Pomoc dla niepełnosprawnych

Change font size

Residence with family

Who can submitt an application?

GENERAL INFORMATION:

 

  • The list of persons authorized to perform work in Poland can be found at: Click

The legal basis on which a decision has been issued is always given in its contents.

  • In the case of a foreigner who is a minor, the application for granting them a temporary residence permit is submitted by parents or by guardians appointed by the court or by a parent or by a guardian appointed by the court. This application cannot be submitted by a statutory representative appointed by parents when they are abroad themselves.
  • When submitting an application for a temporary residence permit to a foreigner who is a minor who has turned 6 years old at the date of submitting the application, their presence is required. The obligation of being fingerprinted does not apply to foreigners who have not turned 6 years old at the date of submitting the application. The above does not apply to the situation when an application for a residence permit for a child living abroad is submitted by parents already staying in Poland under the rules described earlier. Then, the presence of a child who has turned 6 years old will be required when submitting an application for a residence card after their arrival in Poland.
  • A foreigner collects a residence card in person. In the case of minors who have not turned 13 years old till the date of collecting it, the card is collected by their parent, custodian or statutory representative. However, a minor must stay on the territory of the Republic of Poland at the time of collecting the card.

A temporary residence permit for the purpose of family reunion may also be granted to a direct ascendant or an adult responsible for a minor foreigner who has been granted the refugee status or subsidiary protection, staying without care on the territory of the Republic of Poland.

DETAILED INFORMATION FOR DIFFERENT TYPES OF FOREIGNERS:

 

1. The spouse or minor child of a foreigner

 

The spouse, the minor child of a foreigner or their spouse may be granted a residence permit in Poland, if they reside in Poland on the basis of one of the following titles of residence:

  1. a permanent residence permit,
  2. the residence permit of a long-term EU resident,
  3. in connection with granting them the refugee status,
  4. in connection with granting them subsidiary protection,
  5. at least for the period of 2 years on the basis of further temporary residence permits including immediately before submitting an application for a temporary residence permit for a family member - on the basis of a permit granted to them for the period of a stay not shorter than 1 year,
  6. on the basis of a temporary residence permit for the purpose of conducting scientific research,
  7. on the basis of a temporary residence permit granted for the purpose of conducting scientific research, when a foreigner has a residence permit mentioned in art. 1 par. 2 letter a of the Council Regulation No. 1030/2002, bearing the annotation "a scientist," issued by another member State of the European Union, if an agreement on the acceptance of a foreigner for the purpose of implementing a research project concluded with a competent research unit of this state provides for conducting scientific research also on the territory of the Republic of Poland,
  8. on the basis of a temporary residence permit for the purpose of performing work in a profession requiring high qualifications,
  9. on the basis of a temporary residence permit to perform work as part of an internal company  transfer,
  10. on the basis of a temporary residence permit granted for the purpose of using long-term mobility,
  11. in connection with granting a residence permit for humanitarian reasons.

 

A temporary residence permit is granted for the period necessary to achieve the purpose of a foreigner’s stay on the territory of the Republic of Poland for the period exceeding 3 months to 3 years with the possibility of applying for further permits.

This permit entitles the spouse of a foreigner to perform work without the need of possessing  an additional document entitling a foreigner to perform work in the form of a work permit. The annotation "access to the labour market" is placed in the residence card issued in connection with granting a temporary residence permit to a foreigner.

 

Note:

If a foreigner stays outside the Republic of Poland, an application for granting a temporary residence permit for family reunion is submitted by a foreigner (spouse or parent) residing in Poland to whom their family member arrives. Submitting an application by a foreigner’s family member requires their written consent or the consent of their statutory representative, unless the applicant is their statutory representative. Expressing such a consent is tantamount to granting the foreigner residing on the territory of Poland the power of attorney to act on behalf of the family member in given proceedings.

The presence of the aforementioned family members will be mandatory after issuing the decision on granting a temporary residence permit, when applying for a residence card in order to be  fingerprinted. On the basis of the residence permit received, the family members of a foreigner staying in Poland can obtain visas in the country of origin, allowing them to arrive.

 

One may submit an application for a permanent residence permit for the child of a foreigner who has been granted a permanent residence permit or a residence permit of a long-term EU resident remaining  under their parental authority and has been born after granting this permit to the parent. Detailed information: Click.

