Residence permit of non-EU citizens family members in Poland
RIGHT TO FAMILY REUNIFICATION
The following foreigners have the right to obtain a temporary residence permit for family members of a foreigner living in Poland:
- a spouse (the marriage must be recognized by Polish law);
- a minor child (who is under 18 on the application day) - not only biological, but also an adopted child, or another child dependent on them, and over whom they exercise actual parental authority (e.g. their spouse's child from a previous relationship);
- legal guardian of a minor residing in Poland unaccompanied, granted refugee status or subsidiary protection. In such a case, the application should be submitted within 6 months of granting refugee status or granting subsidiary protection to a minor.
Family members of a foreigner living in Poland may reunite with them in Poland by obtaining a temporary residence permit, if they themselves stay in Poland:
- on the basis of a permanent residence permit;
- on the basis of a long-term EU resident's residence permit;
- in connection with granting them the refugee status;
- in connection with granting them subsidiary protection;
- for at least 2 years on the basis of subsequent temporary residence permits, including immediately before submitting the application for a temporary residence permit for a family member - on the basis of a permit granted to hem for a period of stay of not shorter than 1 year;
- on the basis of a temporary residence permit for the purpose of conducting scientific research;
- on the basis of a temporary residence permit granted for the purpose of conducting scientific research, when the foreigner has a residence permit referred to in art. 1 par. 2 letter a and Council Regulation No. 1030/2002, with the annotation "scientist", issued by another Member State of the European Union, if the agreement on the admission of a foreigner for the purpose of carrying out a research project concluded with the relevant scientific unit of that country provides for the conduct of scientific research also on the territory of the Republic of Poland;
- on the basis of a temporary residence permit for the purpose of working in a profession requiring high qualifications (the so-called Blue Card);
- on the basis of a temporary residence permit for the purpose of working under the intra-corporate transfer;
- on the basis of a temporary residence permit granted for the purpose of using long-term mobility;
- in connection with granting a residence permit for humanitarian reasons.
Note! If the foreigner is staying outside of Poland, the application for a temporary residence permit for the purpose of family reunification is submitted by the foreigner (a spouse or parent) residing in Poland. Importantly, submitting the application in such a case requires a written consent of the foreigner staying outside Poland. Such consent is the same as granting a power of attorney to act on behalf of a family member in a given proceeding.
After the decision for temporary residence is issued, a foreigner residing in Poland may transfer it to a family member so that they can obtain a visa to Poland from the relevant embassy (or consulate) of the Republic of Poland. A family member will collect the residence card in person in Poland.
Note! If a foreigner who is reunited with a family member does not meet the conditions listed above (e.g. he is staying in Poland on the basis of a visa or a temporary residence permit for a period shorter than 2 years), then their family member may apply for a temporary residence permit issued due to other circumstances. Details of this procedure are described in the TEMPORARY STAY / OTHER CIRCUMSTANCES tab.
If it is justified by an important interest of the foreigner, they may be granted a temporary residence permit for the purpose of family reunification, also in the case of:
- a divorce, separation or widowhood of that foreigner, if they were married to a foreigner residing on the territory of Poland, as recognized by Polish law, on the basis of one of the above-mentioned conditions;
- death of their parent being a foreigner residing on the territory of the Republic of Poland on the basis of one of the above-mentioned conditions;
- death of their minor child who has been granted refugee status or subsidiary protection.
In such a case, the permit is granted once, for a period not longer than 3 years, and the applicant foreigner must prove that they have a stable source of income, medical insurance and a place of residence in Poland.
In the case of a temporary residence for the purpose of family reunification, in addition to the basic documents referred to in the TEMPORARY RESIDENCE - GENERAL INFORMATION tab, the foreigner must also submit:
- documents confirming the fact of living in Poland, e.g. a rental agreement, a lending agreement, a certificate (reservation) from a hotel;
- documents confirming the degree of kinship or affinity recognized by the law of the Republic of Poland (marital status records: a birth certificate, marriage certificate);
- documents confirming the possession by the foreigner with whom the family member intends to stay in Poland, a residence permit required by law (e.g. a decision on permanent residence);
- documents confirming the possession of a stable and regular source of income sufficient to cover the costs of living for themselves and for dependent family members (e.g. the employment contract of the spouse with whom the foreigner reunites, along with their declaration on the number of dependents);
- documents confirming health insurance or coverage by the insurer of treatment costs in Poland (e.g. a printout from ZUS - ZUS ZCNA);
- in the case of spouses: documents confirming living together and running a common household, including, for example, joint photos, a joint rental agreement or a deed of ownership of a common house / flat;
Note! The above list cannot be considered complete. The set of documents necessary to obtain a temporary residence permit for the purpose of family reunification may differ due to the given foreigner's situation and the office where the foreigner applies for the permanent residence permit.