Settlement permit
Settlement permit is granted upon application to a foreigner that:
- Is a minor child of a foreigner with a settlement permit, born in the Republic of Poland;
- had been married to a Polish citizen for at least 3 years before submitting the application and directly before submitting the application had been continuously staying in the Republic of Poland for at least 2 years on the basis of residence permit for a fixed period;
- directly before submitting the application had been continuously staying in the Republic of Poland for at least 10 years upon a permit for tolerated stay or for at least 5 years due to acquiring a refugee status;
- is a child of a Polish citizen and remains under his/her custody.
The stay in the Republic of Poland is regarded continuous if any absence period did not exceede 6 months and total absence has not exceeded 10 months unless it was caused by:
- performance of professional duties or performance of work outside the territory of the Republic of Poland upon a contract concluded with an employer whose registered office is located in the territory of the Republic of Poland;
- accompanying spouse performing his/her professional duties or work in circumstances referred to in point (1);
- medical treatment of a foreigner.
A settlement permit is granted for an indefinite period.
As of the date a foreigner acquires a residence permit for a long-term EC resident, his/her settlement permit expires.
A foreigner may submit a settlement permit application during his/her legal stay in the Republic of Poland.
A foreigner staying in the Republic of Poland upon a visa referred to in Article 33 of the Act on Aliens or a detained foreigner, placed in guarded centre, in detention with an expulsion order, with regard to whom a preventive measure in the form of prohibition to leave the country or deprival of freedom as a result of execution of sentences issued upon legal Acts cannot submit a settlement permit application. If such an application is submitted, it is left unconsidered.
In the case when, before the expiry of foreigner's legal stay in Poland no final decision on issuance of a settlement permit has been made, a voivode issues stay visas for the foreigner until final decision is made.
Applying for a settlement permit you are obliged to submit:
- filled-in form of application for settlement permit,
- four colour photographs sized 4,5 cm x 3,5 cm, undestroyed, clear, presenting a person without head covering and dark glasses in such a way that the head is shown in left semiprofile, with the left ear visible and the face evenly illuminated,
- documents necessary to confirm data contained in the application and circumstances justifying application for settlement permit,
- confirmation of stamp duty payment.
- legal title to the occupied flat in which you reside or plan to reside as well as documents confirming the volume of living costs.
An agreement for lease of flat in which the foreigner resides or plans to reside is not regarded a legal title, unless the lesser is his/her descendant, ascendant or spouse, the spouse's parents or the foreigner's siblings.
The decision on issuing or refusal of the settlement permit is issued by the voivode competent for your planned place of residence.
A residence card is a document confirming the obtaining of a settlement permit.
A stamp duty of PLN 640 is charged for the issuance of settlement permit.
A fee of PLN 50 is charged for the issuance of a residence card.
A foreigner is obliged to receive the residence card personally, and in the case of a minor younger than 13 years of age, the residence card should be received by his/her legal representative or legal guardian.
A foreigner is obliged to replace his/her residence card in the following cases:
- change of data contained in it;
- change of appearance making identification of the owner difficult;
- damage of the card to a degree obstructing its use;
- expiry of validity of residence card issued due to acquisition of a settlement permit;
- loss or damage of the card.
The voivode competent for the foreigner's place of residence replaces the card.
A foreigner who has lost the residence card must notify the voivode who issued it within 3 days from the date of the card's loss. In the case the lost residence card is found, the foreigner must notify the voivode within 3 days from the date it was found and immediately return the recovered residence card if a replacement card has already been issued.
A foreigner is obliged to immediately return the residence card to the issuing authority upon delivery of a document confirming the acquisition of Polish citizenship or a decision on withdrawal of the settlement permit.
Source: http://www.udsc.gov.pl/index.php?documentName=main