Law on foreign nationals

Permanent residence permit

An attorney from our law firm will help clients to dispel all doubts concerning residence in a situation of illegal stay in Poland. An illegally staying foreign national may be controlled by authorised institutions at any time. Therefore, the purpose of our law firm is to ensure the legalisation of the foreigner’s stay as soon as possible.

Legalisation of a foreign national’s stay in Poland occurs via an issuance of a residence permit for Poland. In order for a foreigner to obtain a permanent residence permit, he/she must meet a number of conditions defined in the Act on Foreign Nationals. Holders of a permanent residence permit will have the possibility to seek legal employment in Poland and to travel to other countries of the Schengen Area. A permanent residence permit for Poland is obtained upon completion of the relevant procedure at the Department for Foreign Nationals at the voivodship office geographically competent for the foreigner’s place of residence.

A permanent residence permit for Poland is valid for an indefinite period, yet the residence card for Poland must be replaced once every ten years. A residence card for Poland serves as an identity document for its holder. In case of control, a permanent residence card is very important as a proof that the foreigner has obtained the required permit to stay in Poland. Together with a valid passport, a residence card confirms the holder’s legal stay in Poland. A foreigner who holds those documents can freely cross the border. Documents required to obtain a permanent residence card will be prepared by our staff.

A foreigner’s identity is established on the basis of two documents: a foreign passport and a permanent residence card for Poland. Therefore, a permanent residence card is an essential document enabling travel and confirming its holder’s legal residence in Poland.

Our law firm will help our clients to prepare an application for a residence card. Sometimes a residence card issued to a foreign national gets damaged or the personal details are changed. In such cases, an application for a residence card must be filed within 14 days following the occurrence of circumstances which necessitate a replacement.
Our staff will undertake all formal steps and follow the entire procedure to legalise a foreigner’s stay in Poland. As the end result, the foreigner will receive a permanent residence card. This will complete the legalisation of the foreigner’s stay in Poland.

A permanent residence card will be issued to foreign nationals who hold a residence permit. Therefore, obtaining a residence permit is the first step to take before applying for a permanent residence card. A residence permit for foreign nationals is issued on a standing template. Issuance or substitution of a residence card is subject to a fee of PLN 50. In case the residence card is lost or damaged due to the holder’s fault, a fee of PLN 100 is charged.

Another loss or damage of a residence card due to the holder’s fault entails a fee of PLN 150 for a new document.
It is important to bear in mind that legalisation of a foreign national’s stay in Poland may always be effectively withdrawn in case specific circumstances occur. As a consequence, the foreigner’s stay in Poland will no longer be legal. In that case, the foreigner will have no right to use a document permitting his/her permanent residence in Poland.

Therefore, permanent residence of a foreign national is a legal institution and is not necessarily indefinite. The length of stay in Poland will depend on the individual and his/her knowledge of the Polish law.

 

An illegal stay in Poland

 

An illegal stay in Poland, once detected, will lead to expulsion. In order to avoid expulsion, a foreigner’s stay in Poland must be legalised. A foreigner’s stay in Poland without the consent of the competent body (e.g. demonstrated by a permanent residence card in Poland or another legalising document) is deemed to be illegal.

 

Legalisation of a foreigner’s stay in Poland

 

Our law firm will legalise foreign nationals’ stay in Poland efficiently and without undue complications. In order for residence in Poland to be legal, a foreign national should hold a residence permit. Our staff strive to obtain a legal permanent residence for foreign nationals. Our lawyers will help clients to obtain a permanent residence card and to collect all the necessary underlying documents. A residence card is essential for a foreign national to be able to register for residence in the Republic of Poland. Also, a permanent residence card enables its holder to seek legal employment in Poland. A residence card for a foreign national will also facilitate all matters handled before Polish official bodies. A permanent residence permit enables foreign nationals to enrol in Polish universities. With a permanent residence card, a foreign national is treated almost like a Polish citizen. Our law firm will also assist in obtaining a residence card for foreign nationals’ descendants.

Residence permit for Poland

 

A permanent residence permit is the ultimate aim of steps taken to legalise a foreigner’s stay in Poland. With a residence permit, a foreign national can begin a stress-free life in Poland. Legalisation of a foreigner’s stay in Poland requires a number of steps in order to obtain a permanent residence card. In order to legalise their stay in Poland, foreign nationals must obtain a certificate called ‘a foreigner’s residence card’. A permanent residence card is a document which offers the broadest array of rights in comparison with other documents that can be granted to foreign nationals in Poland. Given our extensive experience in such cases, we offer top-notch services in this area.

Cases where a foreign national may obtain a permanent residence permit or the so-called permanent residence card.

1) A permanent residence card may be granted to foreign nationals who are children of a foreigner that has been granted a permanent residence permit or a long-term EU resident permit, who remain under such person’s parental authority and:

  • were born after the said foreigner received a permanent residence permit or a long-term EU resident permit, or
  • were born during the validity period of the temporary residence permit granted to the said foreigner.
    .

2) A permanent residence card for a foreign national is issued when such an individual is a child of a Polish citizen and remains under his/her parental authority.

3) A residence card for a foreign national may be granted to individuals of Polish descent who intend to reside permanently in the Republic of Poland.

4) A permanent residence card is also intended for foreign nationals who remain in marriage recognised by the law of the Republic of Poland with a Polish citizen for at least three years before applying for a permanent residence permit and who, directly before applying, stayed in the Republic of Poland uninterruptedly for at least two years under a temporary residence permit granted in connection with a marriage with a Polish citizen, or in connection with obtaining a refugee status, subsidiary protection or residence permit issued on humanitarian grounds.

5) A residence card for a foreign national may be granted to foreigners who are victims to human trafficking in the meaning of Article 115 § 22 of the Polish Criminal Code and who:

  • a) stayed in the Republic of Poland for at least one year directly before submitting an application for a permanent residence permit, such stay being under a temporary residence permit for victims of human trafficking,
  • b) collaborated with law enforcement authorities in criminal proceedings regarding the crime referred to in Article 189a § 1 of the Polish Criminal Code,
  • c) have justified concerns about returning to their country of origin, confirmed by the prosecutor running the proceedings regarding the crime referred to in Article 189a § 1 of the Polish Criminal Code.

6) A residence card for a foreign national may be granted to individuals who, directly before submitting an application for a permanent residence permit, stayed in the Republic of Poland uninterruptedly for at least five years based on a refugee status, subsidiary protection or residence permit granted on humanitarian grounds.

7) A permanent residence card is available to foreign nationals who, directly before submitting an application for a permanent residence permit, stayed in the Republic of Poland uninterruptedly for at least ten years under a tolerated stay permit granted under Article 351 point 1 or 3.

8) A residence card for a foreign national may also be granted to individuals who were granted asylum in the Republic of Poland.

9) A residence card for a foreign national is also intended for individuals who hold a valid Karta Polaka card (Pole’s Card) and intend to reside permanently in the Republic of Poland.

A permanent residence card is issued to our clients once the proceedings at the voivodship office have been completed and an official decision has been issued.