RESIDENCE PERMIT FOR A LONG-TERM EC RESIDENT

A foreigner with a residence permit for a long term EC resident in one of EU Member States has the right to acquire a temporary residence permit in another EU Member State provided that there are circumstances justifying his residence in such country and s/he has stable and regular income and health insurance. This concerns also family members of a foreigner.

Residence permit for a long -term EC resident is issued upon an application submitted by a foreigner who, directly before submitting an application, was legally and continuously residing in Poland for at least 5 years and who has:
1) steady and regular source of income sufficient to cover the costs of living for the applicant and his/her dependant family members;
2) health insurance as understood by provisions on common health insurance or documents confirming that the costs of medical treatment in the Republic of Poland will be covered by an insurer;
Residence permit for long-term EC resident cannot be granted to a foreigner that:
1) is staying in the republic of Poland to complete studies or vocational training;
2) has a permit for tolerated stay, political asylum, refugee status granted in the Republic of Poland or who is subject to temporary protection;
3) applies for a refugee status or political asylum;
4) is an "au pair" employee or a seasonal employee delegated by provider of services to render trans-border services or a trans-border services provider;
5) resides in the Republic of Poland upon visa referred to in Article 33 of the Act on Aliens or upon a residence permit for a fixed period granted upon Article 53 (1) (5) or (7) of the Act on Aliens;
6) has been detained, placed in a guarded centre, in detention with expulsion order, against whom preventive measure in the form of prohibition to leave the country or deprival of freedom in spite of execution of sentences issued upon legal Acts have been administered.
The 5-year period which determines granting a residence permit for EC long-term resident does not include the stay of a foreigner that:
1) has been detained, placed in a guarded centre, in detention with expulsion order, against who m preventive measure in form of prohibition to leave the country or deprival of freedom in spite of execution of sentences issued upon legal Acts have been administered;
2) is an "au pair' employee or a seasonal employee delegated by provider of services to render trans-border services or a trans-border services provider;
3) resides upon a visa referred to in Article 33 or upon residence permit for a fixed period granted pursuant to Article 53 (1) (5) or (7);
4) is a head, member of a diplomatic mission staff, manager of a consular office or a consular staff member of a foreign country as well as another person of equal status pursuant to legal Acts, agreements or commonly established international practices.
The 5-year period which determines granting a residence permit for EC long-term resident includes half of the foreigner's residence period based on visa or residence permit for a fixed period granted due to studies or vocational training.
The stay in the Republic of Poland is regarded continuous if any absence period has not exceeded 6 months and total absence has not exceeded 10 months unless it was caused by:
1) performance of professional duties or performance 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;
2) accompanying spouse performing his/her professional duties or work in circumstances referred to in point (1);
3) medical treatment of a foreigner.
Residence permit for a long-term EC resident is granted for an unlimited period.
As of the date a foreigner obtains a residence permit for a long-term EC resident, his/her settlement permit expires.
A foreigner may submit an application for residence permit for a long-term EC resident during his/her legal stay in the Republic of Poland.