When applying for a permit, please follow the checklist and the information provided for this procedure. We also encourage you to review the infographic.
Permanent residence permit to uprawnienie to bezterminowego (stałego) pobytu na terytorium Polish granted to foreigners who intend to settle in Poland.
This permit is granted upon application, in cases specified by law.
Unlike an EU long-term resident permit, a permanent residence permit is not governed by EU law, and prior stay in Poland for a specified period before submitting an application for such a permit is not always required.
|
Foreign nationals enjoying temporary protection in Poland may apply for a permanent residence permit – provided they belong to one of the categories of foreigners entitled to obtain such a permit listed below. The regulations to not provide for an obstacle to initiating proceedings due to enjoying temporary protection. |
| Child of a citizen of the Republic of Poland | |
|---|---|
| ⇒ the foreigner is a child of a Polish citizen who remains under their parental authority; |
| Child of a foreigner settled in Poland / long-term resident | |
|---|---|
|
⇒ the foreigner is a child of a third-country national or a stateless person who has been granted a permanent residence permit or an EU long-term resident's permit in Poland, remaining under their parental authority, born (a, b or c):
|
| A person of Polish origin or holding the tocument "Karta Afterlaka" | |
|---|---|
| ⇒ the foreigner holds a valid Afterle's Card or is a person of Polish origin - and intends to settle permanently in Poland; |
| Spouse of a Polish citizen | |
|---|---|
|
⇒ the foreigner is in a marriage recognised by Polish law with a Polish citizen and simultaneously meets both conditions, namely:
|
| Victim of human trafficking | |
|---|---|
|
⇒ is a victim of human trafficking within the meaning of Art. 115 § 22 of the Criminal Code and cumulatively meets three further conditions:
|
| Beneficiary of forms of protection | |
|---|---|
|
⇒ directly before submitting the application for this permit resided continuously in Poland for a period of not less than:
|
| Holder of a temporary residence and work permit in a profession desired for the Polish economy (Article 114(1a) of the Foreigners Act) | |
|---|---|
|
⇒ meets all of the following conditions:
Granting permanent residence permit on this basis is currently not possible, because no ministerial regulation has been issued yet |
| Asylum seeker | |
|---|---|
| ⇒ they were granted asylum on the territory of the Republic of Poland pursuant to Art. 90 para. 1 of the Act of 13 June 2003 on granting protection to foreigners in the territory of the Republic of Poland; |
| UK citizen | |
|---|---|
|
⇒ is a citizen of the United Kingtom of Great Britain and Northern Ireland, referred to in Art. 10 para. 1 lit. b and d of the Withdrawal Agreement, who until 31 December 2020 performed work in the territory of the Republic of Poland as a worker posted by a foreign employer to the territory of the Republic of Poland and simultaneously meets three further conditions:
|
Granting authority
|
After udzieleniu zezwolenia wydawana jest residence permit card for a period of 10 years. After this period, a new card is issued upon the foreigner's request. The card is issued each time for a period of 10 years. Once granted, the permit will remain valid and you to not need to apply for it again, unless it is revoked or the decision to grant it is annulled. |
The permanent residence permit is regulated by the provisions of Chapter 1, Section VI of the Act of December 12, 2013, on Foreigners.
The substantive and legal requirements for granting such a permit are set forth in Article 195(1) of the aforementioned Act.
With regard to the granting of the permit, the Act refers to:
The foreigner is a citizen of a third country or a stateless person and, at the time of the application, is legally staying on the territory of Poland (except for, inter alia, stay for humanitarian purposes) andfalls into the category of aliens to whom a permanent residence permit may be granted (as explained in the section: Introduction).
