Temporary residence permit for a foreigner who is a relative of an EU/NO/IS/LI/CH citizen

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Introduction

If a third-country national (i.e., a person who does not have the nationality of one of the EU countries, Norway, Iceland, Liechtenstein or Switzerland) or a stateless person proves that they are relative of a citizens of an EU Member State other than Poland or Norway, Iceland, Liechtenstein or Switzerland (*** as explained below) and reside with them in Poland due to:

  • financial dependence on them or staying with them in the household, in the country from which they came to Polish

  • serious health reasons requiring personal care on the part of that citizen

- then they may be granted a temporary residence permit pursuant to Article 160 point 1 of the Act on Foreigners, provided that they demonstrate compliance with additional requirements regarding the possession of:

  • health insurance and

  • sources of stable and regular income in the required amount.

This permit is granted as an administrative decision by the voivode competent for the foreigner's place of stay, and in the case of appeal proceedings - by the Head of the Office for Foreigners, for the period necessary to achieve the purpose of stay - at least for a period of more than 3 months, but not longer than 3 years.

This permit is not automatically renewed - a foreigner interested in the continuation of stay in Poland before its expiry should apply for a temporary residence permit, e.g. another temporary residence on the same basis and work permit, or an indefinite permit (i.e. a permanent residence permit or an EU long-term resident permit), provided that they meet the requirements for granting it.

Remember!

  • *** Family members of an EU citizen or of Norway, Iceland, Liechtenstein, or Switzerland other than:

their spouse

their child (including adopted) or stepson – under 21 years of age

their child (including adopted) or stepson over 21 years of age, dependent on them or their spouse

their parent or father-in-law/mother-in-law, dependent on them or their spouse

their parent – in a situation where the EU/NO/IS/LI/CH citizen is a minor and the parent has effective parental care over them or her.

  • For a permit to be granted, an EU/NO/IS/LI/CH citizen must reside in Poland, and a family member must be financially dependent on them, or their state of health must require regular care.

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