Persons conducting family life with a Polish citizen as defined by the European Convention on Human Rights

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 – a family life with the Polish citizen

Legal basis – Act of 12 December 2013 on foreigners – Article 160 (3) of Act – along with executive acts

To whom and for how long may be granted

A foreigner leading a family life as defined by the European Convention for Protection of Human Rights and Fundamental Freedoms with living on the territory of the Republic of Poland Polish citizen, with whom they stay together at this territory.

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. Documents in order to certify a permanent and regular source of income sufficient to cover the subsistence costs for oneself and dependant people (for a person managing alone – in the amount higher than PLN 634 net monthly, for a person in the family – in the amount higher than PLN 514 net monthly, e.g. PIT declaration concerning the amount of income of a foreigner for the last tax year or an appropriate certificate from the Social Insurance Institution (ZUS);
  2. Documents certifying having health insurance as defined by the Act of 27 August 2004 on health care services financed from the public funds or confirmation of the insurer covering the costs of medical treatment on the territory of the Republic of Poland;
  3. A copy of an ID of a Polish citizen (original available for inspection);
  4. Documents proving running a family life.

Note: The requirement to have a permanent and regular source of income is deemed met also when subsistence costs of a foreigner are covered by a family member obliged to maintain them, who lives on the territory of the Republic of Poland.

Note: In the procedure on granting a temporary residence permit, the authority that conducts the procedure is obliged to determine in particular, whether the bonds of this foreigner with the Polish citizen, are real and permanent. When it is necessary to explain or particularise the evidence owned by the authority during the proceedings, the foreigner may be called provide other documents or to testify to confirming the circumstances referred to in the application.

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

The foreigner who gets temporary residence permit, has an obligation to notify the voivode who granted this residence permit within 15 working days, on cessation of the reason for granting this permit. If the permit was granted by the Head of the Office for Foreigners in the second instance, the notification is addressed to the voivode, who ruled on the granting of this permit in the first instance. Failure to fulfil this obligation may result in refusal to grant another temporary residence permit, if the application for another temporary residence permit was made before the end of the year from the end of the validity period of the previous permit or from the date on which the decision to withdraw the temporary residence permit has become final.

Entitlement to work

This permit does not grant the right to work on the territory Poland. In order to employ it is necessary to obtain the work permit, unless it is not required.

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.