Citizenship vs. permanent residence

In the situation when you intend to settle in Poland permanently and not have a Polish citizenship should consider the possibility to apply for the granting of permission to stay permanent (permanent residence card), the recognition of Polish citizenship or the granting of Polish citizenship. The permanent residence card, recognition as a Polish citizen and granting of Polish citizenship will primarily guarantee you the right to stay and work in Poland for an unlimited period of time. So if you don't know which option would be better for you, pay attention to the benefits and conditions for obtaining a permanent residence permit and Polish citizenship:

  1. Permanent residence card

A permit of this type entitles you to stay and work in the territory of Poland. The decision in this regard is issued for an indefinite period of time. However, the permanent nature of the decision does not mean that such a permit can never be revoked. You may lose it in the event that:

  1. a) It is required by the defense or security of the state or the protection of public safety and order;
  2. b) The interests of Poland require it;
  3. c) The application for this permit or the documents attached to it contained untrue personal data, false documents or documents certifying false information;
  4. d) When applying for a permanent residence permit, you testified untruthfully or concealed the truth (hid certain facts) or forged a document in order to use it as authentic;
  5. e) When you have been sentenced by a final judgment in Poland for an intentional crime to at least 3 years of imprisonment;
  6. f) You left Poland for a period exceeding 6 years.

The permanent residence card will allow you to live and work in Poland without additional formalities (permits, certificates, etc.). This document will also provide you with the opportunity to travel within the Schengen area, however, only for tourist purposes, for a period of 90 days within 180 days. In terms of travel to other countries, the permanent residence card will also allow you to cross the Polish borders multiple times without the need for a visa. Note, however, that a longer stay in another country may involve the requirement to legalize it according to that country's procedure. In addition, holders of a permanent residence card may establish and conduct business on the same terms as Polish citizens. This means that once you have been granted a permanent residence permit, you can undertake and carry out any form of economic activity permitted by Polish law (e.g. sole proprietorship, civil partnership, limited liability company and joint stock company).

In order to obtain a permanent residence permit, you must meet one of the following conditions:

  • You are a child of a foreigner who has been granted a permanent residence permit or a long-term EU resident's permit remaining under his/her parental authority: a) born after that foreigner has been granted a permanent residence permit or a long-term EU resident's permit b) born during the validity period of a temporary residence permit granted to that foreigner;
  • You are a child of a Polish citizen under his/her parental authority;
  • You are a person of Polish descent and intend to settle permanently on the territory of the Republic of Poland;
  • You are in a marriage recognized by the law of the Republic of Poland to a Polish citizen and you have been in this marriage for at least 3 years before the day on which you submitted your application for a permanent residence permit and immediately before submitting this application you continuously resided on the territory of the Republic of Poland for a period of not less than 2 years on the basis of a temporary residence permit granted in connection with remaining in a marriage with a Polish citizen or in connection with obtaining refugee status, subsidiary protection or a residence permit for humanitarian reasons,
  • You have a valid Pole's Card and intend to settle permanently in the territory of the Republic of Poland.

You must submit your application for a permanent residence permit in person to the provincial governor in charge of your place of residence. The application must be accompanied by: a valid travel document (passport), 4 photographs, documents confirming your data in the application (lists of documents to be attached to the application and specimen applications can be found on the websites of provincial offices).

The stamp duty for granting a permanent residence permit is 640 zloty (holders of the Card of the Pole are exempt from it). Issuance or replacement of a residence card is subject to a fee of PLN 100.

The permanent residence permit is valid indefinitely, however, there is a need to replace the residence card every 10 years. An application for another residence card must be submitted at least 30 days before the expiration of the residence card.

Decisions on granting a temporary residence permit are issued within 6 months, although the waiting time may vary due to the circumstances of the case.

Obtaining a permanent residence card will make it easier for you to apply for Polish citizenship in the future.

  1. Polish citizenship

You can become a Polish citizen by: recognition as a citizen, granting citizenship.

The first of the above-mentioned possibilities conditions the acquisition of citizenship only by documenting your residence on Polish territory for a sufficiently long period of time. You will be recognized as a Polish citizen if:

  • You have continuously resided in the territory of the Republic of Poland for at least 3 years on the basis of a permanent residence permit, a residence permit for a long-term resident of the European Union or the right of permanent residence;
  • You have continuously resided on the territory of the Republic of Poland for at least 2 years on the basis of a permanent residence permit, a residence permit for a long-term resident of the European Union or the right of permanent residence, who: a) has been married for at least 3 years to a Polish citizen; or b) does not have any citizenship;
  • you have been continuously residing in the territory of the Republic of Poland for at least 2 years on the basis of a permanent residence permit that you obtained in connection with having refugee status;
  • You are a minor foreigner residing in the territory of the Republic of Poland on the basis of a permanent residence permit, a residence permit for a long-term resident of the European Union or the right of permanent residence, and at least one of your parents has been restored to Polish citizenship, and the other parent, who does not have Polish citizenship, has agreed to this recognition.
  • You have been residing in Poland for at least 10 years and have a permanent residence permit, a long-term resident's permit of the European Union or the right of permanent residence and have a stable and regular source of income in the Republic of Poland and a legal title to occupy a dwelling;

In addition, in order to be recognized as a Polish citizen you should know the Polish language at least at B1 level, which should be confirmed by submitting an appropriate certificate or document confirming your knowledge of the language.

You must submit your application for recognition as a Polish citizen to the provincial governor with jurisdiction over your place of residence.

You must pay a fee of PLN 219 for the decision on recognition as a Polish citizen. If the proceedings are discontinued or the application is not accepted, you may demand a refund of this fee.

Your application for recognition as a Polish citizen will not be accepted if: you do not meet the above-mentioned requirements; acquiring citizenship would pose a threat to state defense or security or public order. According to the Constitution, Polish citizenship cannot be lost in any other way than by renouncing it. This means that once you are recognized as a Polish citizen, you will not have to worry about possible "undermining" of your citizenship by administrative authorities.

Polish citizenship, on the other hand, is granted by order of the President of the Republic of Poland. To do so, you must submit an application to the provincial office with jurisdiction over your place of residence, or to a consul if you live outside Poland. The President of the Republic of Poland, in deciding this matter, is not limited by deadlines or evaluation criteria. His decision is final so it is not subject to appeal. Due to the lack of time constraints, such a procedure usually takes a long time compared to the procedure for recognition as a Polish citizen. However, it may be a better alternative if you do not meet the conditions for recognition as a Polish citizen, but want to become a Polish citizen

What are the benefits of citizenship and how does it differ from a permanent residence permit? By becoming a Pole, you will automatically be given the opportunity to live and work in Poland and the European Union, which also applies to your children. As a Polish citizen, you will also gain access to public education and health care. In addition, there are a great many more conveniences resulting from your Polish citizenship that pertain to activities you can undertake in Poland. It will be much easier for you to buy property in the country, take advantage of health care, or find employment in professions that are only for Polish citizens. Remember that you will have certain obligations to the state in connection with your citizenship. These include, in particular: tax obligations, duty to care for the environment, defense of the Fatherland or loyalty to the Republic.

Due to the high level of complexity involved in obtaining a permanent residence or citizenship permit, we recommend that you contact our law firm for foreigners to assist you.