Immigration to Poland for Hong Kong SAR China citizenship

The decision to grant a permanent residence permit (permanent residence card) is issued for an indefinite period. The permanently damaged card itself is valid for 10 years, which means that every 10 years the card must be changed as part of the card reissuance procedure. At the same time, there is no need to re-submit an application for a permit and go through the procedure for obtaining it.

Such a permit gives the right to employment in Poland without the need to obtain additional documents. A permanent residence card issued in Poland does not give the right to employment in a country other than Poland.

A permanent residence permit (permanent residence card) gives the right to visit other countries of the Schengen zone. However, a foreigner's stay on this basis cannot exceed 90 days within 180 days. If a foreigner plans to stay in this country longer than the specified limit allows, he must be legalized in accordance with the legislation of this country.

Who can get a permanent residence permit?

A foreigner who:

1. Is a child of a foreigner who has a permanent residence permit in Poland or a residence permit of a long-term resident of the EU and is under his care, and who:

1. was born after his father received a permanent residence permit or a long-term EU resident permit in Poland, or

2. was born during the period of validity of the temporary residence permit granted to such a foreigner, or during the period of such foreigner's stay on the territory of Poland on the basis of a residence permit for humanitarian reasons or a tolerated stay permit or in connection with granting him refugee status, or;

2. Is a child of a Polish citizen and is under his guardianship;

3. Has Polish origin and plans to settle in Poland on a permanent basis;

4. Has been in a marriage recognized by Polish law with a Polish citizen for at least 3 years before submitting an application for a permanent residence permit, and immediately prior to submitting such an application has lived in Poland continuously for at least 2 years on the basis of a temporary residence permit issued in marriage with a Polish citizen, or on the basis of receiving refugee status, additional protection or a residence permit for humanitarian reasons;

5. Is a victim of human trafficking and has well-founded fears before returning to the country of origin, confirmed by the prosecutor conducting the case;

6. Immediately before submitting an application for a permanent residence permit, lived in Poland continuously for at least 5 years on the basis of refugee status, provision of additional protection or a residence permit for humanitarian reasons;

7. Has a valid Polish Card and plans to settle in Poland on a permanent basis;

8. The person was granted asylum in Poland

An application for a permanent residence card can also be submitted by a foreigner who has a source of stable and regular income and has been in Poland for at least 4 continuous years immediately before submitting the application.

Procedure and documents

The application for the issuance of a permanent residence card is considered in the Voivodeship Office at the place of residence of the foreigner. The list of Voivodeships can be found here.

The application must be submitted by a foreigner who is legally staying in Poland, i.e. no later than the last day of legal stay (e.g.,, the last day of validity of a temporary residence card or visa).

The list of documents required for submitting an application for a permanent residence card:

• 2 copies of the completed application for a permanent residence permit in Polish (the application can be downloaded from the link: https://www.gov.pl/web/uw-mazowiecki/zezwolenie-na-pobyt-staly-dokumenty );

• Original passport (for verification) together with two photocopies of all marked pages containing stamps, marks and entries;

• 4 photos that meet the requirements;

• Documents necessary to confirm the data contained in the application and the circumstances that are the basis for submitting an application for a permanent residence permit:

• Confirmation of payment of the state fee.

A foreigner who submits an application for a permanent residence card has his fingerprints taken in order to enter them in the residence card. In addition, the Voivode affixes a stamp in the foreigner's travel document, confirming the submission of an application for the issuance of a permanent residence card. Staying in Poland on the basis of a stamp is considered legal (even if the validity period of the visa or previous residence card expires) until the day of the decision on granting the permit.

The validity period of the card of permanent defeat

The permanent card is valid indefinitely, but the card must be changed every 10 years. The application for issuing a regular residence card must be submitted no later than 30 days before the expiration of the residence card.

Duration of the procedure

The waiting time for a decision depends on the individual circumstances of the case.

According to the legislation, consideration of an application for granting a permit to a foreigner must be completed no later than 3 months from the date of its receipt. If the Voivodship Administration does not have time to consider the application on time, it is obliged to inform the foreigner of this fact, explaining the reasons for the delay and indicating a new deadline for considering the application.

Fee

The fee (must be added to the application at the time of its submission) for issuing a residence permit for a long-term resident of the EU is 640 zlotys. The fee is returned in the event of a negative decision (termination of application consideration or leaving the application without consideration) upon the application of a foreigner. If a positive decision is received, the foreigner must pay an additional 50 zlotys for issuing a residence card.

Holders of the Pole's Card, who apply for a permanent residence permit in connection with the intention to settle on the territory of Poland on a permanent basis, are exempted from paying a fee of 640 zlotys for the issuance of the permit.

