Permanent residence permit
Who can submitt an application?
A permanent residence permit is granted in the cases specified in art. 195 of the Foreigners Act and concerns:
- the minor child of a Polish citizen, remaining under their parental authority;
- the minor child of a foreigner who has been granted a permanent residence permit or a residence permit of a long-term EU resident, remaining under their parental authority:
born after this foreigner has been granted a permanent residence permit or a residence permit of a long-term EU resident, or
born during the period of the validity of a temporary residence permit granted to this foreigner or during the stay of that foreigner on the territory of the Republic of Poland on the basis of a consent for residence on humanitarian grounds or a consent for tolerated residence, or in connection with granting the refugee status or granting subsidiary protection;
- the spouse of a RP who:
remains in matrimony with a Polish citizen that is recognized by the law of the Republic of Poland, and has remained in this matrimony for at least 3 years before the date on which they have submitted an application for a permanent residence permit, and
immediately before submitting this application, they have resided continually on the territory of the Republic of Poland for the period not shorter than 2 years on the basis of a temporary residence permit granted in connection with remaining in this matrimony with this Polish citizen (art. 158 par. 1 pt. 1 of the Foreigners Act) or in connection with obtaining the refugee status, subsidiary protection or a consent for residence for humanitarian reasons; - a person of the Polish origin who intends to settle permanently on the territory of the Republic of Poland, and at least one of their parents or grandparents or two great-grandparents were of the Polish nationality;
- the holder of a valid Polish Charter who intends to settle on the territory of the Republic of Poland permanently.
A permanent residence permit may also be granted to:
- a victim of human trafficking, who:
has resided in Poland immediately before submitting an application for a permanent residence permit for the period not shorter than 1 year on the basis of a temporary residence permit for victims of human trafficking,
has cooperated with law enforcement authorities in criminal proceedings concerning the offense mentioned in art. 189a § 1 of the Penal Code,
has reasonable concerns about returning to their country of origin.
- a Foreigner who has resided continually on the territory of the Republic of Poland for the period not shorter than 5 years immediately before submitting an application for a permanent residence permit on the basis of the refugee status, subsidiary protection or a residence permit for humanitarian reasons.
- a Foreigner who has resided continually on the territory of the Republic of Poland for the period not shorter than 10 years immediately before submitting an application for a permanent residence permit on the basis of a consent for tolerated residence granted on the basis of art. 351 pt. 1 or 3 of the Foreigners Act.
- a Foreigner who has been granted asylum on the territory of the Republic of Poland.
In the case of a foreigner who is a minor, an application for granting them a permanent residence permit is submitted by parents or guardians appointed by the court or by a parent or by a guardian appointed by the court.
When applying for a permanent residence permit by a foreigner who is a minor who has turned 6 years old at the date of submitting an application, their presence is required. The obligation of being fingerprinted does not apply to foreigners who have not turned 6 years old at the date of submitting an application.
This permit is granted for an indefinite period of time. On its basis, a residence card valid for 10 years is issued. This document is collected personally. If a residence card has been issued to a foreigner who has not turned 13 years old till the date of its collection, the card is collected by their statutory representative or the custodian. During the period of its validity, a residence card confirms the identity of a foreigner during their stay on the territory of the Republic of Poland, and entitles them to cross the border together with a valid travel document repeatedly without the need for obtaining a visa.
A foreigner who possesses a permanent residence permit is entitled to work on the territory of the Republic of Poland without the necessity of possessing a work permit. The annotation "access to the labour market" is placed in the residence card issued in connection with granting a permanent residence permit to a foreigner.