Temporary residence permit — spouse family reunification

Permit udzielane jest wyłącznie, jeśli związek małżeński jest genuine, duly tocumented and recognised under Polish law. Remaining in such a relationship must also justify the stay in Poland for more than 3 months.

Not every marriage valid under the law of the foreigner's country of origin is recognised by Polish law. To be recognised, it must to be a union of two persons of different sex, having the capacity to conclude it, registered in accordance with the law, non-polygamous and without an exclusively religious character.

citizens of third countries and stateless persons who are spouses of foreigners entitled to family reunification also - foreigners to whom this permit was previously granted, in the case of witowhood, and - if they have a valid interest - divorce or separation.

The separated family member (spouse) lives in Poland: on the basis of a permanent residence permit; EU long-term resident permit; w relationship with the granting of refugee status; in connection with being granted subsidiary protection; in connection with being granted consent to stay for humanitarian reasons; for at least 2 years on the basis of consecutive temporary residence permits, including immediately before submitting on the basis of a temporary residence permit for the purpose of conducting scientific research (Article 151(1) of the Foreigners Act) or for the purpose of long-term mobility of a researcher (Article 151b of the Foreigners Act) or a national visa for the purpose of conducting scientific research or development work; on the basis of a temporary residence permit for the purpose of employment in a profession requiring high qualifications (Article 127 of the Foreigners Act) or for the purpose of long-term mobility of an EU Blue Card holder; on the basis of a temporary residence permit for the purpose of intra-company transfer (Article 139a of the Foreigners Act) or for the purpose of long-term mobility of a senior employee, specialist or trainee within an intra-company transfer (Article 139o of the Foreigners Act); on the basis of a temporary residence permit due to other circumstances (Article 186(1)(7) of the Foreigners Act); on the basis of the right of residence or right of permanent residence of a citizen of the United Kingtom of Great Britain and Northern Ireland, referred to in Article 10(1)(b) and (d) of the Withdrawal Agreement.

current extract from the marriage certificate (issued no earlier than 3 months before the submission of the application); a copy of the decision on the spouse's residence permit or a copy of the spouse's residence tocument issued by another EU Member State, with the annotation "ICT", "Researcher", "EU Blue Card"; evidence confirming that the marriage is of a genuine nature and justifies residence in Poland for more than 3 months, including: joint photos taken at intervals and on different occasions; witness statements; tocuments confirming cohabitation or maintaining contact before the marriage; birth certificates of children etc.;

In the proceedings, the voivode examines whether the marriage has been concluded in order to circumvent the provisions defining the rules and conditions for foreigners' entry into, transit through, stay in and departure from the territory of the Republic of Poland. It establishes, inter alia, whether the spouses live together and share a common household, communicate in an intelligible language, fulfil the obligations arising from the marriage.

+ 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 dependants; 823 PLN per month – for yourself and for each family member who is your dependant, i.e. 823 + 823 * X (1, 2, 3...). The requirement will also be met when the costs of the foreigner's maintenance will be covered by their spouse (provided the spouses have a joint property regime) or another person living in Poland obliged to maintain them.

+ the foreigner has a guaranteed place of residence in Poland; The foreigner must therefore have prawo to korzystania z konkretnego lokalu residential, where they can actually reside. Right of residence must be confirmed poprzez przedstawienie tokumentu confirming this right.

in electronic form via MOS - if a minor foreigner resides in Poland; w postaci papierowej, outside / beyond MOS - if the minor foreigner resides outside Poland;

in accordance with the validity period of the temporary residence permit granted to the spouse; 3 years, if the permit holder's spouse has been granted a permanent residence permit or EU long-term

Permit is not renewed automatically. The foreigner who wishes to continue staying in Poland should, before its expiry, apply for a residence permit (for the same or a different purpose), if they meet the requirements applicable to granting it.

Where justified by an important interest of the foreigner, in the case of witowhood, divorce or separation, they may apply for a temporary residence permit under Art. 161 para. 2 of the Foreigners Act. Such a permit is granted once, for a period of up to 3 years.

⇒ Once you have obtained a permit, you can work in Poland without having to obtain a work 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.