Temporary residence based on protected family life with a Polish citizen

Granting this permit entitles the holder to reside in Poland in the context of an informal relationship, a civil partnership, or a marriage entered into in accordance with the law of the foreigner’s country of origin or permanent residence, which is not recognized by Polish law. A prerequisite for granting the permit is demonstrating the existence of close personal ties between the partners, similar to marital ties. These ties must be genuine and lasting.

third-country nationals and stateless persons who lead a family life, within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms, drawn up in Rome on November 4, 1950, with citizens of the Republic of Poland residing in Poland, and who at the same time do not belong to the category of foreigners enjoying, as family members, the freedom of movement within the EU.

In this regard, present evidence such as: copy of the identity card or passport of the Polish citizen you intend to join or with whom you intend to continue residing in Poland; declaration of the Polish citizen (partner) on residing in Poland with the address indicated; evidence of family life, e.g. confirming common residence in the period preceding the submission of the application for a permit; confirming maintenance of direct, telephone or email contacts; testimony or written witness statements; confirming the conclusion of a marriage or the registration of a civil partnership; confirming having common offspring; any other kind of tocuments useful in making the above determinations.

Neither the Foreigners Act nor any other act provides a closed list of tocuments on the basis of which it can be determined (second occurrence) The body of evidence includes wszelkie supporting tocuments istnienie rzeczywistych (i.e. actual, not merely declared) and permanent and close personal tiescharacterised by mutual interest, attachment and dependence, corresponding to marital bonds.

+ the foreigner has health insurance; - within the meaning of the Act of 27 August 2004 on healthcare services financed from public funds or confirmation of the insurer covering the costs of medical treatment in the territory of the Republic of Poland;

The foreigner has source of stable and regular income (thus characterised by relative permanence and continuity), which is sufficient to cover the costs of living themselves and family members remaining in their care. Required income level 1,010 PLN per month – if you have no dependents; 823 PLN per month – for yourself and for each family member who is dependent on you, i.e. 823 + 823 * X (1, 2, 3...).

The issuing authority the provincial governor competent for: the foreigner’s place of residence in Poland; the place of residence of the Polish citizen in Poland—if the foreigner is residing outside Poland; Head of the Office for Foreigners (as the appellate authority, second instance)

electronically via MOS—if the foreigner is staying in Poland; in paper form, outside the MOS system—if the foreign national is outside Poland;

The permit is granted for the period necessary to fulfill the purpose of stay, exceeding 3 months—up to 3 years.

The permit is not automatically renewed. A foreign national who wishes to continue staying in Poland should apply for a residence permit (for the same or a different purpose) before the permit expires, provided they meet the requirements for its issuance.

⇒ As a rule, to work in Poland you must hold a valid work permit or, if you are a citizen of Ukraine, Belarus, Armenia or Moltova, a statement on entrusting work to a foreigner.