Requirements
In order for a minor foreigner to be able to obtain a temporary residence permit for a family member of a citizen of the Republic of Poland, it is necessary for them to meet the following requirements in a cumulative manner:
is a third-country national or stateless person, and at the time of the parent's request to this effect, they reside on the territory of the Republic of Poland legally (excluding the stay of m.in. for humanitarian purposes) or intends to join the parent in Poland;
the parent who has custody of them are in a recognised marriage with a citizen of the Republic of Poland or in the event of their death – the application concerns another temporary residence permit on the same basis, and the important interest of the child is in favour of granting the permit;
the parent who takes care of them reside in Poland on the basis of an appropriate residence permit granted in connection with being married to a citizen of the Republic of Poland (i.e., a temporary residence permit granted pursuant to Article 158(1)(1) of the Act on Foreigners or a permanent residence permit granted pursuant to Article 195(1)(4) of that Act)
staying with the parent referred to above and their spouse must be the basis for applying for a temporary residence permit, and at the same time must justify the child's stay on the territory of the Republic of Poland for a period longer than 3 months;
the formal requirements related to the permit will be fulfilled, including the application completed and signed by the parent will be submitted on the form with the necessary attachments, including confirmation of payment of stamp duty (the presence of a minor when submitting the application is required if they are over 6 years of age). When submitting the application, a valid travel document of the minor will be presented (or in justified cases, if the minor does not have a travel document and it is not possible to obtain it – another document confirming their identity), the minor will give fingerprints (if they are over 6 years of age, except when it is not physically possible to take fingerprints).
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