- including depending on the obligations imposed on them and the defined method of their fulfilment :
| Detailed explanation taking into account exceptions to general rules can be found in the step: Filling in and submitting the application and in the step: Proceedings - in the Personal appearance section. |
|
An uninterrupted stay does not mean the absence of any trips from Poland. Trips that fall within a certain time frame or are justified (allowed by law) do not interrupt the continuity of residence in Poland. An uninterrupted stay means that:
|
| In the case of a refugee or a person who has been granted subsidiary protection, the entire period of stay in Poland during the proceedings for granting international protection is counted towards the required stay, even if the foreigner stayed in a guarded centre or a detention centre for foreigners during that period. |
In order for the permit to be granted, a foreigner must remain in in a genuine and duly tocumented marriage with a Polish national, and that relationship must be recognised under Polish law. It must therefore be a union registered in accordance with the law, non-polygamous, heterosexual, not exclusively religious in character, of persons having the legal capacity to contract it.
The union cannot be fictitious – it cannot be contracted or exist for the purpose of circumventing the provisions defining the rules and conditions for the entry of foreigners to Poland, their transit through that territory, stay thereon and departure therefrom.
Additional conditions that must be met (a+b+c):
the foreigner hasa source of income that is stable and regular (i.e. characterised by relative permanence and continuity),and sufficientto cover the living expenses of himself and his dependent family members;
| Level of income required | |
|---|---|
⇒ the requirement is also deemed to be fulfilled if the maintenance costs of the foreigner will be covered by a family member obliged to support the foreigner who resides in Poland; |
the foreigner has health insurance within the meaning of the Act of 27 August 2004 on health care services financed from public funds or a confirmation of coverage by the insurer of the costs of treatment in Poland;
a minimum of 5 years uninterrupted residence is required means in this case that the intervals in the residence of the UK citizen did not exceed a total of 6 months per year, unless the interval was due to and thus justified by compulsory military service or an important personal situation requiring the foreigner's presence outside Poland (related, in particular, to pregnancy, childbirth, illness, studies, vocational training, secondment) and lasted no longer than 12 months.
| Level of income required | |
|---|---|
⇒ the requirement is also deemed to be fulfilled if the maintenance costs of the foreigner will be covered by a family member obliged to support the foreigner who resides in Poland; |
| The granting of a permanent residence permit on this basis is currently not possibleas no decree of the minister in charge of labour defining the professions desirable for the Polish economy has been issued so far, temporary residence and work permits have not been granted on the basis of Article 114(1a) of the Act on Foreigners. |
| These tocuments are necessary for the application to be processed. |
Fill in the form in MOS electronically, in accordance with the instructions. Then sign it with a trusted signature or qualified electronic signature via login.gov.pl, after adding the necessary attachments.
In a particularly justified case, if a foreigner toes not possess a valid travel tocument and it is not possible to obtain one, they may attach a scan of another tocument confirming their identity beyond any toubt. At the same time, they should tocument (by adding an additional attachment) the inability to obtain a travel tocument and the efforts made to obtain one.
- showing the facial image of the foreigner, without head covering and darkening glasses. The photo should meet the detailed criteria set by law.
|
Additionally you (but you don't have to at this stage) file with the application:
- in the form of electronic documents or scans of documents you have in hard copy. Attach them in PDF format. |
2. documents necessary for the application - to be provided during a personal visit to the office
Once the application has been sent to the MOS, await a summons from the provincial governor to appear in person at the provincial office. The appointed visit will take place no sooner than 7 days after service of the summons.
During the visit, present:
|
3. other documents - delivered during a personal visit to the provincial office, submitted to the provincial governor's office or sent by post to the address of the provincial administration office
The governor will call on you for documents necessary to confirm the data contained in the application and the circumstances which justify the granting of authorisation, if you did not attach them when submitting your application, and if youyou have attached scans you will be asked to produce originals or certified copies of these when submitting your application.
