Temporary residence permit for a family member of a citizen of the Republic of Poland (stepchild of a citizen of the Republic of Poland)

Introduction

Migration regulations provide for the possibility of legalizing the stay of citizens of three countries (i.e., persons who do not have citizenship of one of the EU countries, Norway, Iceland, Liechtenstein, or Switzerland) and stateless persons who are stepchildren of Polish citizens, m.in by granting a temporary residence permit for a family member of a citizen of the Republic of Poland. This permit is a type of temporary residence permit, i.e., a permit that entitles you to stay on the territory of the Republic of Poland for a certain period.

A temporary residence permit for a family member of a citizen of the Republic of Poland is granted if the parent under whose care the minor remains also meets the following conditions:

• is married to a Polish citizen and this relationship is recognized by Polish law. It must therefore be a union of persons of different sexes, having the capacity to conclude it, registered in accordance with the law, non-polygamous, without a purely religious character.

• has a residence permit related to being married, i.e., a temporary residence permit for a family member of a citizen of the Republic of Poland 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 the Act on Foreigners?

This permit is granted in the form of an administrative decision by the voivode, competent for the place of stay of the minor, 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 – for a minimum period of more than 3 months, but not longer than for a period of 3 years. This permit is granted at the request of the minor's parent/legal guardian.

This permit is not automatically renewed – in the case of continuation of stay in Poland before its expiry, the parent/legal guardian of a minor foreigner should apply for another temporary residence permit, e.g. another temporary residence permit for a family member of a Polish citizen or an indefinite permit (i.e., a permanent residence permit or a long-term EU resident permit), provided that it meets the requirements necessary for its granting.

In the event of the death of a parent who is the spouse of a citizen of the Republic of Poland, a temporary residence permit for a family member of a citizen of the Republic of Poland may be renewed, provided that it is justified by the important interest of the child. Such a permit may be granted once, for a period not longer than 3 years.

Remember!

Granting a temporary residence permit to a family member of a Citizen of the Republic of Poland should be justified – if a parent who is married to a Citizen of the Republic of Poland does not exercise actual parental authority over a child who is under the care of the other parent, then there are no grounds for granting such a permit.