Temporary residence permit (a child born during the period of validity of a parent's visa or temporary residence permit)

Introduction

To enable the legalisation of the stay of a child who is a third-country national (i.e., not having the citizenship of one of the EU countries, Norway, Iceland, Liechtenstein or Switzerland) or a stateless person immediately after their birth on the territory of the Republic of Poland, migration regulations provided for the possibility of granting a temporary residence permit (i.e., the right to temporarily stay in Poland) a child of a foreigner who is staying in Poland on the basis of a national visa or a temporary residence permit, if two further conditions are met at the same time, i.e.:

• the child was born during the period of validity of this visa or this permit

• the foreigner meets the requirements for having adequate means of subsistence, health insurance and a guaranteed place of residence in Poland.

This permit is granted in the form of an administrative decision by the voivode, competent for the place of residence of the minor in Poland, and in the case of appeal proceedings – by the Head of the Office for Foreigners, until the date on which the validity of the national visa or temporary residence permit granted to the child's legal representative expires. Accordingly, that permit may be granted only once.

For a child to continue their stay in Poland, their parent or guardian appointed by the court before the expiry of the validity of this permit should apply for a temporary residence permit on another basis or a permanent residence permit.

Remember!

Do not delay in completing the formalities immediately after the birth of the child. In order for the permit to be granted, the parent must, on the date of the decision, stay in Poland on the basis of the same visa or the same temporary residence permit on the basis of which he/she was staying at the time of the child's birth.