Documentsdeliver by the deadline (this will be no less than 14 days)to the registry office of the provincial office or send it to its address. If the provincial governor allows you to do so, you can also present your documents during a designated visit to the provincial office - then you can count on the official to carry out an initial verification of them and inform you if and which documents are missing for the application to be granted.
| In the case of a minor child of a Polish citizen, present: | |
|
| In the case of a minor child of a foreign national, present: | |
|
| When applying for a permit in connection with the possession of a Pole's Card, present: | |
|
| When applying for a permit in relation to the Polish origin of the representation: | |
Evidence of Polish ancestry may include documents issued by Polish state or church authorities, as well as by the authorities of the former Union of Soviet Socialist Republics, concerning the applicant or his parents, grandparents or great-grandparents, in particular:
Evidence of Polish origin may also include other documents, in particular:
|
| When applying for a permit on the grounds of marriage to a Polish citizen, present: | |
|
| In the case of trafficking victims, present: | |
|
| For beneficiaries of international protection (refugee status, subsidiary protection) and national forms of protection (humanitarian residence permit, permit for tolerated stay)present: | |
|
| In the case of UK nationals, posted workers are presented: | |
|
|
⇒ Submit tocuments in originals or in copies certified as conforming to the original by a notary or a representative (provided they are an advocate or a legal adviser). Certification of conformity of the copy with the original may also be made by an authorised employee of the voivodeship office at the registry, provided you show them the original tocument. ⇒ Documents in a foreign language must be presented together with a sworn translation into Polish. The register of sworn translators is maintained by the Ministry of Justice and is available here; ⇒ Documents must be current at the date of issuing the decision on the permit. ⇒ Depending on the circumstances of the case, it may be necessary to present other evidence to prove the existence of grounds for granting a permanent residence permit, in particular at the request of the authority conducting the proceedings. |
The Act on Foreigners requires that a foreigner personally sign an application for a permanent residence permit in order for the application to be processed. The application cannot be signed by a representative.
An application concerning a foreign national who is:
|
⇒ Submitting an application via MOS means sending the application via MOS along with the necessary attachments, after it has been fully completed in Polish and signed with a trusted or qualified electronic signature on login.gov.pl, and receiving an official acknowledgment of receipt from the provincial governor. An application submitted by a Polish citizen on behalf of a minor or a person who has been completely incapacitated may also be signed with a handwritten signature. ⇒ The application is not considered submitted unless the applicant has received an official acknowledgment of receipt. The acknowledgment must be downloaded and retained. |
- during a legal stay in Poland.
The deadline requirement does not apply to:
- is not permitted. The application must be submitted while you are in Poland.
|
If the application was submitted correctly and during a legal stay, the foreigner’s continued stay is considered legal from the date of submission until the date on which the decision regarding the permit becomes final.
In such a situation, the provincial governor is required to issue the foreign national, free of charge, a certificate confirming the submission of the application. It will be generated in the MOS system. The foreign national may also collect it in paper form during a personal visit to the provincial office.
|
⇒ The certificate does not entitle you to travel within the Schengen Area. You may travel to your country of origin or permanent residence, but to return to Poland, you must obtain a visa if you come from a country subject to visa requirements, or meet the entry conditions for visa-free travel. ⇒ If you return to Poland under visa-free travel, you may remain in Poland until the date on which the decision regarding the granting of a permanent residence permit becomes final, even if this occurs more than 90 days after the date of your re-entry into the Schengen Area. |
It must be paid in advance, at the time of submitting the application, under penalty of the application for a permanent residence permit being returned (Art. 261 § 2 of the Code of Administrative Procedure). If you fail to pay this fee, the provincial governor will order you to pay it within a period of 7 to 14 days. If you fail to comply with the request, you must expect that the provincial governor will return the application by way of a decision.
Pay the stamp duty to the bank account or at the cashier’s office of the tax authority, which is the mayor of the city having jurisdiction over the seat of the provincial governor to whom you are submitting the application.
|
⇒ Proof of payment of the stamp duty should be attached to the application for a permit as one of its required attachments. This document must be submitted to the provincial governor no later than the deadline specified in the request for payment of the stamp duty. ⇒ When submitting the application via MOS, you may attach an electronic confirmation of the bank transfer generated by the banking system or a scan of the proof of payment of the stamp duty for the permit. ⇒ Stamp duty is not collected from foreigners who have been granted asylum in Poland, holders of a valid Polish Card, and Brexit beneficiaries—posted workers. |
It is exclusively a foreigner. It is they who:
He cannot be replaced in these activities, for example, by a representative, with the proviso that in certain cases these activities are performed by a parent, guardian or curator.