The payment can be made at the cash desk of the Voivodship Department, where the application is being considered, or transferred to the account of the relevant department. Information about the account number can be obtained directly from the Office or on the website www.gov.pl (by selecting the voivodship office where the application will be submitted).

A foreigner can be recognized as a Polish citizen if:

• A foreigner has continuously stayed in the territory of the Republic of Poland for at least 3 years on the basis of a permanent residence permit, or the right of permanent residence, who has a stable and regular source of income in the Republic of Poland and the legal right to rent housing;

• A foreigner has been continuously in the territory of the Republic of Poland for at least 2 years on the basis of a permanent residence permit or the right of permanent residence, and who:

• has been married to a Polish citizen for at least 3 years or

• does not have any citizenship;

• A foreigner has continuously stayed in the territory of the Republic of Poland for at least 2 years on the basis of a permanent residence permit, which he received in connection with the refugee status granted in Poland;

• A minor foreigner is in the territory of the Republic of Poland on the basis of a permanent residence permit, a residence permit of a long-term resident of the European Union or the right of permanent residence, one of whose parents is a citizen of Poland, and the other parent, who does not have Polish citizenship, has agreed to recognition;

• A foreign minor who is in the territory of the Republic of Poland on the basis of a permanent residence permit, a residence permit of a long-term resident of the European Union or the right of permanent residence, at least one of his parents has been restored to Polish citizenship, and the other parent, who does not have Polish citizenship, has agreed for recognition

Procedure

Recognition as a Polish citizen takes place upon the application of the interested person. The application for recognition as a citizen of Poland is submitted to the Voivodeship, competent for the place of actual residence of the foreigner (the place where the center of life interests of the foreigner is concentrated).

The decision to recognize a foreigner as a citizen of Poland is issued by the voivode, who is competent at the place of residence of the person to whom the proceedings concern.

Attention! If an application for recognition of a foreigner as a Polish citizen is submitted at a time when proceedings for the granting of Polish citizenship are ongoing in relation to this foreigner, the proceedings for recognition as a Polish citizen are terminated.

Documents

A foreigner applying for recognition as a Polish citizen must submit the following documents:

• A completed application for recognition as a citizen of Poland, drawn up in Polish;

• 1 photo;

• An abbreviated or full copy of the birth certificate issued by the Polish Civil Status Registration Authority on the basis of the Polish register of civil status acts, containing names and surnames, date and place of birth, father's name and surname, and mother's name and maiden name;

• An abbreviated or full copy of the marriage certificate - not older than 3 months - issued by the Polish Civil Status Registration Authority, provided that the foreigner was married;

• A certified copy of a valid document confirming identity and citizenship (international passport, travel document);

• A certified copy of a permit for a permanent stay in Poland or a long-term resident of the EU;

• A certified copy of the permanent residence card issued by the Voivodeship;

• Official certificate of knowledge of the Polish language at the B1 level;

Please note that knowledge of the Polish language must be confirmed by a language certificate obtained after passing a state exam, a school-leaving certificate (e.g. primary, secondary or higher school) in Poland or a school-leaving certificate abroad with Polish as the language of instruction.

To get information about the certificate of knowledge of the Polish language, go to the website: http://www.buwiwm.edu.pl/certifikacija/  (website in Polish only). Instead, important information about the exams is available at www.certyfikatpolski.pl 

You can read more about recognition as a Polish citizen here.

Polish citizenship is granted by the President of the Republic of Poland. The President in his decision is not limited by any conditions that a foreigner must meet in order to be granted citizenship. This means that the president can grant Polish citizenship to any foreigner, regardless of, for example, how long they have been in Poland.

Polish citizenship is granted upon application by a foreigner. An application for the granting of Polish citizenship to a person legally residing in Poland is submitted to the President through the Voivodeship competent for the place of residence of the interested person. If the foreigner is abroad, the application must be submitted through the competent consul.

Attention! If a foreigner is in Poland on the basis of a visa or without a visa, they can submit an application only through the Polish consul competent for the place of permanent residence.

The application is submitted in person or by mail. Documents issued in a foreign language must be submitted together with their translation into Polish by a sworn translator or consul of the Republic of Poland.

The application for granting Polish citizenship together with additional information on the procedure is available here: https://www.gov.pl/web/uw-mazowiecki/nadanie-obywatelstwa. 

It’s worth knowing! The procedure for granting Polish citizenship can take a long time, because it does not have to be considered immediately, as in the case of the procedure for recognition as a Polish citizen. A person applying for citizenship must substantiate his/her application and must give a good reason why they should be granted Polish citizenship.

An application for this type of permit can be submitted by a foreigner who plans to perform or continue working in a profession that requires high qualifications in Poland.

