European Communities long-term residency permits

On February 13, 2011, in Immigration, by Kalina Jaroslawska

In my penultimate entry I named two residency instruments which enable permanent stay in Poland. These were settlement permits and European Communities long-term residency permits.

The European Communities long-term residency permit may be issued to a foreign national who has been staying in Poland, directly prior to filing the permit application, legally and continuously for at least 5 years and

  • has a regular and stable income, which is sufficient to provide for him or her and his or her family members and
  • is covered by health insurance.

The European Communities long-term residency permit is granted for an indefinite period of time on the foreign national’s application, which may also include the foreign national’s children or other persons under his or her care.

The application for the European Communities long-term residency permit must be made during the foreigner’s legal stay in Poland, otherwise it will be left unresolved.

The European Communities long-term residency permit is issued by the provincial governor where the foreign national is staying.

A foreign national holding the European Communities long-term residency permit is issued a residency card valid for 5 years. The residency card entitles the foreign national to cross Polish borders without the need of a visa.

As I have written in Work permits in Poland and the residency instruments, foreign nationals holding the European Communities long-term residency permit are not required to obtain the work permit if they wish to undertake employment in Poland.

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Settlement permits in Poland

On February 9, 2011, in Immigration, by Kalina Jaroslawska

If you want to stay in Poland for longer, without limits on time, there are two legal instruments available:

  • the settlement permit and
  • the European Communities long-term residency permit.

These two instruments differ as to the conditions precedent to be met by the applicant.

The settlement permit is granted to a foreign national who, inter alia:

  • is a minor child of a foreign national who has been issued the settlement permit, provided that that child was born in Poland or
  • has been married to a Polish citizen for at least 3 years prior to filing for the settlement permit and directly before such filing has been staying in Poland for at least 2 years under the temporary residency permit or
  • is a child of a Polish citizen and remains under his or her parental care.

The settlement permit is granted for an indefinite period of time on the foreign national’s application. The application must be made during the foreigner’s legal stay in Poland, otherwise it will be left unresolved.

The settlement permit is issued by the provincial governor where the foreign national is staying.

A foreign national holding the settlement permit is issued a residency card valid for 10 years. The residency card entitles the foreign national to cross Polish borders without the need of a visa.

As I have written in Work permits in Poland and the residency instruments, foreign nationals holding the settlement permit are not required to obtain the work permit if they wish to undertake employment in Poland.

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Temporary residency permits in Poland

On February 7, 2011, in Immigration, by Kalina Jaroslawska

Returning to immigrations issues…

Another legal instrument to legitimize a foreign national’s stay in Poland is the temporary residency permit.

The temporary residency permit may be issued to a foreign national whose expected period of stay in Poland exceeds 3 months. Legal grounds justifying issue of the temporary residency permit are various and include, apart from employment, e.g. business activity, artistic engagements, vocational training, or matrimony to a Polish citizen.

In order to obtain the temporary residency permit for purposes of employment, the applicant must present the work permit or, if it is not required, a promise of employment from his or her prospective employer.

The temporary residency permit for purposes of employment is granted for no longer than 2 years and may be renewed for further periods not exceeding 2 years each. The application for renewal must be filed no later than 45 days before lapse of the period of stay defined in the preceding permit. There is no limit on the number of temporary residency permits to be held by the same individual nor the cumulative duration of stay in Poland based on that instrument. Also, it is not required that the temporary residency permit be preceded by a visa – it is possible to apply for the permit forthwith.

The temporary residency permit is granted by the provincial governor where the foreign national is staying or intends to stay.

A foreign national holding the temporary residency permit is issued a residency card valid for the duration of the permit. The residency card entitles the foreign national to cross Polish borders without the need of a visa.

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Right to stay in Poland for EU and EEA nationals

On February 1, 2011, in Immigration, by Kalina Jaroslawska

Though immigration laws are not a part of employment law, they are closely connected to it by work permits requirements. If you want to work in Poland, you should not only check whether you are caught by the work permits legislation and get one when required, but you also need some sort of legal instrument to legitimize your stay.

As I wrote in one of my earlier entries on EU and EEA nationals they are not required to obtain a work permit to work in Poland. Despite this they still have to deal with some immigration formalities. Here’s what they are:

1. There are no more visas nor residence permits for EU and EEA nationals.

2. EU and EEA nationals may stay in Poland for as long as three months for any purpose (employment included) without having to go through the immigration procedures.

3. If the EU or EEA national’s stay in Poland is to exceed three months, he or she must meet of the following conditions, i.e.:

  • be employed or self-employed in Poland,
  • be covered by health insurance and have sufficient financial resources to provide for him- or herself and his or her family members without the need to rely on the social aid,
  • study or participate in a professional training in Poland, be covered by health insurance and have sufficient financial resources to provide for him- or herself and his or her family members without the need to rely on the social aid,
  • be married to a Polish citizen.

Under certain circumstances EU and EEA nationals who ceased to be employed or self-employed in Poland maintain the right to stay, e.g. when they are unable to work due to an illness or an accident or as a result of unintended unemployment.

Stay exceeding three months must be registered with the relevant provincial governor, who issues a certificate of registration. Registration may be denied only when the statutory conditions for stay have not been satisfied or on the grounds of public policy, public security or public health.

4. EU and EEA nationals who have been staying in Poland for a continuous period of five years acquire the right of permanent stay, without having to fulfil any additional conditions (with some exceptions as to the required period of stay, which may be shorter in some cases).

The stay in Poland will be considered continuous if temporary absences do not exceed a cumulative total of six months per year. Also, longer absences are allowed if they result from obligatory military service, or an important personal matter (like pregnancy, illness, or professional training) provided that they do not exceed twelve consecutive months.

EU and EEA nationals who have acquired the right of permanent stay are issued a formal confirmation, on their application. The confirmation may be denied on the same grounds as registration of stay (see above).

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Penalties for illegal work in Poland

On January 30, 2011, in Work permits, by Kalina Jaroslawska

This is just a short entry to write about consequences of illegal work in Poland.

A foreigner will be considered to work illegally in Poland if:

  • he or she works without a required work permit or
  • he or she occupies a different post than stated in the work permit or
  • he or she works under different conditions than stated in the work permit.

A foreigner working illegally may be fined at minimum 1000 PLN and/or expelled from Poland.

An employer employing a foreigner illegally may be fined at minimum 3000 PLN.

This post closes the work permits series of entries. If you have any questions on that, or feel some more details would seem useful, please do not hesitate to ask! :-)

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