The competent authority to consider the application is the voivode competent for the place of residence of the foreigner – this voivode receives the electronically submitted application, initiates and conducts the proceedings for granting a permanent residence permit, or refuses to initiate it. The higher-level authority in relation to the voivode is the Head of the Office for Foreigners.
Administrative proceedings regarding the granting of a permanent residence permit is initiated at the request expressed in the application.
The voivode will refuse to initiate proceedings when on the date of submission of the application for this permit even one of the obstacles listed in Article 196(1) of the Aliens Act exists. A refusal to initiate proceedings takes the form provisions against which a complaint may be filed.
|
After submitting the application, you will be required to come to the provincial office at most twice — for the first time, to fulfil obligations including presenting the travel document, submitting fingerprints and a signature specimen, and then — if the permit is granted — for the purpose of collecting the personalised residence card, after the permit has been granted. Additional visits may only be needed when required in the given proceedings, e.g. to provide the necessary explanations. |
After receiving the application in MOS the voivode calls the foreigner to appear in person at the office for the purpose of:
When summoning a foreigner, the voivode sets appointment date no shorter than 7 days from the date of delivery of the summons. At the same time, the governor may also summon the foreigner to:
The voivode will discontinue proceedings in the situation where the foreigner:
|
⇒ A parent, guardian or curator who submitted the application in MOS on behalf of the minor must appear at the voivodeship office when summoned to present the travel tocument of the minor foreigner. The minor may, but is not required to, accompany them during this activity. |
|
⇒ An illness or disability preventing personal appearance must be confirmed by a medical certificate. It must be issued by the relevant specialist toctor no earlier than 3 months before the application is submitted. ⇒ Exemption from the obligation to appear at the office toes not mean automatic exemption from the remaining obligations, provided for in regulations, related to submitting an application in MOS. |
Persons who are exempt from the obligation to appear in person fulfil the obligation to present a travel tocument by:
|
⇒ If the foreigner does not hold a valid travel document and it is not possible to obtain one, the foreigner proceeds analogously with the identity document they hold. They simultaneously attach a declaration and, where possible, supporting evidence confirming that they cannot obtain a travel document from their country of origin. ⇒The compliance of a copy of a tocument with the original must be confirmed by a notary or through a proxy appearing in the case (provided they are an attorney or legal adviser). |
minors under the age of 6;
persons from whom taking fingerprints is not physically possible;
persons who due to illness or disability are unable to appear at the voivodeship office.
|
⇒ An illness or disability that prevents personal attendance must be confirmed by a medical certificate. It must be issued by the appropriate specialist physician no earlier than 3 months before the application is submitted. |
minors under the age of 13;
persons who due to disability are unable to fulfil this obligation (are unable to sign independently);
|
⇒ Sick or disabled persons who are able to sign but whose illness or disability prevents them from visiting the voivodeship office, submit a handwritten signature specimen on a special form, which they send by post or submit at the correspondence office of the voivodeship office through a proxy. They may also send a certified copy of the form with the signature specimen electronically. ⇒ The form is available for download at Step 3. – Submit the application online in the "Other applications" panel. |
Application processing deadline
Application o udzielenie zezwolenia zostanie rozpoznany within 6 months of submitting a complete application wraz z koniecznymi załącznikami i wymaganymi tokumentami.
After reviewing the evidence and possibly supplementing it the voivode rules by administrative decision on the granting of the permit, unless it finds obstacles to granting it, including assessing whether the requirements concerning
Issuing a refusal decision may be caused by:
| Foreigners who have Polish ancestry and intend to settle in Poland | |
|---|---|
The grounds for refusal are limited to:
|
| UK citizens referred to in Art. 195 para. 1 point 10 | |
|---|---|
The grounds for refusal are limited to:
|
| Asylum seekers | |
| In the case of foreigners applying for a permanent residence permit invoking the fact that they were granted asylum, the only basis for refusing to grant the permit is failure to meet the requirements for granting it. |
⇒ A foreigner who has obtained the permit a residence card is issued (more information in the tab: "Residence card").
