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)

Requirements

In order for a foreigner to be able to obtain a temporary residence permit, it is necessary for them to meet the following requirements in a cumulative manner:

• they are people entitled to apply for a temporary residence permit – they are therefore third-country citizens or stateless persons, and at the time of submitting the application in this matter they are legally staying on the territory of the Republic of Poland legally on the basis of a short-term residence title (excluding stay m.in for humanitarian purposes) or is staying abroad and intends to join a citizen of the Republic of Poland residing in Poland;

• leads family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms with a citizen of the Republic of Poland residing in the country (including, if necessary, demonstrates additional elements of dependence, e.g., financial or related to the exercise of care);

• stays with them or intends to join them in Poland, and this circumstance justifies their stay in Poland for a period longer than 3 months;

• has health insurance within the meaning of the Act of 27 August 2004 on health care services financed from public funds or confirmation of coverage by the insurer of the costs of treatment on the territory of the Republic of Poland;

• has a source of stable and regular (i.e., characterized by relative durability and continuity) income sufficient to cover the costs of maintaining themself and their dependent family members; the amount of income must be higher than PLN 776 per month if the foreigner manages independently and does not have dependents or exceed PLN 600 per month per family member;

• meets the formal requirements related to the permit, including:

● if you are in Poland:

- submits the application in person, on the form, together with the necessary attachments, and also presents a valid travel document (or in justified cases, if the foreigner does not have a travel document and it is not possible to obtain it – another document confirming their identity), gives fingerprints (except when it is not physically possible to take fingerprints) and pays stamp duty, subject to, that the application concerning a minor foreigner is completed, signed and submitted together with the necessary attachments by their parent or legal guardian. When submitting an application, the presence of a minor is required if they have reached the age of 6.

● if you are abroad:

- gives written consent to the submission by a citizen of the Republic of Poland, to whom they intend to join, of an application for granting them a temporary residence permit on their behalf, and a citizen of the Republic of Poland with such authorization will submit an application on the form, together with the necessary attachments, including a copy of the foreigner's travel document, and pay stamp duty. If an application concerning a minor foreigner, such consent is granted by their parent or legal guardian.

After granting the permit and arriving at the Republic of Poland, the foreigner should appear in person at the voivodeship office to submit an application for a residence permit. This involves the need to show a travel document and fingerprints. The requirement to appear in person does not apply to a minor under 6 years of age.