A spouse and a minor child-in-law of a Polish citizen

This information does not constitute source of law. Authors were duly diligent to make this information consistent with applicable legal regulations. It is good to remember that it concerns typical and frequent cases and may not fully refer to different matters. The number and the type of documents which may be necessary for administrative bodies throughout the procedure may vary depending on the specific case. In the case of any doubts contact competent authority for examination the individual case and become familiar with legal regulations on their own.

Temporary residence permit for the family member of Polish citizen

Legal basis – Act of 12 December 2013 on foreigners – Article 158 of Act-along with executive acts

To whom and for how long may be granted

A foreigner who is a spouse of a Polish citizen, and minor children of a spouse of a Polish citizen who holds temporary residence permit for a Polish citizen’s family member or a permanent residence permit granted in connection with remaining married to a Polish citizen.

Temporary residence permits shall be granted if circumstances which are the basis to apply for this permit justify the residence on the territory of the Republic of Poland for a longer period than 3 months.

Temporary residence permit is granted for a period which is necessary to complete the object of this residence on the territory of Poland longer than 3 months to 3 years, with the possibility to apply for subsequent permits.

Where and when submit the application

The foreigner makes the application personally, no later than on the last day of the lawful residence on the territory of the Republic of Poland to the voivode competent with regard to the foreigner’s place of residence.

During making the application the foreigner is under obligation to give his/her fingerprints.

In the case of the foreigner who is a minor, application for temporary residence permit is made by parents or appointed court guardians or one of parents or one of the appointed court guardians.

During making the application for temporary residence permit in the case of the foreigner who is a minor, and is under the age of 6, his/her presence is not required.

Fees related to residence permit:

Stamp duty PLN 340
Fee for residence card PLN 50

A minor foreigner who, by the date of submitting an application for a temporary residence permit, is under the age of 16, is entitled to a discount in the fee for issuing a residence card in the amount of PLN 25.

Necessary documents:

  1. Completed form of the application for temporary residence permit, in accordance with information;
  2. 4 up-to-date photographs;
  3. Photocopy of a valid travel document (original available for inspection), in particularly justified case if the foreigner does not have a valid travel document and it is not possible to obtain such document, may present another document which confirms his/her identity.

Note: Lack of any of the aforementioned documents will result in margin call within 7 days from its delivery, under pain of leaving the application without examination.

Standard documents necessary for examination of the application:

Note: Documents listed below attached to the application may reduce the quantity of official correspondence and shorten the time which is necessary to handle the case.

  1. Current copy of marital status;
  2. Copy of the identity card of a Polish citizen (original available for inspection)

Note: In the procedure for granting a temporary residence permit the authority that conducts the proceedings is obliged to determine whether the marriage was concluded in order to circumvent the rules and conditions for entering foreigners into the territory of the Republic of Poland, their passage through that territory, residing in it, and leaving it.

In the case of explanations or particularization of evidences during proceedings the foreigner may be called to deliver other documents or to submit testimonies which confirm circumstances referred to in the application and circumstances concerning the purpose of marriage.

Residential status following the application

If the application for temporary residence permit was made during the foreigner’s lawful residence and this application did not contain formal defects or these defects were supplemented within the time limit, the voivode stamps the travel document which confirms registration of the application. Residence of the foreigner is deemed to be legal from the date of submission the application until the date when the decision on temporary residence permit becomes final.

Note: Stamp in the travel document does not entitle the foreigner to travel through territories of other countries of Schengen area, while the foreigner may travel to the country of origin, however, in order to return to Poland he/she must obtain a visa, if he/she comes from the country which is subject to the visa obligation.

Time to handle the case

The residence permit decision takes place no earlier than after 1 month prior to initiation of the procedure.

The document issued after granting this permit

The foreigner who obtains temporary residence permit on the territory of Poland will be issued with the residence card. This document is issued ex officio by the voivode who granted the residence permit.

Residence card in the period of its validity confirms the foreigner’s identity during his/her residence on the territory of the Republic of Poland and entitles him/her, along with the travel document, to multiple crossing of the border without the need to obtain the visa.

This document should be collected personally. In the case when the residence card was issued to the foreigner aged less than 13 this card is issued to his/her statutory representative or guardian.

Information obligations related to the residence permit

A foreigner who has been granted a temporary residence permit is obliged to notify within 15 working days the voivode who granted the permit on the cessation of the reason for granting the permit. If the temporary residence permit was granted by the Head of the Office for Foreigners in the second instance the aforementioned notification is addressed to the voivode who ruled on the granting of this permit in the first instance. Failure to comply with this obligation may result in the refusal to grant subsequent temporary residence permit if the application for another temporary residence permit has been submitted within one year of the expiry of the previous permit or from the day when the decision to withdraw the temporary residence permit has become final.

Entitlement to work

This permit entitles to perform work without additional document which authorizes the foreigner to perform work in the form of the work permit. The residence card, granted in connection with this permit includes a note “access to the labour market”.

Obligation to leave Poland after refusal or withdrawal of the permit

The foreigner is obliged to leave the territory of the Republic of Poland within 30 days from the day when the decision on refusal to grant the temporary residence permit or the decision to withdraw the permit became final and in the case the decision was issued by a superior body, from the day when the final decision was delivered to the foreigner, unless he/she is authorized to reside on the territory of Poland on a different basis.