Settlement permit

Who can apply for the settlement permit?

• 1. Minor child of a foreigner born in a territory of Poland in case when a parent of this child lives in Poland on a basis of settlement permit;
• 2. Foreigner married to the polish citizen for at least 3 years who is staying in the territory of Poland constantly* for at least 2 years;
• 3. Child under parental authority of polish citizen.

Right to apply for a settlement permit is granted also to foreigners with refugee status, subsidiary protection or permit for tolerated stay in territory of Poland.

Foreigners with granted refugee status or subsidiary protection should stay in Poland uncessantly* for at least 5 years directly before filing an application.
Foreigners who stays in Poland with granted permit for tolerated stay should stay in Poland uncessantly* for at least 10 years directly before filing an application.

For time required for applying for settlement for foreigner with granted refugee status or subsidiary protection or permit for tolerated stay adds up time of proceeding for granting a refugee status, even if foreigner is placed at guarded center or in custody in aim of deportation.

Validity of settlement permit

Settlement permit is issued for indefinite period of time.

Foreigner who stays in Poland with settlement permit is obtaining a residence card. Resident card needs to be exchange every 10 years (Exchanging of a residence card is not equal to initiation of the new proceeding)

Settlement permit expires when a foreigner obtains a residence permit for EC long-term resident.

For what entitles settlement permit?

Residence card, which foreigner is obtaining according to settlement permit is a document which allows to travel and stay within the territory of Schengen states. Foreigner is not obliged to apply for a visa if the period of his stay is no longer than 3 months and the certain conditions are met.

Moreover, a foreigner with granted settlement permit doesn't have to apply for work permit if he/she want to perform a work in the territory of Poland.

Duration of a proceeding

Proceeding in case of settlement permit should not takes longer than 3 months from a day of filing an application by a foreigner. The appeal proceeding should not takes longer than 2 months.

ATTENTION: An application for a settlement permit should be file during a legal stay of a foreigner in the territory of Poland.

*Uninterrupted stay – Foreigner should stay in the territory of Poland continously in every case when a certain period of time is mentioned in a statement.
Uninterrupted stay means that a foreigner should not stay outside of Poland more than 6 months during a year and a total period of time spent outside of Poland should not takes more than 10 months.

The time which is not included to above terms:

• 1. Period of time during which foreigner stayed abroad according to performance of professional duties or performance of work under a contract with an employer located in Poland.
• 2. Period of time during which a foreigner accompanied his/her spouse who stayed abroad according to performance of professional duties or performance a work under a contract with an employer located in Poland.
• 3. Period of time during which foreigner stayed abroad to receive a treatment.