Renewing a EU permanent resident card after 10 years

[anna123]

Hi all,
Can I renew my EU Polish permanent resident card after it expires (valid for 10 years) even if I am not currently living in that country at the moment? Do I loose my Permanent Residence status if I live outside the issuing country for a certain period of time? How permanent is "permanent"?

I have a permanent resident card from Poland (karty stalego pobytu), valid for a 10 year period. I am thinking of moving back my home country to the USA (I am an American citizen) for a number of years so I will not be living in Poland when the permanent resident card expires. I would one day like to return to Poland so I would like to renew the card after it expires. Is this possible since I have already obtained a Permanent resident visa, or do I need to be living in Poland to renew the card. Can I renew the permanent resident card at a Polish embassy in USA for example.
Is the permanent residence card renewed automatically every ten years without the need to present any other documents such as living continuously in the host country?
Thank you for any help.

[edinburgh]

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[edinburgh]

[deleted]

[anna123]

Thank you Edinburgh for the reply.
both my parents and grandparents have no connection to Poland and I was born in the USA. My spouse was polish but we are divorced now. I do not own any property or business in Poland. So as I understand, the Permanent residence card is valid till the expiration date but after that it will not be renewable if I do not live in Poland? Thus I will loose the Permanent Residence visa?

[Ben]

If your Polish permanent residence card is one issued in conformity with EU Directive 2004/38/EC, it ceases to be valid (and your right of permanent residence is lost) after two consecutive years of absence from Poland.

However, if it was acquired through means other than in conformity with the Directive, other conditions may apply and I can't help you with that, I'm sorry.

[edinburgh]

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[Monifé]

Permanent Residence Cards issued in conformity with the Directive 2004/38/EC are issued for 10 years.

Thereafter, I think you renew them although I have not come across anyone in this situation yet. One would assume that once Permanent Residence is achieved that they would apply for naturalisation/citizenship of that country, should they wish to remain there for the forseeable future.

[Directive/2004/38/EC]

anna123

What card exactly do you have? What year was it issued?

If it was issued under EU law (e.g your polish husband was working in the UK, and then moved back to Poland with you), then one set of rules apply.

If it was issued under Polish law (e.g. your polish husband has never worked and lived with you in another EU member state), then the rules of Polish law apply (and I have no idea what these are).

[Pakhtoon]

Polish law says the same. You loose your right of permanent residence ( always called 'Settlement visa' in here ) if you stay out of Poland for two years. Your karta might be valid for 10 years but it obviously becomes useless if you loose the right of permanent residence.

I would suggest you get Polish citizenship before moving out.

[anna123]

Thank you everyone for your reply.
I have been out of Poland for more than 2 years so it seems as if I lost the permanent residence visa already.
Well to help anyone else in the forum from loosing their permanent residence, a bit about my situation.
I came to Poland as a student on a student visa. I was married to my Polish spouse in 2001 at which point I obtained a temporary residence card valid for 5 years.
After 3 years of marriage and having a temporary residence one can apply for a permanent residence visa. Thus in 2005 I obtained my permanent residence card valid till 2015. In 2007 I got divorced and moved back to the States.
Thus in hindsight, I should have applied for Polish citizenship soon after obtaining my permanent residence card. I never expected to get divorced so I did not rush on getting a Polish citizenship since I could live and work with the permanent residence card without any problem.
I guess I should have obtained a polish passport and be a US/Polish dual citizen. I am also not sure of any pros/cons of being a dual citizen eg. taxes etc. though.

So I guess in 2015 if I try to renew my card I will probably have to show my passport and prove I was in Poland for most of the time, without gaps of more than 2 years. I can not prove that so they will probably not renew my card.
does it mean that I can no longer stay in Poland longer than the 3 month allowable under the visa waiver program? I still physically have the permanent residence card saying it is valid till 2015.

[Srixon]

Hi guys,

can anyone advise me how long it takes a Uk national to apply for a residence permit in france.

thank you for your advise

[Ben]

Hi guys,

can anyone advise me how long it takes a Uk national to apply for a residence permit in france.

thank you for your advise

UK nationals do not require permission to reside in France.

[Srixon]

Hi guys,

can anyone advise me how long it takes a Uk national to apply for a residence permit in france.

thank you for your advise

UK nationals do not require permission to reside in France.

Thanx Ben, i knw its not required but optional. i only want to apply for it so that i can use it as an evidence for enforcable community right required for a registration with the General Medical Council in the uk for my spouse who is a doctor.

look forward to hear from you again.

[Ben]

Hi guys,

can anyone advise me how long it takes a Uk national to apply for a residence permit in france.

thank you for your advise

UK nationals do not require permission to reside in France.

Thanx Ben, i knw its not required but optional. i only want to apply for it so that i can use it as an evidence for enforcable community right required for a registration with the General Medical Council in the uk for my spouse who is a doctor.

look forward to hear from you again.

It's not even optional for you to apply for a residence permit. There cannot be a facility to issue a permit to a person who is not required to have permission.

As a UK national, you may be required by the French authorities to register your presence in France if you reside there for longer than three months. Provided you are resident in conformity with the French transposition of Directive 2004/38/EC and if the French authorities require this registration, you must be issued with a registration certificate immediately.

[Srixon]

Hi guys,

can anyone advise me how long it takes a Uk national to apply for a residence permit in france.

thank you for your advise

UK nationals do not require permission to reside in France.

Thanx Ben, i knw its not required but optional. i only want to apply for it so that i can use it as an evidence for enforcable community right required for a registration with the General Medical Council in the uk for my spouse who is a doctor.

look forward to hear from you again.

It's not even optional for you to apply for a residence permit. There cannot be a facility to issue a permit to a person who is not required to have permission.

As a UK national, you may be required by the French authorities to register your presence in France if you reside there for longer than three months. Provided you are resident in conformity with the French transposition of Directive 2004/38/EC and if the French authorities require this registration, you must be issued with a registration certificate immediately.

thanx Ben guess i will just apply for the registration certificate.

[Directive/2004/38/EC]

Thanx Ben, i knw its not required but optional. i only want to apply for it so that i can use it as an evidence for enforcable community right required for a registration with the General Medical Council in the uk for my spouse who is a doctor.

What exactly are you trying to achieve?