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

Applying

The Act on Foreigners provides for the obligation for a foreigner to submit an application for a temporary residence permit in person. In the case of a minor, this obligation is carried out by their legal representative / guardian (as the application concerns a child under 6 years of age, their presence is not required when submitting it) – under pain of leaving the application unexamined.

This obligation should be fulfilled – at the latest on the last day of the foreigner's legal stay on the territory of the Republic of Poland. However, a minor foreigner may not be refused this temporary residence permit if the sole reason for refusal would be their illegal stay on the territory of the Republic of Poland.

The application completed in MOS, after its printing and signing, is submitted together with attachments to the voivode competent for the place of stay of the child after prior appointment to the department competent for foreigners in the voivodeship office or its delegation. When submitting the application, the parent/guardian presents a valid travel document of the minor and attaches the necessary documents (more information in the tab: "Documents").

If the application was submitted during the legal stay and did not contain formal deficiencies or they were completed on time, the voivode shall include a stamp in the child's travel document, which confirms the submission of the application. their stay is considered legal from the date of submission of the application until the date on which the decision on granting a temporary residence permit becomes final.

Remember!

• Departments responsible for foreigners in the voivodeship offices have introduced a system of electronic booking of visits in order to submit an application. Be sure to check the rules for booking a visit to a given office. The waiting time for the visit may be extended, so do not hesitate and book your visit well in advance.

• When it is not possible to visit during legal stay in Poland (i.e. before the expiry of the visa, permissible stay in visa-free regime or the validity period of the residence permit), you can send the application in paper form by post (the date of issuing a parcel at an office of Poczta Polska SA decides) or submit it (in person or with the help of another person) at the office's registry desk. However, you will then be summoned to appear in person at the time specified by the voivode. If you do not comply with the summons, the application will not be processed.

Remember also!

• Placing the stamp on the travel document does not entitle to travel within the territory of other Schengen states. You can travel to your country of origin or permanent residence, but to return to Poland, you must obtain a visa if you come from a visa-required country, or meet the entry conditions for visa-free travel.

• If you return to Poland within a visa-free regime, you can stay in Poland until the date on which the decision on granting a temporary residence permit becomes final, even if it occurs after 90 days from the date of re-entry into the Schengen area.