Homepage Arrival and stay in Poland of a family member Temporary residence permit for family members of a Polish citizen

Temporary residence permit for family members of a Polish citizenPrint

According to the procedure for granting a temporary residence permit for family members of a Polish citizen, a family member is:

  1. a foreigner (spouse) in matrimony under the Polish law, and
  2. minor (i.e. under the age of 18) children of a foreigner - (including adopted children) and spouse of a Polish citizen with a temporary residence permit issued to him as a family member of a  Polish citizen.

More information about who is considered a family member is available here ->

Also, a foreigner who was a family member of a Polish citizen until:

  • divorce or legal separation (if the divorced spouse demonstrates the grounds of important interest)
  • the foreigner’s widowhood,
  • the death of a parent of the minor child referred to in point 2 above, when it is in the best interest of the child

may receive another temporary residence permit as a family member of a Polish citizen. In such cases, a permit is granted only once for a period not longer than three years.

The Voivode may also grant a residence permit to a family member in the case of cohabiting (non-married couples) relationships, but the foreigner must prove that he:

  • has a family life with a Polish citizen,
  • has health insurance valid on Polish territory,
  • has a regular and stable source of income.

Moreover, the Voivode may grant a temporary residence permit to a foreigner related to a Polish citizen in a different manner (e.g. cousin, parent) in cases other than those indicated above in the event of:

  1. financial dependancy on a Polish citizen or jointly occupying a household with a Polish citizen in the foreign national's country of origin, or
  2. existence of serious health grounds which require the personal care of a Polish citizen.

In this case, the foreigner must also prove:

  • possession of health insurance valid on Polish territory,
  • possession of a regular and stable source of income.

More information and examples regarding the principles of family reunification can be found here ->

Permit granting procedure

A temporary residence permit for a family member of a Polish citizen is issued by the Voivode competent for the place of residence of the foreigner.

The addresses of Voivodship Offices are available here ->

Note: An application for a temporary residence permit can only be submitted in Poland in person by the foreigner. There is no possibility of applying for a permit abroad at Polish consulates.

Documents necessary for submission of an application:

in case of a spouse of a Polish citizen, the following documents:

  • a certified copy of a marriage certificate issued not earlier than 3 months before the application is submitted;
  • a copy of the spouse's national identification document, along with the original for verification.

in case of a minor child:

  • the child's birth certificate;
  • consent of those exercising parental custody over the minor foreigner submitting the residence permit application;
  • documents confirming the possession of a temporary residence permit by the parent-foreigner married to a Polish citizen.  

All the above documents should be:

  • submitted in the original in Polish, or as copies with originals presented for verification;
  • in the case of documents originally drawn up in a foreign language - translated into Polish by a sworn translator. 

Note: A foreigner-family member of a Polish citizen (a spouse, a minor child) does not need to demonstrate the possession of health insurance, nor of a stable and regular source of income or a place of residence in Poland when applying for a permit for temporary residence. A Polish citizen with whom the foreigner is to be reunited is also not obliged to present proof of the above.

A decision on granting a temporary residence permit should be issued within 1 month of the submission of the documents. In certain cases, this period may be extended by the Voivode.

Note: A foreigner-spouse of a Polish citizen cannot be refused a residence permit on grounds that his stay in Poland is undocumented. When the foreigner's personal data appear in the Schengen Information System register due to a refusal of entry, in certain cases (such as for humanitarian reasons) it is possible to grant him a temporary residence permit for the purpose of reunification with a Polish citizen.

A temporary residence permit based on family reunification is issued for a maximum duration of 3 years. 

Appeals procedure

A foreigner dissatisfied with a decision made by the Voivode has the right to appeal against it to the Director of the Office for Foreigners in Warsaw. The written appeal must be submitted within 14 days of receipt of the decision in question.

A foreigner may also appeal a decision of the Director of the Office for Foreigners to an administrative court within 30 days of receipt of the decision.

Note: Appealing the decision at an administrative court does not legalise the foreigner's stay. This means that a foreigner who does not have another valid document authorizing the  stay in Poland must leave Polish territory.

Fees and charges

  • 340 PLN – stamp duty for commencement of proceedings to grant a residence permit, payable at the moment of submission of the application;
  • 50 PLN – fee for issuance of a residence permit payable at the moment of receipt of a positive decision (residence card template).

A residence card may only be received in person. The foreigner's fingerprints are taken for the purpose of issuing the residence card. 

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