FOREIGNERS’ CHILDREN BORN IN POLAND

Children who do not have Polish citizenship but who reside in Poland should have a document legalizing their stay, e.g., a visa or a residence card. So, what if the child was born on the territory of Poland and it was not possible to issue any of the above-mentioned documents before the child was born?
In the following article, we will answer this question and explain what needs to be done to legalize the residence of a child born in Poland.
Following Polish law, the residence of children who are born in Poland and neither parent has Polish citizenship is considered illegal. However, according to national legislation, it is possible to legalize the stay of such a child. It all depends on the legal residence of at least one of the parents.
At the beginning, it is worth mentioning that for certain bases of residence, the authorities issue permits obligatorily (e.g., for the child of an EU Blue Card holder).
If at least one parent has been granted a permanent residence permit or a long-term EU resident permit, or the child was born during the temporary stay of a parent who was later granted one of the above-mentioned types of permits, the parent may apply for permanent residence for the child on behalf of the minor. In this case, the possibility of leaving and returning to Poland is irrelevant to the positive conclusion of the procedure.
The two basic documents to be completed regardless of the type of proceedings are:

• the child’s certificate of birth in Poland,
• the minor’s passport (therefore it is best to obtain the above document from the diplomatic post of your country of origin as soon as possible).
  However, if neither of the parents has permanent residence or residence as a long-term EU resident, then the application for a temporary residence permit for a minor should be submitted.
  There are two paths to legalize a child’s temporary residence.
  In case the child was born during the validity of a visa or a temporary residence permit of one of the parents and it is still valid, it will be necessary to attach to the application a confirmation that the minor has:
• health insurance that covers the costs of treatment on the territory of Poland
• confirmation of having accommodation provided (e.g., a lease agreement),
  Also, at least one of the parents provides a source of regular and stable income (e.g., employment contract/commission with ZUS RMUa for the last 3 months).

In addition, the birth certificate issued by the Polish Civil Registry Office, mentioned earlier, must also be attached to the application. If the application is successful, the child will receive a decision valid for the duration of the parent’s permit.
If the parents have received new residence permits after the birth of the child, or if the child was born at a time when neither of the parents had a valid residence permit or visa – the authorities usually process the application based on Article 187(7) of The Act on Foreigners. The child’s passport and birth certificate must then be submitted with the application. However, the Immigration Office may ask for additional documents during the proceeding.
It is worth emphasizing that in the case of examining the application of a child whose parents do not have a permanent resident permit or residence of a long-term EU resident – the child should not leave the territory of Poland, because after entering Poland, it will be necessary to submit a new application for temporary residence.
One of the most common mistakes made when preparing applications for children’s residence is for the parent to sign for a minor. This should be avoided, as such action is not accepted by the Immigration Office and will lengthen the proceedings.
In summary, once the child is born, the first step should be to obtain a passport for the child. Then, the appropriate application for a residence permit should be submitted to the Immigration Office. The correct preparation of the application and submission of the necessary documents will reduce the length of the procedure. Therefore, to ensure that everything goes smoothly, it is worth contacting experts (e.g., MyVisa) who will take care of the entire process of legalizing your stay.

Author: Jakub Stawski