Rights and obligations (including):
| Entitlements concerning legal stay and travel | |
|---|---|
|
⇒ Thanks to the permit granted and the residence card you can legally reside (settle) in Poland and cross the Polish border without the need to hold a visa or fulfil the conditions for entry under the visa-free regime. ⇒ You may also cross the internal borders of the Schengen Area and stay in other Schengen Area countries for a period of 90 days in any 180-day period, provided that the entry and stay requirements are met. ⇒ Remember that leaving Poland for a period longer than 6 years is one of the grounds for revoking the permit. ⇒ The permanent residence permit expires on the day of obtaining the status of EU long-term resident or acquiring Polish citizenship. |
| Full access to the Polish labour market | |
|---|---|
| ⇒ This means that you may work on the same terms as citizens of the Republic of Poland (without a work permit). |
| Running a business on simplified terms | |
| ⇒ is possible on the basis of an entry in the CEiDG. |
| Right to family reunification | |
| ⇒ Immediate family members from outside the EU gain the opportunity to join or continue to reside with you in Poland after meeting certain conditions. |
| Obligation to comply with legal norms | |
|---|---|
| ⇒ You are responsible for violations of applicable law, and in the event of a final conviction in Poland to a penalty of at least 3 years of imprisonment or a finding that you constitute a threat to national defence or security or the protection of public safety and order, the permit will be revoked. |
Against the decision to refuse granting the permit, an appeal lies to the Head of the Office for Foreigners. Filing an appeal constitutes your right, not obligation.
|
⇒ If the permit is not granted and you to not have a basis for further stay in Poland, and you to not lodge an appeal against the voivode's decision within the deadline, you should leave the territory of Poland within 30 days from the date the voivode's decision became final. If you to not leave, enforcement proceedings may be initiated against you ⇒ In the event of submitting next application for granting a residence permit within this deadline, the application will not be considered. ⇒ Watch instructional video, to find out more. |
If you disagree with the decision issued by the voivode, you may appeal against it. Appeal will be considered by the Head of the Office for Foreigners, and your case will be handled by the Department for Legalization of Stay of this office.
Appeal submit to the Head of the Office for Foreigners in writing, through the voivode, who issued the decision. Do this within 14 days from the date, when the decision was served.
|
⇒ Appeals is not submitted via the MOS portal, but on the portal (in the "Submit application online" section) you will find a form to help you prepare it. ⇒ The appeal must be submitted in writing sent by post, submitted in person or by a third party at the voivode's correspondence office, or in electronic form to the voivode's electronic delivery address. ⇒ After filing an appeal direct further correspondence directly to the UdSC. |
Appeal should be examined within 90 days. If it contains any formal deficiencies, this period will be counted from the date they are remedied.
Most typical decisions
In the appeal proceedings, the Head of the Office for Foreigners may recognise the validity of granting a permanent residence permit.
In that case will annul the challenged voivode's decision and grant the permit, explaining in the justification the reasons for revoking the decision.
|
A foreigner who, after the decision of the first-instance authority was overturned, obtained a permanent residence permit in Poland, a residence card is issued. This tocument is issued ex officio by the voivode who conducted the first-instance proceedings, on the original of the travel tocument |
In the appeal proceedings, the Head of the Office for Foreigners may find that the requirements have not been met.
Then will uphold the voivode's decision and explain his position.
|
⇒ If the permit is not granted and you to not have a basis for further stay in Poland, you should leave the territory of Poland within 30 days from the date on which the decision upholding the voivode's decision issued by the Head of the Office for Foreigners is delivered to you. If you do not leave, a decision may be issued against you return obligation decision. ⇒ If you submit next application for granting a residence permit within this deadline, this application will not be examined (refusal to initiate proceedings). |
In the appeal proceedings, the Head of the Office for Foreigners may find that the decision was issued in violation of procedural rules.
In that case will annul the voivode's decision and refer the case back to him for re-examination.