditions of stay (if provided for their category) and met those conditions while staying in Poland - applies only to persons who study, train or are economically inactive (e.g. retirees), and who are not spouses of Polish citizens. has sufficient financial means to support themselves and family members who are dependent on them, so as not to become a burden on the social assistance system; has health insurance

Issuing authority the provincial governor with jurisdiction over the EU citizen’s place of residence; Initiation of the procedure upon application submitted by the EU citizen in person. Submitting an application via MOS is not currently possible. Stamp duty is not charged Method of confirming eligibility Issuance of a document confirming the right of permanent residence. A refusal is issued by way of an administrative decision, which may be appealed. Validity period of the document 10 years. After this period, it is subject to renewal upon request.

submitted the application in person, on a form (the requirement to submit in person toes not apply to a minor), together with the necessary annexes; presented a valid travel tocument or another tocument confirming identity and EU citizenship when submitting the application.

+ 4 current biometric photographs;

Typically, processing the application takes approximately 45 to 90 days.

A family member of an EU citizen is considered to be: spouse of an EU citizen; the child of an EU citizen and the child of their spouse – under 21 years of age or dependent on them or their spouse; the parent and the parent of their spouse remaining dependent on the EU citizen or their spouse; the parent of the minor EU citizen exercising actual custody and on whose maintenance the minor EU citizen remains.

Category: Students and persons undergoing vocational training - the right of residence to which they are entitled extends to: spouse; a child dependent on them or their spouse.

As an authorised member of the immediate family of an EU citizen who toes not hold EU citizenship, you, you may stay in Poland for up to 3 months without the need to meet any other conditions than holding a valid travel document and a residence visa, if required. If you wish to stay longer, you must meet the conditions of stay specified in the law and you should obtain a residence card.

After 5 years of uninterrupted residence, they will acquire the right to permanent residence.

EU citizens who meet the residence requirements and have resided in Poland continuously for at least 5 years or, in certain situations, for a shorter period, such as retired persons, those declared unfit for work, or spouses of Polish citizens.

The stay is considered uninterrupted if the breaks did not exceed 6 months in total per year. Exceptions include situations related to compulsory military service or resulting from a serious personal situation.

The foreigner has resided in Poland continuously, as a rule, for at least 5 years (3 years – as a spouse of a Polish citizen) preceding the submission of the application, subject to the condition that:

residence interrupts (i.e. resets) the execution of the deportation decision

You will acquire the right of permanent residence if you have resided in Poland continuously for a sufficiently long period while meeting the conditions of residence, even if you have not completed the formalities related to registering your residence.