Regular and stable income in proceedings for obtaining EU long-term resident status

Many foreigners strive to obtain EU long-term resident status in our country. This status grants them far greater rights than a temporary residence permit. Above all, long-term resident status is granted for an indefinite period and may be revoked only in exceptional and strictly defined cases. In contrast, a temporary residence permit is issued for a fixed period, usually from one to three years, after which the entire application procedure must be repeated from the beginning.

Moreover, long-term resident status allows employment in Poland without the need to obtain a separate work permit, as well as the possibility to run a business. It also provides the prospect of obtaining Polish citizenship more quickly.

However, to acquire EU long-term resident status, several conditions must be met, including three basic ones:

• 5 years of uninterrupted and legal residence in Poland,
• confirmed knowledge of the Polish language,
• possession, for at least 3 years immediately preceding the application, of a source of stable and regular income.

At this point, I will focus on the last requirement. The regulations in this area are not very clear. What exactly is meant by a “source of stable and regular income”? The provisions refer to regulations defining the amount of monthly income. According to Article 140(2) of the Act on Foreigners, the amount of monthly income should be higher than the income threshold entitling a person to social assistance. If this condition is met, the income earned by the foreigner is legally defined as sufficient to cover their living expenses.

Thus, we have a definition and explanation of what constitutes income sufficient for a foreigner’s maintenance. However, the regulations still do not explain what is meant by a “source of stable and regular” income. If the legislator intended that a foreigner must receive income exceeding the social minimum in every single month during the 3 years preceding the application, such a requirement would undoubtedly have been explicitly stated in the law. Instead, the legislator uses the concept of a source of stable and regular income.

Regularity implies some form of repetition—most commonly at monthly intervals, but not exclusively. Income may also be received at other regular intervals, such as weekly or quarterly, as long as it is consistent. Stability, on the other hand, is closely linked to regularity, since it is difficult to consider something stable yet irregular. In this context, however, stability refers less to timing and more to the amount of income. The amount should not fluctuate excessively during the assessed period. Stability does not mean the income must be identical each time—it must simply fall within a certain range that can objectively be considered stable.

Consequently, the income earned by a foreigner during the 3 years immediately preceding the application does not have to be received monthly, nor does it have to exceed the social minimum every single month. What matters is that throughout this entire period it demonstrates stability and regularity, and that, when averaged, it exceeds the social minimum on a monthly basis.

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