Such permit is granted to a foreigner who has been residing on the territory of Poland legally and continuously for at least 5 years and fulfills the following requirements:

-        has a stable and regular source of income that is sufficient to maintain him/herself and family members (see below),

-        possesses a health insurance or insurance to cover the costs of possible medical treatment on the territory of Poland.

 

A long-term residents' EC residence permit cannot be granted to foreigners who:

-        stay on the territory of Poland for the purpose of studying or participating in vocational trainings,

-        possess a permit for tolerated stay/asylum/a status of refugee/temporary or subsidiary protection,

-        are applying for a status of refugee or asylum,

-        are “au pair” workers, seasonal workers or workers delegated by service provider to provide service across borders or providers of cross-border service,

-        are residing on the territory of Poland on the basis of a uniform residence visa that allows them only to enter the territory of Poland because of: humanitarian reasons, the state's interests or international obligations,

-        are residing on the territory of Poland on the basis of a residence permit for a fixed period that was granted because they:

- are going to (as family members) live with a migrating worker (that refers only to the EU citizens),

- are family members of a citizen who resides in Poland on the basis of a permit to settle, a long-term residents' EC residence permit/a status of refugee/subsidiary protection,

- are family members of a foreigner who has been a resident of Poland for at least 2 years on the basis of residence permits for a fixed period,

- are family members of a foreigner who is a resident of Poland on the basis of residence permit for a fixed period issued due to a fact of being a scholar conducting scientific research in Poland,

- are going to begin or continue education,

- despite the fact of staying in Poland illegally were granted a permit due to being a victim of trafficking in human beings and their specific situation requires their stay in Poland,

- were arrested, placed in a guarded facility/detention facility to be expelled and if there was a preventive measure imposed (a prohibition to leave the country) or if they were deprived of freedom as a result of court rulings issued on the basis of legal regulations.

 

A condition of a stable income says that after subtracting the costs of accommodation of a foreigner and his/her family members a remaining amount should be higher than income that allows for a family benefit paid by social services. This means that it has to be higher than 351 zlotys per person in a family or 477 zlotys if an individual is running a one-person household. The costs of accommodation are: rent, electricity, fuel, water and garbage service.

 

It should be remembered that in a case of foreigners applying for a long-term residents' EC residence permit what is not included to a minimal length of stay in Poland is:

·         periods of arrest/placement in a guarded facility/placement in detention facility to be expelled/prohibition to leave the country/deprivation of freedom,

·         a period of working an an “au pair”/seasonal working/being delegated by service provider to provide cross-border service,

·         a period of residence on the basis of a uniform residence visa issued for humanitarian purposes or due to the state's interests or international obligations,

·         a period of residence on the basis of a residence permit for a fixed period issued because of the fact that a foreigner:

- was going to (as a family member) live with a migrating worker,

- is a family member of a citizen who resides in Poland on the basis of a permit to settle, a long-term residents' EC residence permit/a status of refugee/subsidiary protection,

- was going to begin or continue education,

- despite the fact of staying in Poland illegally was granted a permit due to being a victim of trafficking in human beings and his/her specific situation required his/her stay in Poland,

·         a period of residence of a foreigner as head/member of a diplomatic mission/head of a consular office/a member of a consular office of a foreign country or another person that is equal to the above listed on the basis of laws, agreements or commonly established international customs.

 

A period of residence though does include a half of time of residence if a foreigner stayed in Poland on the basis of:

-        a visa granted to him/her in virtue of studying or participating in a vocational training,

-        a residence permit for a fixed period granted in virtue of a fact that he/she began or is continuing studies/doctoral studies/vocational training.

 

 

 

A foreigner cannot be granted a long-term residents' EC residence permit if:

-        he/she does not fulfill the above listed criteria,

-        it would cause a threat to public security and public order.

 

 

 

A permit can be withdrawn. Such happens in the following cases:

-        a procedure of granting a permit was conducted in an illegal way,

-        a foreigner is a real and serious threat to public safety and order. In that case a decision to expel a foreigner is issued,

-        a foreigner left the territory of the EU for a period of 12 months,

-        a foreigner was granted the same permit in another EU country.

 

 

In order to be granted a long-term residents' EC residence permit a foreigner should submit an application. A foreigner is obliged to present a valid travel document (or in specific cases if he/she does not have one – any other valid identification document) and a filled in form with the following documents enclosed:

·         4 photographs of each person referred to in an application,

·         documents necessary to confirm the data that is included in an application as well as circumstances that justify applying for a permit such as: documents confirming legal residence in Poland, documents confirming possessing of a stable and regular source of income that is sufficient to maintain oneself and a family, documents confirming possessing of health insurance and a confirmation of registration for temporary residence,

·         a payment slip of a fiscal fee,

·         a legal title to a dwelling that a foreigner stays or is going to stay at,

·         documents confirming accommodation costs (bills for rent/electricity/fuel/water/garbage service).

 

It should be remembered that a contract to lend a dwelling is not considered a legal title to a dwelling that is required unless a person who lends it is a child/a grandchild/a grandparent/a spouse/a parent-in-law or a sibling of a foreigner.

 

A fiscal fee required to be paid for issuing a permit is equal 640 zlotys.

 

Together with a permit a residence card is issued. A fee to be paid for that is equal 50 zlotys.

 

An application has to be submitted by a foreigner who is staying in Poland legally. This means that an application cannot be submitted from abroad or during an illegal stay in Poland.

 

An application should be submitted to a voivodship governor relevant in terms of a foreigner's place of living. A voivodhip governor issues a national residence visa for a period of proceedings in a case.

 

A decision made by a voivodship governor can be referred to within 14 days from the date of receiving it. An appeal is submitted to the Head of the Office for Foreigners with inter-mediation of a voivodhip governor (department for foreigners).