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I'm non EU-citizen working in Poland and have Blue Card temporary residence permit. I have it for 2 years, meaning that I could apply for a permanent residence (EU long-term residence permit) in 3 years.

I'm also married to a Polish person. According to Act on Foreigners, a person can apply for a permanent residence permit, if they are married to a Polish citizen for 3 years and living in Poland for 2 years on the basis of a temporary residence permit granted in connection with being married to this a Polish citizen or in connection with obtaining refugee status, subsidiary protection or permission to stay for humanitarian reasons.

I read this as I can not apply for permanent residence based on marriage because I have temporary residence permit issued on another basis. That seems unfair (I wish I knew this before - I would rather get my marriage-based temporary residence permit from the very beginning).

Is it really like that or there it's possible to follow this way while staying on Blue Card (possibly, with having a good lawyer)?

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  • Why stay on the blue card? Why not just switch to the spouse permit?
    – phoog
    Nov 6, 2022 at 22:39
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    @phoog that's valid, but won't necessarily speed up things a lot - waiting period for residence permits are pretty long in the area where I live: I don't believe it will be less than 6 months; and I would still need to live for 2 years based on that. In total it will be around 2.5 years vs 3 years on a Blue Card. I'm considering doing this though
    – Kojrak
    Nov 7, 2022 at 7:45
  • @MarkJohnson I see, that's a bummer. Thanks for highlight.
    – Kojrak
    Nov 7, 2022 at 7:48
  • Fair enough. Is six months that significant, though? What benefit does permanent residence bring in addition to those you already have as a temporary resident? If it's because you want to move to another EU country, you can do that today if you move together with your spouse.
    – phoog
    Nov 7, 2022 at 8:24
  • I guess, the most significant benefit is being able to work on b2b and don't care about employment. At the same time, it reduces mobility within EU. My long term plan is to get citizenship in any of EU countries (I don't really care which)
    – Kojrak
    Nov 7, 2022 at 10:06

1 Answer 1

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EC long-term resident status for a EU Blue Card holder is granted after 5 years (Article 16 of directive 2009/50/EC).

Conditions for national permanent residence is based on the national law of each member state, which doesn't contain any exception for Blue Card holders in Poland.

A lawyer cannot change this.

Sources:

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