For a minor child of a foreigner staying in Poland on the basis of a permanent residence permit or residence permit for EU long-term resident

This information does not constitute source of law. Authors were duly diligent to make this information consistent with applicable legal regulations. It is good to remember that it concerns typical and frequent cases and may not fully refer to different matters. The number and the type of documents which may be necessary for administrative bodies throughout the procedure may vary depending on the specific case. In the case of any doubts contact competent authority for examination the individual case and become familiar with legal regulations on their own.

Permanent residence permit Permanent residence permit for a minor child of a foreigner staying in Poland on the basis of a permanent residence permit or residence permit for EU long-term resident

Legal basis – Act of 12 December 2013 on foreigners – Article 195 (1) item 1 of Act – along with executive acts

To whom and for how long may be granted

A foreigner, being child of a foreigner who has been given permanent residence permit or residence permit for EU long-term resident remaining under their parental authority:

a) born after granting a permanent residence permit or residence permit for EU long-term resident to this foreigner, or

b) born during the period of validity of a temporary residence permit granted to foreigner or during the stay of the foreigner in the territory of the Republic of Poland based on residence permit on humanitarian grounds or a permit for tolerated residence or in connection with granting him or her a refugee status or subsidiary protection.

The permit is granted for indefinite time.

Where the application should be submitted

The application on behalf of a minor foreigner shall be made to the Voivode by the parents or guardians appointed by the court or one of the parents or one of the guardians appointed by the court.

When submitting an application for permanent residence permit of a foreigner being an minor who has not turned 6, their presence is not required.

Fees related to residence permit:

Stamp duty PLN 640

Fee for residence card PLN 50

A minor foreigner who, by the date of submitting an application for a temporary residence permit, is under the age of 16, is entitled to a discount in the fee for issuing a residence card in the amount of PLN 25.

Necessary documents:

  1. The application  form for permanent residence permit completed in accordance with information
  2.  4 up-to-date photographs;
  3. Photocopy of a valid travel document (original available for inspection), in particularly justified case if the foreigner does not have a valid travel document and it is not possible to obtain such document, may present another document which confirms his/her identity.

Note: Lack of any of the aforementioned documents will result in margin call within 7 days from its delivery, under pain of leaving the application without examination.

Typical documents proving the circumstances indicated in the application:

Note: Documents listed below attached to the application may reduce the quantity of official correspondence and shorten the time which is necessary to handle the case.

  1. Child’s birth certificate;
  2. Documents confirming that the foreigner exercising parental authority over the minor foreigner is in possession of a permanent residence permit or a long-term resident of EU required by law;
  3. Documents proving parental authority.

Note: In the case of explanations or particularization of evidences during the administrative proceedings the foreigner may be called to deliver other documents or to submit testimonies which confirm circumstances referred to in the application.

Time to handle the case

Proceedings on granting permanent residence permit to a foreigner should be completed not later than within 3 months from the date of its initiation.

The document issued after granting this permit

The foreigner who obtained the permit for permanent residence on the territory of Poland is issued a residence card. This document shall be received in person. In the case when the residence card was issued to the foreigner who did not turn 13, the card shall be received by their statutory representative or probation officer.

The residence card in the period of its validity confirms the foreigner’s identity during their stay on the territory of the Republic of Poland, and authorizes them, along with a travel document, to cross the border multiple times without the need to obtain visa.

The first residence card is issued ex officio by the Voivode who granted the permanent residence permit to the foreigner for the period of 10 years from the date of its issuance. Before the end of its validity another residence card  should be obtained. In addition, in some cases the obligation shall arise to replace the existing residence card.