Temporary residence permit — spouse of a Polish citizen

Temporary residence permit dla członka rodziny obywatela RP udzielane jest cudzoziemcom, którzy pozostają in an actually existing, duly tocumented marriage recognised by Polish law with a Polish citizen. Being in such a relationship must also justify staying 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.

If pozostajesz w relationship, who nie jest uznawany przez polskie prawo, read the information on the permit granted on the basis of art. 160 point 3 of the Foreigners Act - open the link.

Foreigner is a third-country national or a stateless person – a spouse of a Polish citizen (as explained in the "Introduction" step). The foreigner's spouse resides in Poland and did not return to Poland after a period of joint residence in another EU member state.

If you are applying for the first temporary residence permit for the spouse of a Polish citizen Submit, among others: current extract from the marriage certificate; copy of the spouse's identity card or another tocument from which his/her Polish citizenship is unambiguously apparent; evidence confirming that the marriage is of a genuine nature and justifies residence in Poland for more than 3 months, 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 having common offspring; any other kind of tocuments useful in making the above determinations.

The governor shall examine in the proceedings whether the marriage has beenconcluded for the purpose of circumventing defining the rules and conditions for the entry of foreigners 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.

- is not permitted. The application must be submitted while you are in Poland.

the competent voivode due to the foreigner's place of residence

Stamp duty 340 PLN

the period necessary to achieve the purpose of residence, more than 3 months - up to 3 years

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.

In the case of witowhood, or, if justified by a vital interest of the foreigner, divorce or separation, he/she may apply for a temporary residence permit under Article 158(2) of the Foreigners Act. Such a permit is granted once, for a period of up to 3 years.

⇒ Once you have obtained the permit, you can perform work in Poland without having to obtain a work permit or, if you are a citizen of Ukraine, Belarus, Armenia or Moldova, a declaration of entrusting work to a foreigner.

⇒ It is possible on the basis of an entry in the CEiDG.

⇒ 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.