 

A temporary residence permit due to the so-called other circumstances for a foreigner’s family members and persons living family life with them

 

If a foreigner residing in Poland or their family member residing in Poland does not meet the aforementioned requirements, one can submit an application for a temporary residence permit due to the so-called other circumstances. The foreigner to whom the application relates must be staying in Poland at the time of its submission.

This permit does not grant the right to work on the territory of Poland. In order to take up employment, one must also obtain a work permit, unless it is not required.

 

A temporary residence permit for a foreigner’s child born during the period of the validity of a national visa or a temporary residence permit possessed by them.

 

This applies to the minor child of a foreigner who stays on the territory of the Republic of Poland on the basis of a national visa or a temporary residence permit, if the child has been born during the period of the validity of this national visa or temporary residence permit.

A temporary residence permit is granted, if the circumstances which form the basis for applying for this permit justify a foreigner’s stay on the territory of the Republic of Poland for the period longer than 3 months.

A temporary residence permit is granted for the period to the date on which the validity of the national visa or the temporary residence period granted to the statutory representative of the child expires.

In the case of a foreigner who is a minor, the application for granting them a temporary residence permit is submitted by parents or guardians appointed by the court or by a parent or by a guardian appointed by the court. The application must be submitted without unnecessary delay after the birth of a child, but after obtaining a passport by them.

 

 

2. The spouse of a Polish citizen and their minor child:

 

This applies to:

  • a foreigner who is the spouse of a Polish citizen;
  • the minor children of the spouse of a Polish citizen who has a temporary residence permit for the family member of a Polish citizen or a permanent residence permit granted in connection with being in a matrimony  with a Polish citizen.

A temporary residence permit is granted for the period necessary to achieve the purpose of a foreigner’s stay on the territory of the Republic of Poland exceeding 3 months to 3 years with the possibility of applying for further permits.

A residence permit granted to a foreigner, the spouse of a Polish citizen, entitles them to perform work without the need of possessing an additional work permit. The annotation "access to the labour market" is placed in the residence card issued in connection with granting this permit to a foreigner.

 

NOTE!

For the child of a Polish citizen remaining under their parental authority, one can apply for granting  a permanent residence permit: Click

The spouse of a Polish citizen who has been married to them for at least 3 years and who has stayed for at least 2 years under a temporary residence permit may also be granted a permanent residence permit. Detailed information: Click.

 Other family members of a Polish citizen and persons living family life with them

 A temporary residence permit may also be granted to the family members of a Polish citizen other  than the spouse or a minor stepchild, if they reside in Poland

- due to financial dependence on them or remaining in the common household with them in the country from which the foreigner has come from, or

- for serious health reasons that require personal care on the part of this citizen.

An application for granting the permit may also be submitted by a foreigner who lives a family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms with a Polish citizen residing on the territory of the Republic of Poland, with whom they stay together on this territory.

 A temporary residence permit is granted for the period necessary to achieve the purpose of a foreigner’s stay on the territory of the Republic of Poland exceeding 3 months to 3 years with the possibility of applying for further permits.

This permit does not grant the right to work on the territory of the Republic of Poland. In order to take up employment, one must also obtain a work permit, unless it is not required.

 

3. Persons living family life with a EU/EEA/Swiss citizen

 

NOTE!

This procedure does not apply to:

a) the spouse of a EU/EEA/Swiss citizen,

b) the direct descendant of the EU/EEA/Swiss citizen or their spouse up to 21 years of age or remaining on this citizen or their  spouse,

c) the direct ascendant of the EU/EEA/Swiss citizen or their spouse being dependent on this citizen or their spouse.

They register their stay under the rules described on the website: Click

 

An application for a temporary residence permit may be submitted by a foreigner living family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms with the citizen of the EU, Norway, Iceland, Liechtenstein or Switzerland residing on the territory of the Republic of Poland with whom a foreigner stays on that territory.

 

A temporary residence permit is granted, if the circumstances forming the basis for applying for this permit justify the stay of a foreigner on the territory of the Republic of Poland for the period longer than 3 months.

A temporary residence permit is granted for the period necessary to achieve the purpose of a foreigner’s stay on the territory of Poland exceeding 3 months to 3 years with the possibility of applying for further permits.

This permit does not grant the right to work on the territory of Poland. In order to take up employment, one must also obtain a work permit, unless it is not required.

 

Podziel / Share
Published by Marcin Olechowski, 06.08.2019, Number of hits: 357, Change Log