Exceptional temporary residence to protect family life during irregular stay

The exercise of this right is understood broadly - it concerns genuine, stable, and close personal ties (including legal or biological ones) characterized by mutual interest, affection, and interdependence; however, not every relationship between two people is recognized as family life within the meaning of the Convention and justifies the necessity of the foreigner’s stay in Poland. Simply being in a relationship (dating) is not considered to constitute family life under the aforementioned Convention.

The foreigner leads a family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freetoms with a Polish citizen or a foreigner/stateless person residing in Poland

The foreigner is a third-country national or stateless person, and at the time of applying for this matter is illegally staying in the territory of Poland.

The foreigner leads a family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freetoms with a Polish citizen or a foreigner/stateless person residing in Poland

It is exclusively a foreigner.

Neither the Aliens Act nor any other act provides a closed catalogue of documents on the basis of which it can be established that a foreigner has a family life that is subject to the protection of the Convention, and each case is subject to an individual, in-depth assessment.

confirming cohabitation during the period prior to the application for a permit; confirming the maintenance of face-to-face, telephone or e-mail contacts; witness statements or written declarations; confirming a marriage or the registration of a partnership; confirming that they have common offspring;

copy of the identity card or passport of a family member residing in Poland. if the family member is a foreigner – also a copy of the tocument constituting the basis of his/her stay in Poland

If the case concerns a foreigner who, together with his or her family, does not face significant obstacles to return to the country of origin (e.g. the spouse is in Poland only temporarily and the children are young enough or have been in Poland for a short period of time) or if it concerns an adult foreigner who invokes the residence in Poland of his or her parent, it is likely that such a permit will not be granted.

The permit is granted in exceptional circumstances; therefore, to obtain it, the foreign national does not need to demonstrate that they meet additional requirements, such as those related to having sufficient income.

Submitting an application to the MOS from abroad is not permitted. The application must be submitted while staying in Poland—only in cases where the stay is illegal and necessary.

the provincial governor competent for the foreigner’s place of residence;

Stamp duty 340 PLN

the period necessary to achieve the purpose of stay—up to 3 years.

A foreign national staying in Poland under this permit may not apply for it again. In order to continue legal residence, before the permit expires, the foreigner should apply for a temporary residence permit for another purpose (e.g., work), a permanent residence permit, or an EU long-term resident permit.

⇒ You may also cross the internal borders of the Schengen area and stay in other Schengen countries for a period of 90 days in any 180-day period, provided that you comply with the entry and stay requirements.

⇒ As a general rule, in order to work in Poland you must have a valid work permit or, if you are a citizen of Ukraine, Belarus, Armenia or Moldova, a declaration on the assignment of work to a foreigner.