Purchasing property in Poland and obtaining residence permit.
Recently, we obtained very interesting legal query:
Is it true that foreigner may also obtain the Polish Temporary Residence Permit which will be issued by the Polish immigration authorities either for one of three years when they buy a property in Poland?
Moreover, our client heard that on the basis of specific provision of Polish Act on Foreigners (art. 187 point 8) it is possible.
Upon Polish Act on Foreigners- art. 187 point 8:
A permit for temporary stay due to other circumstances shall be granted to a foreigner if he/she proves that there are circumstances other than those specified in subparagraphs 1 to 7, Chapters 2 to 10 and Article 186, paragraph 1, which justify his/her stay in the territory of the Republic of Poland.
As you can see, the above mentioned paragraph is very general. It stipulates that residence permit in Poland may be obtained if there are other circumstances that those which are stipulated in subparagraph 1 to 7.
These “other cirumstances” has to be justified and evaluated in specific situation. However, such situation is not purchasing or owning real estate in Poland. These are extraordinary situations. The best example of such circumstances is family reunification with minor.
On the other hand, there is not anywhere in Polish Act on Foreigners provision which entitles foreigner to receive residence permit upon purchasing or owning real estate in Poland.
The most popular, and to be honest with you the one and only way to obtain residence permit in Poland in most situation is business residence permit on basis of forming company in Poland