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Residence permit for a long-term EC resident

A foreigner with a residence permit for a long-term EC resident in one of EU Member States has the right to acquire a temporary residence permit in another EU Member State provided that there are circumstances justifying his residence in such country and s/he has stable and regular income and health insurance. This concerns also family members of the foreigner.

Residence permit for a long-term EC resident is issued upon an application submitted by a foreigner who, directly before submitting an application, was legally and continuously residing in Poland for at least 5 years and who has:

steady and regular source of income sufficient to cover the costs of living for the applicant and his/her dependant family members;
health insurance as understood by provisions on common health insurance or documents confirming that the costs of medical treatment in the Republic of Poland will be covered by an insurer;

Residence permit for long-term EC resident cannot be granted to a foreigner who:

is staying in the republic of Poland to complete studies or vocational training;
has a permit for tolerated stay, political asylum, refugee status granted in the Republic of Poland or who is subject to temporary protection;
applies for a refugee status or political asylum;
is an „au pair" employee or a seasonal employee delegated by provider of services to render trans-border services or a trans-border services provider;
resides in the Republic of Poland upon visa referred to in Article 33 of the Act on Aliens or upon a residence permit for a fixed period granted upon Article 53 (1) (5) or (7) of the Act on Aliens;
has been detained, placed in a guarded centre, in detention with expulsion order, against whom preventive measures in the form of prohibition to leave the country or deprival of freedom in spite of execution of sentences issued upon legal Acts have been administered.

The 5-year period which determines granting a residence permit for EC long-term residents does not include the stay of a foreigner who:

1) has been detained, placed in a guarded centre, in detention with expulsion order, against whom preventive measures in the form of prohibition to leave the country or deprival of freedom in spite of execution of sentences issued upon legal Acts have been administered;
2) is an „au pair" employee or a seasonal employee delegated by provider of services to render trans-border services or a trans-border services provider;
3) resides upon a visa referred to in Article 33 or upon residence permit for a fixed period granted pursuant to Article 53 (1) (5) or (7);
4) is a head, member of a diplomatic mission staff, manager of a consular office or a consular staff member of a foreign country as well as another person of equal status pursuant to legal Acts, agreements or commonly established international practices.

The 5-year period which determines granting a residence permit for an EC long-term resident includes half of the foreigner's residence period based on a visa or a residence permit for a fixed period granted due to studies or vocational training.

The stay in the Republic of Poland is regarded continuous if any absence period did not exceede 6 months and total absence has not exceeded 10 months unless it was caused by:

performance of professional duties or performance of work outside the territory of the Republic of Poland upon a contract concluded with an employer whose registered office is located in the territory of the Republic of Poland;
accompanying spouse performing his/her professional duties or work in circumstances referred to in point (1);
medical treatment of a foreigner.

Residence permit for a long-term EC resident is granted for an unlimited period.

As of the date a foreigner obtains a residence permit for a long-term EC resident, his/her settlement permit expires.

A foreigner may submit an application for residence permit for a long-term EC resident during his/her legal stay in the Republic of Poland, with reservation for cases stated hereunder:

In the case when, before the expiry of the foreigner's legal stay in Poland, no final decision on issuance of a residence permit for a long-time EC resident has been made, a voivode issues stay visas for the foreigner until final decision is made.

A foreigner staying in the Republic of Poland upon a visa referred to in Article 33 of the Act on Aliens or a detained foreigner, placed in a guarded centre, in detention with an expulsion order, with regard to whom a preventive measure in the form of prohibition to leave the country or deprival of freedom as a result of execution of sentences issued upon legal Acts, as well as a foreigner referred to in Article 65 (2)(1-4) and a foreigner staying in Poland upon residence permit for a fixed period granted pursuant to Article 53(1)(5) or (7) cannot submit an application for residence permit for a long-time EC resident.

An application in such a case also cannot be submitted by a foreigner completing studies or vocational training, with a tolerated residence permit, political asylum, refugee status granted in the Republic of Poland or who is subject to temporary protection, applying for a refugee status or political asylum, an "au pair" employee, seasonal employee delegated by provider of services to render trans-border services or trans-border services provider, as well as a foreigner residing in the Republic of Poland upon a residence permit for a fixed period issued upon Article 53(1) (5) or (7) of the Act on Aliens.

If an application for residence permit for a long-term EC resident is submitted in the aforementioned cases it is left unconsidered.

Applying for a residence permit for a long-term EC resident you must submit:.

filled-in form of application for residence permit for a long-term EC resident,
four colour photographs sized 2,5 cm x 4,5 cm, undestroyed, clear, presenting a person without head covering and dark glasses in such a way that the head is shown in the left semiprofile, with the left ear visible and the face evenly illuminated,
documents necessary to confirm data included in the application and circumstances justifying application for residence permit for a long-term EC resident,
confirmation of stamp duty payment,
legal title to the occupied flat in which you reside or plan to reside as well as documents confirming the volume of living costs.

An agreement for lease of the flat in which the foreigner resides or plans to reside is not regarded a legal title, unless the lesser is his/her descendant, ascendant or spouse, the spouse's parents or the foreigner's siblings.

The decision on issuing or refusal of the residence permit for a long-term EC resident is issued by the voivode competent for your planned place of residence.
A residence card is a document confirming the obtaining of a residence permit for a long term EC resident.

Stamp duty of PLN 640 is charged for the issuance of a residence permit for a long-term EC resident.
A fee of PLN 50 is charged for the issuance of a residence card.

A foreigner is obliged to receive the residence card personally, and in the case of a minor person younger than 13 years of age the residence card is received by his/her legal representative or legal guardian.

A foreigner is obliged to replace his residence card in the following cases:

change of data stated in it;
change of appearance making identification of the owner difficult;
damage of the card to a degree obstructing its use;
the expiry of the validity of the residence card issued due to granting the residence permit for a long-term EC resident;
loss or damage of the card.

The voivode competent for the foreigner's place of residence replaces the card.

A foreigner who has lost the residence card must notify the voivode that issued it within 3 days from the date of the card's loss. In the case the lost residence card is found, the foreigner must notify the voivode within 3 days from the date it was found and immediately return the recovered residence card if a replacement card has already been issued.

A foreigner is obliged to immediately return the residence card to the issuing authority upon delivery of a document confirming the acquisition of Polish citizenship or a decision on withdrawal of residence permit for a long-term EC resident.

A residence permit for a long-term EC resident is withdrawn among others if a foreigner has left the Republic of Poland for a period exceeding 6 years, has left the European Union for a period of consecutive 12 months or has acquired a residence permit for a long-term EC resident in another EU Member State.

In the case a residence permit for a long-term EC resident is withdrawn for aforementioned reasons, subsequent residence permit for a long-term EC resident may be granted when a foreigner meets the requirements for granting such permit, however s/he must reside legally and continuously for at least 3 years in the Republic of Poland directly before the application is submitted.

Source: http://www.udsc.gov.pl/index.php?documentName=main