Temporary residence permit (for a foreigner leading a family life with an EU/EEA/CH citizen – other persons leading a family life within the meaning of the Convention on Human Rights and Fundamental Freedoms)

Proceedings in the case

In the procedure for granting a temporary residence permit pursued to Article 160(3) of the Act on Foreigners, only a foreigner is a party.

If they are in Poland, then they fill in and sends the application to MOS, then print it, sign it, and submit it in person along with the necessary documents. In these activities, the foreigner may not be replaced by another person, unless they are minors. Then the application is completed and sent to MOS, and after also printing signs, their parent or legal guardian and, if the minor is over 6 years of age, submits in their presence along with the necessary documents.

If they are abroad, then in the activities of completing, signing, and submitting the application, they are replaced by an authorized citizen of the EU/NO/IS/LI/CH, to whom they intend to join in Poland, with the proviso that they may send this application by post or forward it to the voivode through another person.

The authority competent to consider the application is the voivode competent for the place of stay or planned stay of the foreigner in Poland (if they stay abroad) – this voivode accepts the application from the foreigner (parent or guardian – in the case of a minor) or a family member authorized by them who is a citizen of the EU/NO/IS/LI/CH, initiates(or refuses to initiate) and conducts proceedings regarding the granting of a temporary residence permit. The body of a higher degree in relation to the voivode is the Head of the Office for Foreigners.

The administrative procedure for granting a temporary residence permit is initiated upon the request stated in the application.

Except in the case of a failure to submit fingerprints, the voivode refuses to initiate proceedings if at least one of the circumstances listed in Art. 99 par. 116 of the Act on Foreigners is a fact on the day of submission of the application:

• the foreigner has an indefinite permit on the territory of the Republic of Poland (permanent residence permit / EU long-term resident's permit),

• stays in Poland on the basis of a Schengen visa authorizing only to enter this territory, issued for the purpose referred to in art. 60 par. 1 point 23 of the Act on foreigners (i.e., arrival for humanitarian reasons, due to the interest of the state or international obligations),

• stays in Poland on the basis of a temporary residence permit, granted in the cases referred to in Art. 181 par. 1 of the Act on foreigners - which is a permit issued due to special circumstances requiring a short-term stay,

• is covered by forms of international protection on the territory of the Republic of Poland (refugee status, subsidiary protection, temporary protection) or national protection (asylum, tolerated stay permit, consent to stay for humanitarian reasons) or applies for international protection or asylum,

• is detained, placed in a guarded center or is subject to a preventive measure in the form of a ban on leaving the country,

• serves a sentence of imprisonment or temporarily arrested,

• stays on the territory of the Republic of Poland after they were obliged to return, and the period of voluntary departure specified in the decision obliging the foreigner to return has not yet expired, also in the case of extension of this period,

  is obliged to leave the territory of the Republic of Poland in the cases referred to in Art. 299 par. 6 of the Act on Foreigners (i.e., there is an obligation to leave the territory of the Republic of Poland related to the completion of the procedures listed in this provision)

• stays outside the Republic of Poland.

A refusal to initiate the proceedings takes the form of an order against which a complaint may be lodged.

The entire procedure for granting a temporary residence permit has been constructed by the legislator with the assumption that a foreigner (- if they have reached the age of 6) will have to appear at the voivodeship office only twice – for the first time when submitting an application (an application for a permit – if they are in Poland or an application for a residence permit – after granting a permit and entering the Republic of Poland), and then to collect a personalized residence permit after the permit has been granted. Any additional visits may result only from the course of a specific procedure, in particular to provide explanations (testimonies) regarding the relevant circumstances of the case.

A letter containing information about the proceedings, including its signature, the planned date of completion and the right to read the case file and supplement it, will be delivered during the visit to the office for submitting an application for a permit or sent as a result of submitting the application by post to the address of the foreigner (or a citizen of the EU/NO/IS/LI/CH – if it was they who submitted the application) indicated in the application. This letter may contain a request to supplement the formal deficiencies of the application and/ or a request to supplement the application with further, necessary documents.

In the course of the proceedings, the administrative authority handling the case shall provide the party with the necessary instructions and guidance. Therefore, unless the foreigner (or an EU/NO/IS/LI/CH citizen authorised by him) provides all the evidence necessary to grant them the permit at the application stage, they will be requested by the authority in writing to provide it within the prescribed period, which is usually between 7 and 14 days. If, after reading, it turns out that the request is not understandable, they should ask the authority to clarify it. The summons will be delivered to the foreigner with a receipt by the postal operator at the address indicated by them or by ePUAP (or delivered to their representative, if established). Detailed rules for service are governed by Chapter 8, Section I of the Code of Administrative Procedure – Service. More information about deliveries can be found in section: Administrative procedures.

Remember!

• It is in the interest of the party to cooperate closely with the authority on the application.

• When changing the address for service, notify the authority of this fact.

• When going abroad, appoint a representative for service in the country.

More information in the tab: Most common mistakes.