Temporary residence permit (other family members of third-country nationals or stateless persons)

Introduction

In cases other than those described in the Section Stay with family – Stay with a non-EU citizen, so if a family member with whom you intend to reunite in Poland or with whom you stay in Poland:

• resides in Poland on a basis other than that listed in Article 159(1)(1) of the Act on Foreigners (e.g., resides in Poland in visa-free regime, on the basis of a national visa or a temporary residence and work permit)

or

• you are not covered by the definition of a family member contained in Article 159(3)-(4) of the Act on Foreigners (e.g., you are cohabiting)

and

• you are not entitled to obtain an independent temporary residence permit for the purpose of family reunification, referred to in Article 161(1) of the Act on Foreigners (e.g., as an adult child of a foreigner staying on a specific basis, who has been living in Poland for over 5 years),

- you may not exercise the right to family reunification under a temporary residence permit for the purpose of family reunification. You can apply for a temporary residence permit on general terms, due to another purpose of stay (e.g., due to work or studies).

If you do not have such an independent purpose of residence and you do not qualify for an indefinite permit to accompany a family member in Poland, you can use the following options:

• obtain a national visa at the Consulate of the Republic of Poland to visit family or friends

• obtain a temporary residence permit due to other circumstances referred to in Article 187 point 8 of the Act on Foreigners (Learn the conditions and procedure for granting the permit)

• obtain a temporary residence permit due to other circumstances referred to in Article 187 point 6 of the Act on Foreigners – if you are staying in Poland illegally, and the stay is necessary due to the need to respect the right to family life (Learn the conditions and procedure for granting the permit)

• obtain a temporary residence permit due to other circumstances referred to in Article 187 point 7 of the Act on Foreigners – if you are staying in Poland illegally, and the stay is necessary due to the need to protect the rights of the child (Learn the conditions and procedure for granting the permit).

Remark!

• If you lead a family life with a citizen of the United Kingdom of Great Britain and Northern Ireland residing on the territory of the Republic of Poland, referred to in Article 10(1) (. b and (d) of the Withdrawal Agreement – check the detailed rules for granting residence permits in such a situation.

• The principles of using long-term mobility as a family member of a researcher are described in the Mobility section.