For many foreigners who have tied their lives to Poland, obtaining a permanent residence permit is an important goal, symbolizing full stabilization and integration. Unlike temporary permits, permanent residence grants the right to live in Poland indefinitely and comes with a number of additional rights. But who qualifies for this status, and what specific benefits does it bring?
Introduction: permanent residence – Stability and full rights in Poland
A permanent residence permit is one of the most desirable residence statuses for foreigners in Poland. It provides a sense of security and belonging, equating the foreigner’s rights in many aspects to those of Polish citizens (excluding purely political rights, like voting in national elections). Obtaining it is possible only after meeting specific conditions strictly defined by law, often related to origin, family ties, or long-term residence under special circumstances.
What is a permanent residence permit and the permanent residence card?
A permanent residence permit (zezwolenie na pobyt stały) is an administrative decision by the Voivode granting a foreigner the right to reside in the territory of Poland indefinitely. It is granted based on the Polish Act on Foreigners. The document confirming possession of this permit is the Permanent Residence Card (Karta Pobytu Stałego), which is valid for 10 years. After this period, the document (card) itself is replaced, but the permanent residence status remains valid indefinitely.
Who qualifies for permanent residence? Main legal grounds
The conditions for obtaining a permanent residence permit are precisely defined in Article 195 of the Act on Foreigners. Unlike the EU long-term resident permit (which requires, among other things, 5 years of residence and language proficiency), permanent residence is most often linked to specific ties with Poland. The main groups eligible to apply include:
- Children:
- A minor child of a Polish citizen remaining under their parental authority.
- A minor child of a foreigner who holds a permanent residence permit or an EU long-term resident permit in Poland, remaining under their parental authority and born after the parent obtained one of these permits (or during the validity of their temporary permit).
- Persons of Polish Descent / Pole’s Card Holders:
- A person of documented Polish origin (pochodzenie polskie) intending to settle permanently in Poland.
- A holder of a valid Pole’s Card (Karta Polaka) intending to settle permanently, who, immediately before submitting the application, resided in Poland continuously for at least one year based on a temporary residence permit granted for this purpose or a national visa.
- Spouses of Polish Citizens:
- A foreigner who has been married to a Polish citizen under Polish law for at least 3 years before submitting the application AND resided in Poland continuously for at least 2 years immediately before applying based on a temporary residence permit granted in connection with being married to that Polish citizen (or due to having refugee status, subsidiary protection, or humanitarian stay).
- Persons under Protection in Poland:
- A foreigner who has resided in Poland continuously for at least 5 years based on refugee status, subsidiary protection, or consent for stay for humanitarian reasons.
- Persons with Tolerated Stay:
- A foreigner who has resided in Poland continuously for at least 10 years based on consent for tolerated stay (granted in specific cases).
- Victims of Human Trafficking: Under specific circumstances, after meeting additional conditions.
Permanent residence vs. EU long-term resident stay – Key differences
It’s important to distinguish the national permanent residence permit from the EU long-term resident permit:
- Permanent Residence: Grounds mainly related to origin, family, protection. No general Polish language requirement (though helpful for life). Status based on Polish law.
- EU Long-Term Resident: Basis is primarily length of stay (min. 5 years legal & continuous), stable income, insurance, AND requirement of Polish language knowledge at B1 level. Status based on an EU directive, potentially offering easier mobility within the EU.
What rights and benefits does the permanent residence card grant?
Holding a permanent residence permit comes with numerous benefits:
- Right to reside indefinitely: The greatest residence stability.
- Full access to the labor market: Ability to work for any employer in Poland without needing a work permit.
- Possibility to conduct business activity on the same terms as Polish citizens.
- Access to social benefits, healthcare, and education on terms similar to Polish citizens.
- Right to travel within the Schengen Area (up to 90 days in any 180-day period).
- Facilitated path to citizenship: Holding a permanent residence permit shortens the required period of residence in Poland needed to apply for recognition as a Polish citizen (usually to 3 years of continuous residence on this permit).
The application process – What to prepare? (General overview)
The application for a permanent residence permit is submitted to the Voivode competent for the foreigner’s place of residence. In addition to standard documents (application form, photos, passport, fee), it is crucial to attach evidence confirming fulfillment of the specific legal grounds, e.g.:
- Documents proving Polish descent.
- A valid Pole’s Card and documents confirming one year of residence.
- Marriage certificate with a Polish citizen, copy of spouse’s ID/passport, documents proving cohabitation and 2 years of residence on the appropriate basis.
- Children’s birth certificates.
- Decisions confirming refugee status/subsidiary protection and documents proving 5 years of residence.
The waiting time for a decision, similar to temporary permits, can often be long.
Anya’s story (with pole’s card): The path to permanent residence
Anya, holding a Pole’s Card, came to Poland intending to settle permanently. First, she obtained a national visa on this basis, and after arrival, applied for a temporary residence permit due to her intention to settle. After one year of legal and continuous residence in Poland based on this permit, she applied for a permanent residence permit, attaching her Pole’s Card and documents confirming the one-year stay. After several months, she received a positive decision and the Permanent Residence Card, which gave her a sense of full stability in the land of her ancestors.
Summary: permanent residence – For people with strong ties to Poland
The permanent residence permit is a form of stay legalization primarily intended for foreigners who have special ties with Poland – family, ethnic (Polish descent), or who have found protection in Poland. It grants broad rights and represents a significant step towards full integration, and often, towards Polish citizenship.
Thinking about obtaining permanent residence in Poland? Want to check if you qualify and which legal basis applies to you? Need help gathering documents, especially those proving descent or family ties? Contact our law firm! We will help you assess your possibilities and support you throughout the application process.
