I have a long term resident permit for Poland that I do not want to lose the right to, but I plan to move to another EU countries for several years.
Under the Polish Act I lose this if I leave the EU for >1 year or Poland for >6 years. (as per Article 199 of Poland's Act of 2013 on Foreigners)
I intend to move to another EU country under one of their residence programs, but will not get a permanent residence in that country.
How do I ensure that I do not lose my Poland long term EU residence status?
Is anyone aware of any guidance on this?
Do I need to move back to Poland permanently before the 6 years is up?
Or does just being in Poland from time to time over the 6 years keep the period extended indefinitely?
The one year absence from the EU comes from the EU rules.
I know in an EU case the EU concluded that even being in the EU a few days means that you have not been outside of the EU for > 1 year, HOWEVER: a) Austria did not recognise this, and that is why the person had to go to the EU court to enforce their right and b) the 6 year period is regulated by Poland, therefore I do not believe the EU court would have any say in the matter, and it would be subject to the Polish interpretations, which could have a different view.
Ultimately, I would go to a professional for a written opinion and also ask the Polish authorities, but does anyone have any experience with this and/or know an expert that would have very detailed knowledge of this? (any lawyer can provide a caveated opinion, but I need a legal opinion that can be relied on for life decisions)
Under the Polish Act I lose this if I leave the EU for >1 year or Poland for >6 years. (as per Article 199 of Poland's Act of 2013 on Foreigners)
I intend to move to another EU country under one of their residence programs, but will not get a permanent residence in that country.
How do I ensure that I do not lose my Poland long term EU residence status?
Is anyone aware of any guidance on this?
Do I need to move back to Poland permanently before the 6 years is up?
Or does just being in Poland from time to time over the 6 years keep the period extended indefinitely?
The one year absence from the EU comes from the EU rules.
I know in an EU case the EU concluded that even being in the EU a few days means that you have not been outside of the EU for > 1 year, HOWEVER: a) Austria did not recognise this, and that is why the person had to go to the EU court to enforce their right and b) the 6 year period is regulated by Poland, therefore I do not believe the EU court would have any say in the matter, and it would be subject to the Polish interpretations, which could have a different view.
Ultimately, I would go to a professional for a written opinion and also ask the Polish authorities, but does anyone have any experience with this and/or know an expert that would have very detailed knowledge of this? (any lawyer can provide a caveated opinion, but I need a legal opinion that can be relied on for life decisions)