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 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 – 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 – Journal of Law of the Republic of Poland 1991 No 120, item 526 – http://isap.sejm.gov.pl/DetailsServlet?id=WDU19911200526 and J.L. 2000 No 2, item 11 – 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 ans that all together all the visits 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 it it is connected with medical treatment.

 

A permit to settle expires when a foreigner is granted a long-term residents' EC residence permit.

 

 

 

A foreigner cannot be granted a permit to settle if:

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

-        his/her data is registered in records of foreigners whose stay on the territory of Poland is undesirable,

-        his/her data is registered in the SIS for purposes of deciding on refuse to enter. An exception can be made if granting a permit to settle is justified by humanitarian reasons or international obligations,

-        he/she got married to a Polish citizen or a foreigner who is a resident of Poland if a marriage was concluded to abuse relevant provisions referring to applying for a residence permit for a fixed period or a permit to settle,

-        it is required to do so because of public safety and order as well as protection of the state's interests,

-        during the proceedings false documents were presented, a foreigner gave false testimony or concealed important information,

-        who does not fulfill fiscal obligations,

-        who did not pay back the expulsion costs covered from the state's budget.

 

 

 

A permit to settle can be withdrawn. That happens in the following cases:

-        it is required by the state's security and interests as well as by protection of the public security,

-        during the proceedings a foreigner submitted an application or documents stating false personal data or false information,

-        during the proceedings a foreigner gave false testimony or concealed the truth or falsified a document or use it as an authentic one,

-        a foreigner was convicted of a crime and sentenced for at least 3 years of imprisonment for conducting an intentional offense,

-        a foreigner left the territory of Poland definitely.

 

Except for the last case a withdrawal of a permit is issued together with a decision to expel a foreigner from the territory of Poland.

 

 

In order to be granted a permit to settle a foreigner should submit an application in 4 copies. An application can also refer to a foreigner's children. A foreigner has to present a valid travel document (or in specific cases when he/she does not have one – any other identification document) and other documents such as:

·         4 photographs of each person referred to in the application (some offices require 5 photographs),

·         documents necessary to confirm the data referred to in an application and circumstances that justify a foreigner's application for granting a permit to settle, such as: documents confirming continuous stay in Poland, certificate confirming fulfillment of fiscal obligations (issued by a fiscal office), confirmation of registration for temporary residence, an act of birth, an act of marriage,

·         payment slip covering a fiscal fee.

 

Besides the above in some cases a document confirming a legal title to a dwelling that a foreigner stays or is going to stay at. It applies to persons who:

·         are applying for a permit due to the fact that they have been residing in Poland continuously for a period of 10 years on the basis of a permit for tolerated stay and:

- 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 – http://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 – http://isap.sejm.gov.pl/DetailsServlet?id=WDU19930610284, 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 – Journal of Law of the Republic of Poland 1991 No 120, item 526 - http://isap.sejm.gov.pl/DetailsServlet?id=WDU19911200526 and J.L. 2000 No 2, item 11 -   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,

·         have been residing in Poland continuously for 5 years due to a status of refugee or subsidiary protection.

 

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.

 

An application for a permit has to be submitted in Poland. It cannot be done from abroad. It is impossible to submit an application by a person who resides in Poland illegally. An application should be submitted to a voivodship governor. For the time of proceedings a national residence visa is issued.

 

A fiscal fee for a permit to settle is equal 640 zlotys. It does not apply to these foreigners who are granted a permit as family members of a repatriant.

 

Together with a permit to settle a foreigner is given a residence card. A fee paid for issuing such a card is equal 50 zlotys.