Temporary residence permit for a family member of a citizen of the Republic of Poland - marriage recognized by the law of the Republic of Poland

Introduction

Migration regulations provide for the possibility of legalizing the stay of citizens of three countries (i.e., persons who do not have the citizenship of one of the EU countries, Norway, Iceland, Liechtenstein or Switzerland) and stateless persons who are spouses of citizens of the Republic of Poland, m.in by granting a temporary residence permit to a family member of a citizen of the Republic of Poland.

A temporary residence permit for a family member of a citizen of the Republic of Poland is granted only to those foreigners who have a real and duly documented marriage with a Polish citizen, and this relationship is recognized by Polish law. It must therefore be a marriage of two persons of different sexes with the capacity to marry, legally registered, non-polygamous, and without a purely religious character. Staying in such a relationship must also justify the foreigner's stay in Poland for a period longer than 3 months.

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.

In the case of widowhood, and also, if justified by an important interest of the foreigner, also in the event of divorce or separation, they may apply for another temporary residence permit for the same purpose. Such a permit is renewed once, and the period for which it is granted does not exceed 3 years.

Remember!
Not every marriage valid in accordance with the law of the foreigner's country of origin is recognized by the law of the Republic of Poland. If you are in a same-sex marriage, which has been registered in accordance with the law of the state of citizenship, and the granting of the permit is necessary due to the convention obligations of the Republic of Poland in the field of human rights protection, you can apply for a temporary residence permit referred to in Article 160 point 3 of the Act on Foreigners. Click the link to learn about this permission.