Poland - Permanent Residency - Permit to Settle
If a foreigner is planning to stay on the territory of Poland definitely he/she can apply for a permit to settle.
A permit to settle can be granted to a foreigner who:
⢠is a minor, born on the territory of the Republic of Poland, child of a foreigner possessing of a permit to settle,
⢠has been married to a Polish citizen for at least 3 years if directly before submitting an application and he/she had been residing continuously on the territory of Poland for at least 2 years on the basis of a residence permit for a fixed period,
⢠has been residing on the territory of Poland continuously for at least 10 years before submitting an application on the basis of a permit for tolerated stay. However it only applies to those who were granted a permit for tolerated stay because of the fact that:
- their expulsion could take place only in the country in which their right to life, freedom and personal safety would be threatened, in which they could be subject of punishment, forced to work, deprived of the right to a fair trial, be punished without legal basis within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms as drawn up in Rome on 4 November 1950 â htp://isap.sejm.gov.pl/DetailsServlet?id=WDU19930610284,
- their expulsion would violate their right to family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms as drawn up in Rome on 4 November 1950, or would violate the right of a child within the meaning of the Convention on the Rights of a Child as adopted by the United Nations General Assembly on 20 November 1989 â Journal of Law of the Republic of Poland 1991 No 120, item 526 â http://isap.sejm.gov.pl/DetailsServlet?id=WDU19911200526 and J.L. 2000 No 2, item 11 â http://isap.sejm.gov.pl/DetailsServlet?id=WDU20000020011 to an extent that is a threat to their physical and mental development,
- their expulsion could take place only in the country sending him/her to which is unacceptable on the basis of a court ruling or a decision of the Minister of Justice,
⢠has been residing in Poland continuously for at least 5 years before submitting an application if he/she was granted a status of refugee or subsidiary protection,
⢠is a minor child of a Polish citizen if a parent exercises parental control over a child.
Continuous residence does not mean that an individual cannot leave Poland at all. It means that none of possible visits abroad can be longer than 6 months and that the visits altogether cannot last for longer than 10 months. An exception is made if it is connected with performed work or statutory obligations (but an employer's seat must be located in Poland) or with accompanying a spouse in fulfilling such obligations. An exception is also made if it is connected with medical treatment.
A permit to settle expires when a foreigner is granted a long-term residents' EC residence permit.
A permit to settle can be granted to a foreigner who:
⢠is a minor, born on the territory of the Republic of Poland, child of a foreigner possessing of a permit to settle,
⢠has been married to a Polish citizen for at least 3 years if directly before submitting an application and he/she had been residing continuously on the territory of Poland for at least 2 years on the basis of a residence permit for a fixed period,
⢠has been residing on the territory of Poland continuously for at least 10 years before submitting an application on the basis of a permit for tolerated stay. However it only applies to those who were granted a permit for tolerated stay because of the fact that:
- their expulsion could take place only in the country in which their right to life, freedom and personal safety would be threatened, in which they could be subject of punishment, forced to work, deprived of the right to a fair trial, be punished without legal basis within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms as drawn up in Rome on 4 November 1950 â htp://isap.sejm.gov.pl/DetailsServlet?id=WDU19930610284,
- their expulsion would violate their right to family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms as drawn up in Rome on 4 November 1950, or would violate the right of a child within the meaning of the Convention on the Rights of a Child as adopted by the United Nations General Assembly on 20 November 1989 â Journal of Law of the Republic of Poland 1991 No 120, item 526 â http://isap.sejm.gov.pl/DetailsServlet?id=WDU19911200526 and J.L. 2000 No 2, item 11 â http://isap.sejm.gov.pl/DetailsServlet?id=WDU20000020011 to an extent that is a threat to their physical and mental development,
- their expulsion could take place only in the country sending him/her to which is unacceptable on the basis of a court ruling or a decision of the Minister of Justice,
⢠has been residing in Poland continuously for at least 5 years before submitting an application if he/she was granted a status of refugee or subsidiary protection,
⢠is a minor child of a Polish citizen if a parent exercises parental control over a child.
Continuous residence does not mean that an individual cannot leave Poland at all. It means that none of possible visits abroad can be longer than 6 months and that the visits altogether cannot last for longer than 10 months. An exception is made if it is connected with performed work or statutory obligations (but an employer's seat must be located in Poland) or with accompanying a spouse in fulfilling such obligations. An exception is also made if it is connected with medical treatment.
A permit to settle expires when a foreigner is granted a long-term residents' EC residence permit.
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