Temporary residence — other close family of an EU/EEA/Swiss citizen

Authorised persons third-country nationals and stateless persons who lead a family life w rozumieniu Konwencji o ochronie praw człowieka i podstawowych wolności, sporządzonej w Rzymie dnia 4 listopada 1950 r., with EU, EFTA-EEA or CH citizens , residing in Poland, who at the same time do not fall into the category of foreigners enjoying, as family members, freedom of movement within the EU.

lives a family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms with an EU citizen (as explained in the "Introduction" stage) residing in Poland. While this does not include a permanent partner, but e.g. an adult child or sibling, he or she should demonstrate additional elements of dependency, e.g. financial, or related to the need for care.

Within the meaning of migration regulations, an EU citizen is any foreigner who holds: citizenship of one of the EU member states (other than Polish): Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, Ireland, Lithuania, Latvia, Luxembourg, Malta, the Netherlands, Germany, Portugal, Romania, Slovakia, Slovenia, Sweden and Italy; citizenship of an EFTA member state – party to the EEA agreement: Norway, Iceland, Liechtenstein; citizenship Switzerland.

If residing abroad, the application must be submitted in paper form by an eligible family member (an EU/EFTA citizen residing in Poland).

+ documents confirming the purpose of stay; Submit evidence confirming: that you maintain family life, within the meaning of Art. 8 of the Convention on the Protection of Human Rights and Fundamental Freetoms, with an EU/EFTA citizen; existence of a state of dependency on an EU/EEA citizen (if necessary to recognise that you lead a family life, e.g. if you wish to join a parent and you are an adult); justification for stay in Poland exceeding 3 months. In this regard, present evidence such as: copy of the passport or identity card of the foreigner - citizen of the EU, NO, IS, LI or CH, you intend to join or continue residing with in Poland; declaration of the EU/EFTA citizen on residing in Poland with the address indicated; tocuments confirming any family ties, e.g. civil status certificates; 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 ties (including those based on biological ties, but not necessarily) characterised by mutual interest, attachment and closeness.

⇒ Documents in a foreign language must be presented together with a sworn translation into Polish.

+ 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 adequate income; 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 dependants; 823 PLN per month – for yourself and for each family member who is your dependant, i.e. 823 + 823 * X (1, 2, 3...).

+ document confirming health insurance; - within the meaning of the Act of 27 August 2004 on health care services financed from public funds or confirmation of coverage by the insurer of the costs of treatment in the territory of the Republic of Poland, e.g. ZUS certificate confirming payment of health insurance contributions private insurance policy.

Granting authority the competent voivode due to: place of residence of the foreigner in Poland; place of residence of the EU citizen in Poland – if the foreigner resides outside Poland; Head of the Office for Foreigners (as the appeals authority, 2nd instance)

Method of submitting the application in electronic form via MOS - if a foreigner resides in Poland; in paper form, outside MOS - if a foreigner resides outside Poland;

Period for which granted the period necessary to achieve the purpose of residence, more than 3 months, up to 3 years Afterssibility of renewal The permit toes not renew automatically. A foreigner who wishes to continue residing in Poland should, before its expiry, apply for a residence permit (for the same or a different purpose), provided they meet the relevant requirements for it to be granted.

Stamp duty 340 PLN It must be paid in advance, upon submission of the application.

After receiving the application in MOS the voivode calls for a personal appearance at the office for the purpose of: presentation of a valid travel tocument; submitting fingerprints; submission of a signature specimen.

Application processing deadline Application o udzielenie zezwolenia zostanie rozpoznany within 60 days of submitting a complete application

⇒ A foreigner who has obtained a permit a residence card is issued (For more information see: "Residence card" ). The residence card is issued by the provincial governor: ex officio , if the application for the permit was submitted by the foreigner independently (at the MOS) during his/her stay in Poland; at the request of a foreigner submitted after his/her arrival in Poland, if the application for the permit was submitted by an EU/EFTA citizen residing in Poland. Rights and responsibilities (among others): Legal residence and travel entitlements ⇒ With a permit and a valid residence card, you can legally reside in Poland and cross the Polish border without needing a visa or fulfilling the conditions for visa-free entry. ⇒ 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. Limited access to the Polish labour market ⇒ 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, Moldova or Armenia, a declaration on the assignment of work to a foreigner.