Acquisition of real estate in Poland by a foreigner or permanent residence

0
53

[ad_1]

According to the Law of March 24, 1920 on the Acquisition of Real Estate by Foreigners: “A permit is required for the purchase of real estate by a foreigner. The permit is issued by an administrative decision of the Minister of the Interior if the Minister of National Defense does not object, and in the case of agricultural property, if there is no objection from the Minister in charge of Rural Development.… “one The acquisition of real estate means the acquisition of title to this property or the right of perpetual usufruct on the basis of any legal event.2… The acquisition of real estate by a foreigner contrary to the provisions of the Law is invalid. The invalidity of such a transaction is also declared by the court at the request of the head of the commune (mayor, president of the city), the head of the county (headman), the marshal of the voivodeship (marszałek województwa) or the governor of the voivodeship (wojewoda), competent depending on the location of the real estate or at the request of the Minister of the Interior3

For the purposes of the above Law, the term “foreigner” includes:

  • a natural person without Polish citizenship,
  • a legal entity headquartered abroad,
  • unincorporated company of a natural person without Polish citizenship or a legal entity with a head office abroad, headquartered abroad, created in accordance with the laws of foreign countries,
  • a legal entity and a commercial company without a legal entity located in Poland and directly or indirectly controlled by:

Ø natural person without Polish citizenship, or

Ø a legal entity headquartered abroad, or

Ø unincorporated company of a natural person without Polish citizenship or a legal entity headquartered abroad, headquartered abroad, established in accordance with the laws of foreign countries.four

It should be noted that the Law provides for a number of exceptions to the permit requirements, including highly personal conditions, in particular, the Law states that a permit is not required if:

  • purchase of real estate by a foreigner residing in Poland for at least 5 years from the date of granting him a permanent residence permit or a residence permit for a long-term resident of the EU;
  • the acquisition by a foreigner who is the spouse of a Polish citizen and resides in Poland for at least 2 years from the date of granting him / her a permanent residence permit or a residence permit for a long-term EU resident of real estate, which, as a result of the acquisition, will constitute the public property of the spouses established by lawfive;
  • acquisition of real estate by a foreigner who is a citizen or an entrepreneur of the states parties to the agreement on the European Economic Area or the Swiss Confederation, with the exception of the acquisition of agricultural and forestry real estate – for a period of 12 years from the date of Poland’s accession to the EU or the acquisition of a second home – for a period of 5 years from the date Poland’s accession to the EU.6… The law provides for exceptions to the aforementioned time limits.7

However, the exceptions mentioned in the Law do not apply to real estate located in the border zone and agricultural land with an area of ​​more than 1 hectare.eight

Permanent residence

In the above context, it should be noted that there is no legal definition of permanent residence in Polish law. It can be added that its provision “is the result of establishing ties with Poland and has far-reaching consequences for the legal status of the foreigner, as it makes him / her equal to Polish citizens in many respects.”nine The presence of a permanent place of residence is also a circumstance confirming the relationship of a foreigner with Poland in the case of an application for a permit to purchase real estate.10

It directly follows from the provisions of the Law on Foreigners that permanent residence can be granted only at the request of a foreigner for an indefinite period.eleven… The permit is issued by an administrative decision.12… However, this decision can be revoked in cases provided by the Law.13… Due to the fact that the Aliens Act does not specify a time limit for a decision to revoke a permanent residence permit, it seems that Article 156 of the Administrative Procedure Code applies, i.e. revocation (invalidation) can take place within 10 years. from the date of delivery or publication of the decision. Thus, it should be assumed that the foreigner’s permanent residence remains suspended for 10 years.

The Aliens Act lists categories of persons with certain characteristics who can be granted a permanent residence permit. Thus, a person who can apply for a permit with a chance of a positive result is a foreigner who:

  • is the child of a foreigner who has been granted a permanent residence permit or a residence permit for a long-term resident of the EU and is in the custody of parents:

Ø was born after the foreigner obtained a permanent residence permit or a residence permit for a long-term EU residentfourteen, or

Ø was born during the period of validity of the temporary residence permit issued to this foreigner, or during the period of stay of this foreigner in Poland on the basis of a residence permit for humanitarian reasons or a permit for permitted stay or in connection with granting him / her refugee status or subsidiary protectionfifteen, or

  • is a child of a Polish citizen in parental caresixteen, or
  • is a person of Polish origin and intends to settle in Poland for permanent residence17, or
  • is married to a Polish citizen, the marriage is recognized by Polish law, was married for at least 3 years prior to the date of application for a permanent residence permit, and immediately prior to the submission of the relevant application, he / she lived in Poland continuously for a period of at least 2 years on the basis of a temporary residence permit issued in connection with marriage with this Polish citizen or in connection with obtaining refugee status, subsidiary protection or consent to stay for humanitarian reasons.eighteen, or
  • is a victim of human trafficking within the meaning of Article 115 § 22 of the Criminal Code, and

Ø lived in Poland immediately before applying for a permanent residence permit for at least 1 year on the basis of a temporary residence permit for victims of human trafficking,

Ø cooperated with law enforcement authorities in criminal proceedings on trafficking in persons (part 1 of Article 189a of the Criminal Code),

Ø has a well-founded fear of being returned to the country of originnineteen, or

  • immediately before applying for a permanent residence permit, he / she has permanently resided in Poland for a period not less than:

Ø 5 years in connection with granting him / her refugee status, granting subsidiary protection or on the basis of consent to stay for humanitarian reasonstwenty, or

Ø 10 years on the basis of a permitted residence permit, or

Ø 4 years on the basis of a temporary residence permit and a work permit issued in connection with the performance of work in a profession desirable for the Polish economy, and has a stable and regular source of income sufficient to cover the cost of living for himself and his / her dependents family members21 years old, or

  • received asylum in Poland22, or
  • has a valid Pole card and intends to reside permanently in Poland23

Residence permit for long-term EU resident

The 2013 Aliens Law states that a residence permit for a long-term resident of the EU can be granted to a foreigner for an indefinite period at his / her request, if he / she is legally in Poland and continuously for at least 5 years immediately prior to the application. … The foreigner must additionally fulfill all of the following conditions:

  • have a source of stable and regular income sufficient to cover the cost of living for yourself and your dependent family members,
  • have health insurance within the meaning of the Act of 27 August 2004 on publicly financed medical services, or confirmation that the insurer covers the costs of medical treatment in Poland,
  • speak Polish, and this knowledge must be documented24

[ad_2]

Source link