In order to apply for the so-called EU Blue Card, a foreigner must have a completed higher education or at least 5 years of professional experience at a level comparable to the level of qualifications acquired as a result of obtaining a completed higher education, which are necessary to perform such a job.

Necessary documents

In addition to the main documents that are submitted for a temporary residence permit, a foreigner is also required to submit to the Voivodeship at the place of residence:

• Appendix No. 1 to the application. Please note that the application must be signed by a person authorized to represent the employer;

• Appendix No. 2 to the application (to be filled out by a foreigner);

• An employment contract (or a contract for performing work at home or a civil law contract) concluded for a period of at least 1 year;

• Documents confirming the availability of high professional qualifications (for example, a diploma of higher education with a translation into Polish),

• Documents confirming the availability of medical insurance or coverage by an insurance company of the costs of treatment in the territory of the Republic of Poland (for example, certificates from ZUS — ZUS RCA for the last 3 months, together with information on dispatch and confirmation);

• Documents confirming the presence of a place of residence in Poland. Such documents can be, for example, a lease agreement, confirmation of registration at the place of residence or a hotel reservation.

Attention! The above list is not exhaustive. The package of documents required to obtain a "Blue Card" may differ depending on the situation of the foreigner and the administration to which the foreigner applies for a temporary stay permit.

Issuance of a Blue Card

A temporary residence permit in connection with the performance of work in a profession that requires high qualifications is granted for the period of performance of work plus 3 months, but not more than 3 years.

In the decision on granting a residence permit in connection with the performance of work in a profession that requires high qualifications, the term of validity of such a permit is indicated and:

1. The employer for whom the foreigner must perform work;

2. The position for which the foreigner must be employed;

3. Salary;

4. The minimum standard of working hours and the type of contract on the basis of which the foreigner must perform work.

The Polish Card is a document that confirms a foreigner's membership of the Polish nation. However, the issuance of the Pole's Card does not mean granting the foreigner Polish citizenship, the right to temporary stay or permanent residence in Poland, or the right to cross the Polish border without a visa.

However, the possession of the Pole's Card gives certain rights. Its owner can:

• Get a national visa free of charge, which gives the right to multiple crossings of the Polish border;

• Submit an application for granting citizenship by the President of the Republic of Poland at the Polish consulate free of charge;

• Seek help from the consul, within the limits of his competence, in the event of a threat to life or safety;

• Legally find employment on the territory of Poland without the need to obtain a work permit;

• Carry out economic activities in Poland under the same conditions as Polish citizens;

• Use the education system in Poland at the primary, secondary and higher levels for free under the same conditions as Polish citizens, and at the same time submit applications for scholarships and financial assistance for studies intended for foreigners studying and obtaining higher education in Poland;

• Receive free medical care in Poland under the same conditions as Polish citizens in case of an emergency;

• Enjoy a 37 percent discount on railway tickets in Poland;

• Visit state museums in Poland for free;

• Submit an application for a permanent residence permit without paying a fee.

Who can get the Polish Card?

The Polish Card can be obtained by a person who does not have Polish citizenship, declares that he belongs to the Polish people and, on the day of submitting the application, meets the following criteria:

• Demonstrates the connection with Polish culture, at least through the knowledge of the Polish language at a basic level, as well as through the knowledge and observance of Polish traditions and customs;

• Signs a declaration of belonging to the Polish people in the presence of the consul or voivode (who will be elected on the basis of a separate resolution) or an employee appointed by him;

• Proves the Polish nationality or that at least one of parents, grandparents, or great-grandparents had Polish nationality, or provides a certificate from an authorized Polish diasporic or cultural organization (the list of organizations can be viewed at https://sip.legalis.pl/document-full.seam?documentId=mfrxilrtg4ytinjzgu4tiltwmvzc4mjygi3tk#> ), confirming active participation in activities promoting the Polish language and culture or supporting the Polish national minority during at least the last 3 years;

• Signs a statement that their relatives have not repatriated from the territory of the Republic of Poland or the Polish People's Republic on the basis of the treaties concluded in 1944-1957 between the Republic of Poland and the Belarusian Soviet Socialist Republic, the Ukrainian Soviet Socialist Republic, the Lithuanian Soviet Socialist Republic and the Union of Soviet Socialist Republics, to one of the states that is a party to these treaties.

What is the validity period of the Polish Card?

The Polish Card is valid for 10 years from the date of issue. No later than 3 months before the expiration of the card, an application for its extension for the next 10 years must be submitted.

A Polish Card issued to a minor is valid for 10 years, but no longer than until the end of the year from the day they reaches the age of 18.

You can find more information about the documents required for issuing the Polish Card and the application deadline at this link: https://www.migrant.info.pl/karta-poljaka.html