Right of permanent residence of an EU citizen

Requirements

Case: Right of permanent residence of an EU citizen (independent/self-contained)

In order for an EU citizen to obtain the right of permanent residence in Poland and receive a document confirming the acquisition of this right, it is necessary for them to meet the following requirements in a cumulative manner:

• is an entitled person – therefore they are citizens of an EU Member State other than Poland, Norway, Iceland, Liechtenstein, or Switzerland, exercising the freedom of movement within the territory of Poland,

• belongs to (at least) one of the following categories of persons with a right of residence and has fulfilled the conditions of residence provided for this category during the period required to acquire the right of residence:

► is an employed / self-employed person in Poland

► studies or undergoes vocational training in Poland or is another professionally inactive person, e.g., a pensioner, who meets additional requirements regarding:

• to have sufficient financial resources to support themselves and the dependent family members so as not to become a burden on the social assistance system, and

• having health insurance, i.e.:

- has health insurance within the meaning of the Act of 27 August 2004 on health care services financed from public funds (Journal of Laws of 2020, item 1398, as amended) 30), or

- is a person entitled to healthcare services on the basis of the provisions on coordination within the meaning of art. 5 point 23 of the Act of 27 August 2004 on healthcare services financed from public funds, or

- has a document confirming the possession of private health insurance, covering all expenses that may arise during the stay in the territory of the Republic of Poland in connection with the need for medical assistance or hospital treatment, in which the insurer undertakes to cover the costs of healthcare services provided to the insured directly to the entity providing such benefits, on the basis of the invoice issued by this entity;

► is the spouse of a citizen of the Republic of Poland (this category is not required to meet additional requirements).

- also, in the case of maintaining the right of residence (in the cases referred to in Articles 17, 19(1) or (3) and 19a of the Entry Act; see the explanation in the tab "Registration of Stay" – "Requirements").

• stayed in Poland continuously, as a rule, for at least 5 years preceding the submission of the application for a document confirming the right of permanent residence, with the proviso that uninterrupted residence does not mean the absence of any departures from Poland and that the stay is interrupted by the implementation of the decision to expel an EU citizen from the territory of Poland,

• complete formal requirements, including submit the application in person (this requirement does not apply to a minor), on the form, together with photographs and other necessary attachments, as well as present a valid travel document (or other document confirming their identity and EU citizenship).

Remember!

• In certain cases, it is possible to acquire the right of permanent residence after a period of uninterrupted residence in Poland for less than 5 years.

An employee and a self-employed person acquire the right of permanent residence after the expiry of:

• 3 years of uninterrupted residence – in the case of retirement (including early retirement), if immediately before for a period of 12 months they performed work or other gainful activity in Poland in their own name and on their own account, with the proviso that in the case of a spouse of a citizen of the Republic of Poland, the above-mentioned requirements regarding the length of stay and the period of work are not applicable;

• 2 years of uninterrupted stay – if they ceased to perform work or other gainful activity in their own name and on their own account due to permanent incapacity for work (if the incapacity for work is the result of an accident at work or an occupational disease and in the case of a spouse of a citizen of the Republic of Poland, the requirement regarding the length of stay does not apply);

• 3 years of uninterrupted residence – if, after 3 years of uninterrupted stay and performance in Poland of work or other gainful activity in their own name and on their own account, they perform work or other gainful activity in their own name and on their own account in another EU country, still staying in Poland (i.e., returning to Polish at least once a week).

The spouse of a citizen of the Republic of Poland acquires the right of permanent residence after 3 years of uninterrupted residence on the territory of the Republic of Poland, during which they met the conditions of residence.

• The method of calculating the period of residence and periods of gainful activity required to establish the acquisition of the right of permanent residence is specific.

The stay is considered uninterrupted if none of the breaks was longer than 6 months and the breaks did not exceed a total of 6 months in a given year.

The stay is not interrupted by a temporary absence from Poland, which is caused by:

• necessary compulsory military service;

• an important personal situation (in particular related to pregnancy, childbirth, illness, studies, vocational training, secondment), requiring the presence of the foreigner outside Poland, provided that the break lasted no longer than 12 consecutive months;

The stay is interrupted by the execution of the decision to expel an EU citizen – in the case of return to Polish the stay is calculated from that date.

Periods of work or other gainful activity in one's own name and on one's own account include periods of breaks in work/self-employment of an EU citizen:

• resulting from unintentional unemployment

• independent of their will

• resulting from temporary incapacity for work due to illness or accident.

Case: Derived right of permanent residence of an EU citizen (right of permanent residence of a family member)

An EU citizen may acquire the right of permanent residence in Poland as a family member of another Union citizen who has acquired such a right.

The right of permanent residence is acquired by a family member of an EU citizen who is themself a Union citizen if:

• resided in Poland continuously for a period of 5 years and who retained the right of residence pursuant to Article 19(1) of the Entry Act (i.e. in the case of divorce, marriage annulment, death or departure from the territory of Poland of an EU citizen who had the right of residence for more than 3 months in Poland, or a citizen of the Republic of Poland);

• resides in Poland together with an EU citizen who has acquired the right to permanent residence on the basis of Article 45 of the Entry Act (i.e. m.in. in connection with retirement or incapacity for work) or if the death of this EU citizen occurred before the acquisition of this right – if on the day of death they were with them in Poland, and the death occurred as a result of an accident at work or an occupational disease or the deceased before death stayed in Poland continuously for a period of 2 years.

The family member should comply with the formal requirements related to the issuance of a document confirming the right of permanent residence, including submit the application in person (this requirement does not apply to a minor), on the form, together with photographs and necessary attachments, as well as present a valid travel document (or – another document confirming their own and EU citizenship).