The Polish Card is not a residence permit. It is a document referred to in the provision governing permanent residence. A permanent residence permit is issued by the provincial governor upon application by a foreign national. This article outlines two grounds specified in Article 195 of the Act on Foreigners: a valid Polish Card and Polish ancestry. You will also learn in which situations the law requires that a permit be denied.
What is a permanent residence permit?
Pursuant to Article 195(1) of the Act on Foreigners, a permanent residence permit is granted to a foreigner for an indefinite period, at his request, provided it meets one of the grounds listed in that provision. The permit is not granted automatically: you must first submit an application, and only then will the authority assess whether the grounds are met.
There are several requirements in the regulation. We’ll focus on just two: point 9 (a valid Polish Card) and point 3 (Polish ancestry). You can find a general description of the permit on the page about permanent residence permit.
First requirement: a valid Polish Card
Article 195(1)(9) states that a foreign national may be granted a permanent residence permit if he or she holds a valid Polish Card and intends to settle permanently in the Republic of Poland. These are two conditions in a single sentence, connected by the conjunction „and,” so both are required.
- Valid Polish Card: The regulation refers to a valid card, that is, one that has not expired.
- Intention to settle permanently: The law requires that you intend to settle in Poland permanently, not just temporarily.
Keep in mind the difference between these terms. The Polish Card is not a residence permit, and a permanent residence permit is a decision issued by the provincial governor. The document confirming residence, issued on the basis of the permit, is a separate matter and is called a residence card. You can read more about the Polish Card itself in this post The Polish Card in Poland.
Second criterion: Polish origin
Article 195(1)(3) applies to a person who is a person of Polish descent and intends to settle permanently in the Republic of Poland. Here, too, there are two conditions at once. The difference is that the provision in this section does not mention the Polish Card.
How do you determine who is of Polish descent? Article 195(2) provides the answer. To determine Polish descent, the provisions of Article 5(1) and, as applicable, Article 6(1) and (2) of the Repatriation Act apply. We will not discuss the details of these provisions here, as they require a separate review in light of your family situation.
When an agency denies a permit
Article 197(1) lists the cases in which A permanent residence permit is denied. The provision uses the phrase „shall be denied.” Examples include, among others:
- the foreign national does not meet the requirements of Article 195(1)(1),
- his information must be entered into the list of foreign nationals whose presence is undesirable (point 2),
- his data are listed in the Schengen Information System as relating to a refusal of entry and stay (point 3),
- it is required for reasons of national defense or security, or to protect public safety and order (item 4),
- it is in the interest of the Republic of Poland (point 5),
- the application or supporting documents contain false data or false information, a false statement was made, the truth was concealed, or a document was forged or altered (item 7),
- A foreign national is in arrears on taxes unless he or she has been granted an exemption, a deferral, an installment plan, or a stay of enforcement of the decision (point 8),
- The costs associated with the return order, which were covered by the state budget, were not reimbursed (item 9).
This is not the full list from the statute. For example, point 6—concerning marriages entered into to circumvent the law—has been omitted. It is worth reading the full text of Article 197 before filing an application.
A person of Polish descent: a more limited list of refusals
The Act provides a separate rule for the grounds listed in point 3. Pursuant to Article 197(2), a permanent residence permit shall be denied to a foreign national of Polish origin only in the cases referred to in paragraph 1, items 1, 4, or 7. That is, when:
- does not meet the requirements of Article 195(1),
- when required for reasons of national defense or national security, or for the protection of public safety and order,
- false data or false information, false testimony, concealment of the truth, or a forged or altered document appeared in the proceedings.
This restriction in paragraph 2 applies to the person referred to in Article 195(1)(3). Paragraph 2 applies exclusively to point 3; therefore, if the basis is point 9, read Article 197(1) in its entirety. Also, keep in mind that the outcome of the case is determined by the provincial governor, not by an article on the internet.
How to Prepare to Read a Recipe
- Determine the base: Check whether your situation falls under point 9 (Polish Card) or point 3 (Polish ancestry). There are also other grounds for permanent residence, but that’s a separate topic.
- Check the card's validity: In paragraph 9, the provision refers to a valid card.
- Think about the intention: Both requirements involve the intention to settle permanently.
- Read Article 197: Check to see if any of the grounds for denial apply to you.
- Ensure the accuracy of the data: Inaccurate information in the application or supporting documents constitutes a separate ground for denial.
When it comes to citizenship, as opposed to residency, the procedure is different. It is described on the page about recognition as a Polish citizen. If you're curious about the cost of assistance with paperwork, check out price list.
Frequently Asked Questions
Is the Polish Card a permanent residence permit?
No. The Polish Card is the document referred to in Article 195(1)(9). A permanent residence permit is granted by the provincial governor upon application by a foreign national if the foreign national meets the criteria set forth in that provision.
Can a person of Polish descent apply for permanent residence without a Polish Card?
The provision regarding Polish origin (Article 195(1)(3)) is a separate basis and does not mention the Polish Card as a requirement. However, it does require that you be a person of Polish descent and intend to settle permanently in Poland.
How is Polish ancestry determined?
According to Article 195(2), the provisions of Article 5(1) and, mutatis mutandis, Article 6(1) and (2) of the Repatriation Act apply. It is advisable to discuss with a lawyer how these provisions apply to your family.
When is a permit denied to a person of Polish descent?
Pursuant to Article 197(2), in the cases referred to in paragraph 1, items 1, 4, or 7: where the requirements of Article 195(1) are not met, where national defense, national security, or public order so require, or where false information or documents are presented in the proceedings.
Are you checking the requirements for permanent residence and want to discuss the documents? Contact ECOC or call: 737 737 736. Remember that the provincial governor decides whether to grant the permit.
