Conditions

You will get a permanent residence permit if you meet three conditions together (Art. 195 para. 1 point 4 of the Act on Foreigners):

  • you are married to a Polish citizen, in a marriage recognised by Polish law,
  • the marriage has lasted at least 3 years before the day you submit the application,
  • directly before the application you have lived in Poland continuously for at least 2 years on the basis of a temporary residence permit granted in connection with your marriage to this Polish citizen (or in connection with refugee status, subsidiary protection or a permit for humanitarian reasons).

The provision does not require all 3 years of marriage to fall within your stay in Poland. It does require 2 years of residence on the right permit. That is why the first step is usually a temporary residence permit for the spouse of a Polish citizen - see residence card.

What continuous residence means

Residence is continuous if no break lasted longer than 6 months and all breaks together did not exceed 10 months (Art. 195 para. 4). These limits do not apply if the break resulted, among other things, from work abroad for an employer based in Poland or from a special personal situation lasting up to 6 months.

The marriage must be genuine

The voivode checks whether the marriage was concluded or exists in order to circumvent the rules on foreigners' residence (Art. 205). If so, the voivode refuses the permit (Art. 197 para. 1 point 6).

After you get the permit, mind one provision: if you divorce within 2 years of being granted permanent residence, the voivode may withdraw the permit (Art. 199 para. 3).

Application, fee, time

  • You submit the application in MOS no later than on the last day of your legal stay (Art. 202 para. 1 and Art. 203c) - see how to submit an application in MOS.
  • The stamp duty for the permit is 640 PLN - see fees.
  • The voivode has 6 months to issue a decision (Art. 210 para. 1). If the application was submitted on time and without formal defects, your stay during this period is legal (Art. 206 para. 1 point 2).

Permanent residence also opens the way to citizenship: the spouse of a Polish citizen can be recognised as a citizen after 2 years of permanent residence - see citizenship through marriage.