Temporary residence permit (for a foreigner leading a family life with a citizen of the Republic of Poland – other persons conduncting 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 is not a national of an EU country, Norway, Iceland, Liechtenstein, or Switzerland) or a stateless person demonstrates that:

• leads family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms, done in Rome on 4 November 1950, with a Polish citizen residing on the territory of the Republic of Poland, with whom they reside jointly or to whom they intend to join in that territory, and

• demonstrates compliance with additional requirements for having 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 permanent and real nature, and the coincidence of staying with a family member must justify staying in Poland for a period longer than 3 months.

This permit may be granted m.in:

• parent of a minor/adult citizen of the Republic of Poland

• an adult child of a citizen of the Republic of Poland

• a minor/adult grandson or granddaughter of a citizen of the Republic of Poland

• siblings of a citizen of the Republic of Poland

• to the mother-in-law of a citizen of the Republic of Poland

- however, apart from the situation of a parent whose purpose of stay is to exercise parental authority over a minor child, granting a permit in most cases will require demonstrating additional dependencies beyond family ties, resulting either from the health situation of oneself or a citizen of the Republic of Poland, including those resulting from old age or financial dependence – maintaining a citizen of the Republic of Poland or remaining dependent on him.

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.