Stały pobyt and a child: how to get the status

A child whose parent already holds stały pobyt or EU long-term resident status in Poland has two different routes to their own status, and the two are not interchangeable. If the child was born in Poland after the parent got that status, Article 195 of the Act on Foreigners lets you apply for stały pobyt for the child directly, with no qualifying period. If the child was born earlier and lives abroad, the direct route does not apply: a temporary residence permit for family reunification comes first, and only then can the child apply for a permanent status of their own.

A child born in Poland: the direct route

Article 195(1) of the Act on Foreigners spells out the condition: a foreigner's child who is a minor under their parental authority can get stały pobyt on their own, if the parent already holds stały pobyt or EU long-term resident status, and the child was born either after the parent got that status, or during the parent's earlier temporary residence permit, refugee status, subsidiary protection, or consent to stay on humanitarian grounds.

In practice this means: if you already hold stały pobyt and a child is born in Poland, there is no separate qualifying period for that child. The application is filed by the parents, one of them, or a court-appointed guardian; the child does not sign it. What the application needs is a copy of the birth certificate, a copy of the parent's decision, and a digital photo of the child.

A child abroad: family reunification

If the child was born before the parent's permanent status was granted, or has lived abroad the whole time, the direct route under Article 195 does not apply, since the timing condition is not met. A different mechanism covers this: a temporary residence permit for family reunification under Article 159 of the Act on Foreigners.

The parent in Poland acts as sponsor and has to show a stable income, health insurance, and suitable housing. Income is usually checked against the threshold in the social-assistance law, which for 2026 is 823 PLN net per month per family member. The application for a minor is filed by the parents or one of them; if the child has already turned six by the time it is filed, their personal presence is usually required. If the child is still abroad at that point, a visa is needed to enter Poland once the permit is approved, and the residence card itself is issued after arrival.

This permit is temporary, but time spent on it counts toward the child's own qualifying period, and after a few years they can apply for stały pobyt in their own name, under the same general rules that apply to adults.

A worked example

Dmytro has held stały pobyt since 2023. His daughter Sonia was born in Warsaw in 2025. Because she was born after her father already had the status, an application for stały pobyt could be filed for her directly: Dmytro signed it as her parent, attaching her birth certificate and a copy of his own decision. No separate residence period was required for Sonia.

His sister Anna is in a different position. Her son Maksym was born in 2019, before the family moved to Poland, and still lives with his grandmother in Ukraine. Anna was granted stały pobyt in 2024. Article 195 does not apply to Maksym, since he was born long before his mother had a permanent status. Anna files for a family reunification permit instead: she proves income and housing, gets the decision, arranges a visa for Maksym to enter Poland, and files for his residence card once he arrives. Several years of his own residence in the country will pass before he can apply for stały pobyt in his own right.

What comes next

How the 6/10 continuity rule applies to anyone still building up a qualifying period, including a child on a temporary family reunification permit, is covered in stały pobyt and the 6/10 absence rule. The full list of what stały pobyt gives you is in what stały pobyt actually gives you. If the family plans a move to another EU country, the difference with EU long-term resident status is covered in stały pobyt versus EU long-term resident.

While the child's qualifying period is still running, the free 90/180 calculator tracks trip days on your own device.

Verified: August 2026. This is general information, not legal advice. Conditions for a child's stały pobyt and their official interpretation can change; for your specific situation, consult UDSC (Urząd do Spraw Cudzoziemców) or an immigration lawyer in Poland.