Homepage Uzupełnienia Uninterrupted stay constituting the basis for granting a foreigner a long-term EU resident permit

Uninterrupted stay constituting the basis for granting a foreigner a long-term EU resident permitPrint

A stay constituting the basis for granting a foreigner long-term EU resident permit is considered as uninterrupted if none of the interruptions therein:

  1. in the case of the foreigner's stay in Poland – exceeded 6 months and all interruptions did not exceed a total of 10 months in a period of 5 years;
  2. in the case of the foreigner's stay on the territory of another EU Member State – exceeded 12 months and all interruptions did not exceed a total of 18 months in a period of 5 years. This applies only to foreigners who have a temporary residence permit issued for the purpose of employment of high-skilled workers (Blue Card).

The period of stay in Poland is still considered uninterrupted if the interruption was caused by:

  1. the performance of professional duties or work outside Poland pursuant to an agreement concluded with an employer who has its seat in Poland;
  2. accompanying the foreigner specified in point (1) above by a spouse or child under the age of 18,
  3. extraordinary personal circumstances requiring the presence of the foreigner outside Poland, if the absence from Poland lasted longer than 6 months.
  4. leaving Poland in order to participate in training or classes foreseen in the curriculum of a Polish academic institution.

Only half of the period of stay of the foreigner is counted towards the 5-year residence in Poland if the foreigner stayed in Poland pursuant to:

  1. a visa issued for the purposes of participating in an undergraduate, graduate or doctoral studies programme;
  2. a visa issued for the purposes of participation in vocational training;
  3. a temporary residence permit for the purposes of education in a programme of study;
  4. a temporary residence permit issued for the purposes of participation in vocational training;
  5. proceedings for granting refugee status (in the case the duration of proceedings for granting refugee status exceeds 18 months then the whole period of stay in Poland in the course of such proceedings shall be counted).

The 5-year residence in Poland does not include the stay of a foreigner:

  1. being an employee delegated by a service provider for the purpose of provision of cross-border services or being a service provider providing cross-border services (a cross-border service means that a service provider who owns a business established in one Member State may temporarily render a service in another EU Member State);
  2. residing in Poland pursuant to a Schengen visa entitling them only to enter and stay in Poland for humanitarian purposes, due to the interests of the state or international commitments;
  3. during the period of their education in Poland;
  4. who was obliged to return and the period of voluntary return specified in the decision obliging the foreigner to return has not expired yet; this also applies in case of prolongation of such period;
  5. who was obliged to leave Poland;
  6. being a member of diplomatic mission or consular office of a foreign country;
  7. who resides in Poland pursuant to a temporary residence permit that was issued due to circumstances requiring a short-term stay in Poland; 
  8. in the course of proceedings for granting the foreigner refugee status, if such proceedings were concluded with a refusal to grant refugee status or to grant subsidiary protection;
  9. pursuant to a permit to cross the border under the local border traffic regime.

The total period of legal stay in the territory of EU Member States is included in the 5-year period of residence in Poland provided that the foreigner has stayed legally and uninterruptedly in such territory for at least 5 years, pursuant to a Blue Card issued by an EU Member State, including at least 2 years in Poland immediately preceding the filing of the application for granting a long-term EU resident permit pursuant to a Blue Card issued in Poland.

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