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)

Introduction

Where a third-country national (i.e., a person who does not hold the nationality of an EU country, Norway, Iceland, Liechtenstein or Switzerland) or a stateless person demonstrates that they lead a family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms, done at Rome on4 November 1950, with a citizen of an EU Member State other than Poland, Norway, Iceland, Liechtenstein or Switzerland residing on the territory of the Republic of Poland, to whom they intend to join or with whom they stay jointly in this territory, and demonstrate compliance with additional requirements regarding the possession of health insurance and having a source of stable and regular income in the required amount, then they may be granted a temporary residence permit pursuant to Article 160 point 3 of the Act on Foreigners.

The condition for granting this permit is to prove the existence of close personal ties of a lasting and real nature, and the number of people staying with a family member must justify staying in Poland for more than 3 months.

This permit may be granted m.in:

• minor/adult grandson or granddaughter of an EU/NO/IS/LI/CH citizen

• siblings of an EU/NO/IS/LI/CH citizen

- in most cases it will require the demonstration of additional dependencies beyond family ties, resulting either from one's own or an EU citizen's health situation or that of an EU/NO/IS/LI/CH citizen or financial dependence – maintaining or being dependent on an EU/NO/IS/LI/CH citizen.

This permit is granted as an administrative decision by the voivode competent for the foreigner's place of stay, 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 - at least for a period of more than 3 months, but not longer than 3 years.

This permit is not automatically renewed - a foreigner interested in the continuation of stay in Poland before its expiry should apply for a temporary residence permit, e.g. another temporary residence on the same basis and work permit, or an indefinite permit (i.e. a permanent residence permit or an EU long-term resident permit), provided that they meet the requirements for granting it.