Temporary and permanent residence permit based on marriage
TEMPORARY RESIDENCE PERMIT
The temporary residence permit for family members of a citizen of the republic of poland is granted:
- to a foreigner being a spouse of such a citizen;
- minor children of the spouse of a Polish citizen who has a temporary residence permit for a family member of a Polish citizen or a permanent residence permit granted in connection with being married to that citizen.
Note! Another permit of this type will be granted to the foreigner indicated above (once for a period not longer than 3 years) in the case of:
- a divorce or separation when it is justified by their important interest, or
- widowhood or
- death of a parent of a minor child when it is in the important interest of that child.
This permit is also granted if the foreigner is:
- a child of a Polish citizen or their spouse who is under the age of 21 or who is dependent on a Polish citizen or their spouse, or
- a parent of a Polish citizen or their spouse who is dependent on a Polish citizen or their spouse, if the Polish citizen resides on the territory of the Republic of Poland and regularly moves from this territory to the territory of another EU Member State in order to perform work on the territory of that country, and no such permit would prevent him from exercising the free movement of workers.
In the case referred to above, a temporary residence permit is granted for a period of up to 1 year.
Note! This permit may also be granted to other family members of a Polish citizen, if they reside in Poland:
- due to financial dependence on them or staying with them in the household, in the country from which the foreigner came or
- due to serious health reasons requiring the personal care of that citizen.
Submitting the application is also possible in the case of people who share their family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms with a Polish citizen residing in Poland, with whom they stay together in the territory.
In the case of a temporary residence for for family members of a Polish citizen (spouse), in addition to the basic documents referred to in the TEMPORARY RESIDENCE - GENERAL INFORMATION tab, the foreigner must also submit:
- in the case of a spouse:
- a current copy of the marriage certificate (issued no earlier than 3 months before submitting the application);
- a copy of the spouse's ID card (original available for inspection);
- documents confirming living together and running a common household, including, for example, joint photos, a joint rental agreement or a deed of ownership of a common house / flat;
- in the case of a child:
- the child's birth certificate;
- documents confirming that the parent who is married to a Polish citizen has a temporary or permanent residence permit.
A foreigner who is a family member of a Polish citizen (a spouse, a minor child of a Polish citizen's spouse) does not have to show, when applying for a temporary residence permit, their health insurance, nor a stable and regular source of income or a place of residence provided in Poland. It does not have to be demonstrated by the Polish citizen with whom the foreigner is staying in Poland.
Note! The above list cannot be considered complete. The set of documents necessary to obtain a temporary residence permit for family members of a Polish citizen may differ due to the given foreigner's situation and the office where the foreigner applies for the permanent residence permit.
REFUSAL OF PERMIT
Apart from the basic grounds for refusal to issue a temporary residence permit, the Voivode will refuse to grant a permit in the case of a foreigner married to a citizen of the Republic of Poland also when the marriage was concluded in order to circumvent law provisions.
Note! In the proceedings for granting a temporary residence permit, the body conducting the proceedings is obliged to determine whether the marriage was concluded in order to circumvent law provisions. In the event of the need for clarifying or detailing the proof held by the authority in the case during the proceedings, the foreigner may be requested to provide additional documents or to testify confirming the circumstances indicated in the application.
PERMANENT RESIDENCE PERMIT
This permit may be granted to a foreigner who:
- has been married and the marriage has been recognized by the law of the Republic of Poland with a Polish citizen for at least 3 years before the date on which they submitted the application for a permanent residence permit, and
- immediately before submitting this application, they have been staying continuously on the territory of the Republic of Poland for a period of at least 2 years on the basis of a temporary residence permit granted in connection with being married to a Polish citizen or in connection with obtaining refugee status, subsidiary protection or residence permit for humanitarian reasons.
Note! A permanent residence permit may be withdrawn if the foreigner divorced within 2 years from the date on which they were granted a permanent residence permit.
Detailed information on the permanent residence permit is available in the PERMANENT STAY tab.
POSSIBILITY OF WORK
A foreigner who has a permanent residence permit is entitled to work on the territory of the Republic of Poland without the need for a work permit.
A foreigner who is married to a Polish citizen and has a valid temporary residence decision issued due to the marriage may also perform work without the need for a work permit.
In both cases, the residence card contains the annotation "access to the labour market".