Temporary residence permit for a family member of a citizen of the Republic of Poland (family members - if a citizen of the Republic of Poland regularly goes to another EU country for work purposes)

Documents

a. Documents required at the application stage

A foreigner applying for a temporary residence permit for a family member of a citizen of the Republic of Poland submits to the voivode competent for the place of their stay:

• completed, in accordance with the instruction, application form for a temporary residence permit - under pain of leaving the application unprocessed. Rules for completing the application are presented in the following stage: “Completing the application”.

  This section also contains the application itself to be filled in in MOS and downloaded.

• 4 up-to-date photographs that clearly show the foreigner's face, without a hat and obscuring lenses, meeting the detailed criteria defined by law, i.e., undamaged, in colour, with good sharpness; 35 mm x 45 mm; made not earlier than 6 months before the date of submitting the application; showing the face from the top of the head to the top of the shoulders, so that the face covers 70-80% of each photo, against a uniform light background, showing the foreigner facing straight, with open eyes, uncovered hair, with a natural face expression and closed mouth, as well as showing the natural the colour of their skin; clearly showing the foreigner's eyes, especially their pupils, and the foreigner's eye line parallel to the upper edge of the photograph - under pain of not processing the application.

The regulations allow for a situation in which:

• a foreigner who wears a headgear in accordance with the rules of their religion attaches to the application photographs showing them in this headgear, provided that the face is fully visible in the photograph, and they will attach a declaration of the foreigner on belonging to a religious community;

• a foreigner with congenital or acquired eye defects may attach to the application photographs showing them wearing glasses with dark lenses; in this case, however, they should attach documents confirming the disability, and if it is impossible to present them, submit a declaration of disability;

• the application will be accompanied by photographs with closed eyes, other than a natural expression of the face or with an open mouth, if it is objectively justified (e.g., by their health condition).

• a photocopy of a valid travel document (at the same time presents the person accepting the application with its original for inspection - under pain of leaving the application unprocessed);

  In a particularly justified case, if a foreigner does not have a valid travel document and they are not possible to obtain it, they may present another document confirming their identity in a way that does not raise any doubts. At the same time, they should document the objective inability to obtain a travel document and the efforts made to obtain it.

• Proof of payment of stamp duty. Go to the "Stamp duty” step for more information.

b. Other documents

At the stage of submitting the application, it is also desirable to present the documents necessary to confirm the data contained in the application and the circumstances justifying the application for a temporary residence permit. The date of settling the matter depends on the date of its submission. If the required documents are not attached to the application, the voivode calls for them to be sent within a period of not less than 14 days.

Such evidence is not subject to the consequence of leaving the application unprocessed and may be supplemented in the course of the proceedings. However, it should be remembered that attaching full documentation already at the stage of submitting the application is in accordance with the interest of the party. It organizes and simplifies the procedure, because already at the initial stage, the authority can make correct determinations with regard to the foreigner's situation, which undoubtedly speeds up the process of processing the application and reduces the risks associated with the need for supplementing documentation by a foreigner in the further course of the procedure for granting a temporary residence permit.

The evidence to be presented in the proceedings includes:

If you are applying for the first temporary residence permit for a family member of a citizen of the Republic of Poland pursued to Article 158a of the Act on Foreigners, present:

• copy of birth certificate (own)

• a copy of the ID card of a citizen of the Republic of Poland who is your parent / stepfather or stepmother / child

• a copy of the birth certificate of a citizen of the Republic of Poland – if you are their parent

• in the case of a change of name by a citizen of the Republic of Poland - documents confirming the change of name

• a copy of the marriage certificate (issued not earlier than 3 months before submitting the application) – if you are the stepson of a citizen of the Republic of Poland

• documents constituting the basis for performing work in another EU Member State (e.g., employment contracts, orders) and confirming the amount of income obtained by a citizen of the Republic of Poland (e.g., tax returns)

• statement of a citizen of the Republic of Poland on their dependents

• if you are over the age of 21, show why you need to provide you with a means of subsistence

• in the case of the will to be represented in the proceedings by a proxy – a power of attorney together with confirmation of payment of stamp duty.

Remember!

• the documents should be attached in the original or in a copy certified to be a true copy of the original by a notary public or the party's attorney who is an attorney-at-law or legal advisor; certification of the compliance of the copy with the original may also be made by an authorized employee of the voivodeship office in the administration office, upon presentation of the original document;

• documents drawn up in a foreign language must be presented together with a sworn translation into Polish; the register of sworn translators is kept by the Ministry of Justice and is available at: https://arch-bip.ms.gov.pl/pl/rejestry-i-ewidencje/tlumacze-przysiegli/lista-tlumaczy-przysieglych/search.html

• closely related documents should be presented jointly (e.g., a sublease agreement with a lease agreement) and be valid on the date the permit is issued.

• in the event of doubts as to the authenticity of the presented civil status document, the voivode may additionally require the certification of this document in the form of an apostille or its legalization by the Polish consul after prior authentication by the competent authority of the country of origin.