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Permanent Stay Permit

Permanent Stay Permit

When a permanent stay permit shall be granted?

A permanent stay permit shall be granted to a foreigner under the conditions shown below:

  1. He or she is a child of the foreigner, who has a permanent stay permit or a long – term EU resident’s stay permit and is under his or her parental authority.

This condition concerns the child of a foreigner:

    • born after the foreigner was granted stay permit or a long – term EU residents stay permit;
    • born during the period of validity of the foreigner’s temporary stay permit granted to such foreigner or in the period of such’s foreigner’s stay in Poland on the basis of consent to stay on humanitarian grounds or consent for the tolerated stay or in the connection with being granted refugee status or subsidiary protection.
  1. The foreigner is a child of a Polish citizen and under his parental authority.
  2. The foreigner is a person of Polish origin and intends to settle in Poland permanently.
  3. The foreigner is married to Polish citizen (under the polish law) for at least 3 years before the day of filing the application for stay permit and has been continuously staying in Poland for at least two years (on a basis of temporary stay permit granted in connection with being married to Polish citizen or in connection with refugee status, subsidiary protection or consent to stay on humanitarian grounds).
  4. The foreigner is a victim of trafficking in human beings.
  5. Directly before filing the application for a permanent stay permit the foreigner had been continuously staying in Poland for a period not shorter than:
    • 5 years (a person having the status of refugee or subsidiary protection or on the basis of consent to stay on humanitarian grounds);
    • 10 years on the basis of consent for tolerated stay (few reasons);
    • 4 years on the basis of a temporary stay and work permit granted due to work in a profession desirable for the Polish economy, and he has a source of a stable and regular income (so he could cover the costs of living for himself and members of his family).
  1. The foreigner has asylum in Poland.
  2. The foreigner has valid Pole’s Card and wants to live in Poland permanently.

What does the interrupted stay in Poland mean?

An interrupted stay in Poland means, that foreigner cannot leave Poland for longer than 6 months. Common time of foreigners stay abroad cannot exceed 10 months.

Of course, there is some exception. Interruption can be caused when:

  • the foreigner has to perform some professional duties of work outside Poland (his employer has to be located in Poland) – the foreigner can take his spouse and children (their time outside Poland also will not be calculated);
  • there is an exceptional personal situation requiring the foreigner’s presence outside Poland (no longer than 6 months);
  • the foreigner is having an internship or is participating in courses prescribed by the curriculum of Polish higher education school.

When the permanent stay permit will expire?

The permanent stay permit will expire when:

1) foreigner will be granted a long – term EU resident’s stay permit;

2) foreigner will get Polish citizenship.

When a foreigner should file an application?

A foreigner should file an application for a permanent stay permit in person. No later than on the last day of legal stay in Poland. If the application for a permanent stay will not be filed by the foreigner in person, the voivode will summon him to appear in person within the time limit no longer than 7 days. If foreigner will not come in person he should accept the fact that his application will be unexamined.

What about a minor child and a completely incapacitated person?

When we are talking about a minor child – the application should be filed by parents of this child or guardian appointed by the court (or one of them).

The application for a completely incapacitated person should be filed by this person court-appointed guardian.

How does the situation look like with unaccompanied minor?

The application for granting him or her a permanent stay permit should be filed by a curator.

In the case of filling the application for a permanent stay permit for a minor foreigner who finished 6 years by the day of filling the application – his presence is required. 

How long the proceedings should take?

­­The proceedings for granting a permanent stay permit to a foreigner shall be concluded no later than within three months from their institution, whereas appealing proceedings – within two months from the receipt of the appeal.

Have a nice reading :).

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