To celebrate International Family Day (15 May), we submit a brief review of the regulations on:
Contrary to popular belief, being a spouse of a Polish citizen or of a foreigner legally residing in Poland does not guarantee their family members the possibility of legal residence. Indeed, it is a facilitation, but it does not change the fact that several statutory requirements and procedures must be met.
There are two types of ‘family permits’ in Polish law:
As the term ‘family member’ is key in both types, it is important to start by explaining it: according to the Polish law on foreigners, a family member is only the spouse and minor children under 18 years of age. This term does not include siblings, adult children, parents or distant relatives.
(I) Legalization of stay of spouses of Polish citizens
Spouses of Polish citizens may apply for a temporary residence permit for family members of Polish citizens. However, the condition is that the relationship is recognized under Polish law. Therefore, these cannot be same-sex marriages, most religious marriages are not recognized either.
The procedure for the spouse of a Polish citizen is simplified: the applicant is not obliged to have health insurance, stable and regular source of income or the address of residence. At the same time, the Act on Foreigners contains many provisions intended to prevent marriages concluded to circumvent migration regulations. Entering into a marriage of convenience is the basis for refusing to issue a permit and for its withdrawal. An application for a temporary residence permit can only be submitted by the spouse of Polish citizen in Poland – it is impossible to apply for the permit in the consulate.
Foreign spouses gain the opportunity to apply for permanent residence in Poland after three years of marriage, provided that they lived in Poland on the basis of a temporary residence permit for at least two years just before application.
Informal relationships
The Act on Foreigners provides the possibility of granting a residence permit to a family member also in case of informal relationships. However, the foreigner is obliged to prove that: *he leads a family life with a Polish citizen, *he has a health insurance, *he has a regular and stable source of income, *he has a reliable place of residence.
Legalization of children’s stay
According to the Act on Polish Citizenship, a child whose at least one parent has Polish citizenship acquires Polish citizenship automatically at the moment of birth.
However, parents may decide to choose a different citizenship for their child and resign from Polish citizenship on their behalf. In such a case, the child needs an adequate permit to stay legally in Poland. A child of a Polish citizen may obtain a temporary residence permit based on family ties. The child may also obtain a permanent residence permit, provided that he or she remains under the parental authority of a Polish parent.
A minor foreigner does not have to meet any requirements regarding his previous stay in Poland. Children who stay in Poland illegally may also apply for such a permit.
Legalization of stay of children of foreign spouses of Polish citizens.
Children of foreigners who are married to a Polish citizen and have a temporary residence permit for a family member of a Polish citizen may apply for a temporary residence permit.
This is to regulate the situation of children of foreigners from previous relationships.
An application for such a permit may also be submitted by children who are staying in Poland illegally and the residence permit cannot be refused to a child solely due to illegal stay. The applicant is not obliged to have health insurance or a stable and regular source of income. He/she also does not have to prove that he has a place of residence.
(II) Residence permit under the provisions on family reunification
This type of permit is dedicated to families of foreigners when other family members join a foreigner living already in Poland. As it was mentioned above, only the spouse and minor children (up to 18 years of age) are considered to be the foreigner’s family. The permit for spouses and children of foreigners is issued at the request of the spouse or parent present in Poland but both parties must meet certain conditions:
b) requirements for the applicant (person joining the foreigner):
It should be emphasized that the period for which the permit is granted to a person joining the family depends strictly on the period that the foreigner is allowed to stay legally in Poland. If the foreigner joined by the family has the right to temporary residence, then the residence permit for the family will be issued exactly for the same period. Suppose the foreigner joined by the family has the right of permanent residence in Poland, a long-term resident’s EU residence permit or benefits from one of the forms of international protection. In that case, the family permit is granted for a period of up to three years.
Minor children of a foreigner staying in Poland may also apply for a permit under the provisions on family reunification. Moreover, this possibility applies not only to the foreigner’s biological children but also to other children over whom he or she exercises parental authority – adopted children and other children who are dependent on him or her (for example, the spouse’s children from a previous relationship).
