Does the fact that that being a foreigner who wants to live together with your partner in Poland, and the fact that you are not formally married significantly affect the possibility of legalizing your stay? This topic has already been touched upon in the MyVisa article about marriages, however, it is worth taking a wider look at this issue since more and more people are living together in informal relationships.
It is worth mentioning that residence on the territory of Poland can be legalized regardless of whether the partner is a Polish citizen or a foreigner.
In the beginning, it Is worth emphasizing that Polish law does not regulate informal relationships in the way it regulates marriage, therefore when applying for a residence permit, indicating the main purpose of stay as “stay with a citizen of the Republic of Poland” is inappropriate and the Immigration Office will not grant the permit. For this type of case, one possibility to legalize the stay in Poland is the purpose called “other circumstances”, but Polish immigration law also provides granting the residence permit concerning Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, however, such a permit requires the applicant to prove that he/she has:
In the case of an informal relationship, in order to obtain a temporary residence permit, the requirements mentioned in the Foreigners Act have to be fulfilled.
First of all, a complete application form has to be submitted during a legal stay in Poland. Furthermore, it has to be documented, that a person possesses:
In the absence of one of the above-mentioned documents, the Immigration Office will refuse to grant the permit.
In general, according to Polish law, a permanent life partner is not classified as a family member, which is why, for example, unmarried cohabitees are not under a maintenance obligation. Therefore, to prove that you have a regular source of income, the safest option is to submit an annuity contract, which has been concluded in the presence of a notary to the Immigration Office. In addition, the Office will examine whether the partner has sufficient funds to cover the expenses associated with the aforementioned agreement and still has the funds to maintain himself.
The clerk that proceeds with the application may also order the relevant services may also order to the relevant services to conduct a community interview at the place of residence. By doing this, they will verify the fact of cohabitation and the running of the household (the above procedure was described in detail in our article published on the MyVisa blog on 9 October 2023). In addition, the Immigration Office may invite both partners for an interview, even if the community interview confirms the running of a joint household.
It is worth mentioning that a residence permit based on an informal relationship does not entitle the holder to work, without having a work permit at the same time, if there are no exempting circumstances, e.g. completion of Polish full-time studies.
Although Polish law allows the possibility of legalizing a stay in the case of staying in an informal relationship, this type of permit requires more detailed documentation than in the case of applying for a stay based on marriage. In addition, the entitlements resulting from the basis of informal cohabitation are incomparably less than in the case of residence with a spouse.
It should also be noted that the Immigration Office is not obligated to grant a permit based on “other circumstances” all the time. Even after all the prerequisites have been fulfilled, it still has discretion and does not have to grant the residence permit. The Immigration Office is obligated to grant a permit to an application made on the basis of the nurturing family life within the meaning of the aforementioned European Convention.
As there are many prerequisites to be met, it is advisable to call in experts who can help you fill in the application correctly and also verify the documentation you have prepared. At MyVisa, we are at your service.
Author : Jakub Stawski
