A spouse, a minor child or child-in-law of the foreigner and parents or caretakers a minor beneficiary of international protection staying in Poland unattended – a temporary residence permit for family reunification

This announcement does not constitute any source of law. The authors showed due diligence for it to be compliant with the binding legal regulation. However, it is necessary to remember that it concerns typical frequently occurring cases, and may not fully refer to particular cases. The number and type of documents, which may be required by administrative authorities during the proceedings, may differ from the listed on a case-by-case basis. In case of any doubts, it is necessary to contact the authority competent for hearing the individual case or to independently review the legal regulations.

Temporary residence permit – for the purpose of family reunification

Legal grounds – Act of 12 December2013, on Foreigners – Article 159 of the Act – along with implementing acts

To whom and for what period of time it may be granted

Family members of foreigners living in Poland on the basis of one of the following residence titles, staying within the territory of Poland for the purpose of family reunification:

1. on the basis of the permanent residence permit,
2. on the basis of a residence permit for EU long-term resident,
3. in relation with granting refugee status,
4. in relation with granting subsidiary protection,
5. at least for the period of 2 years on the basis of the consecutive temporary residence permits, including directly prior to making the application for granting temporary residence permit for a family member – on the basis of a permit granted thereto for the period of stay not shorter than 1 year,
6. on the basis of a temporary residence permit for the purpose of conducting scientific research,
7. on the basis of a temporary residence permit for the purpose of long-term mobility of a scientist,
8. on the basis of a temporary residence permit for the purpose of highly qualified employment,
9. on the basis of a temporary residence permit for the purpose of work under the Intra-corporate transfer,
10. on the basis of a temporary residence permit for the purpose of exercising long-term mobility of a management employee, specialist or an employee under training under the Intra-corporate transfer.
11. on the basis of a temporary residence permit granted to a foreigner, who has finished scientific research or development works and seeks employment within the territory of Poland or plans to set up economic activity within the territory,
12. in relation with granting permit to stay for humanitarian reasons.

Family member of the aforementioned foreigner is:

1. a person who is married to that person and the marriage is recognized under the law of the Republic of Poland;
2. a minor child of the foreigner and the person married thereto by marriage recognized under the law of the Republic of Poland, including also an adopted child;
3. a minor child of the foreigner, including also an adopted child, dependant on the foreigner, over whom the foreigner effectively exercises parental custody;
4. a minor child of the person referred to in letter a, including also an adopted child, dependant on the foreigner, over whom the person effectively exercises parental custody;
5. a direct ascendant or an adult responsible for a minor foreigner, who was granted refugee status or subsidiary protection, staying within the territory of the Republic of Poland unattended.

Temporary residence permit shall be granted if the circumstances, which constitute the basis for application for the permit, justify the foreigner’s stay within the territory of the Republic of Poland for a period longer than 3 months.

Temporary residence permit shall be granted for the period necessary for implementation of the purpose of the foreigner’s stay within the territory of Poland, exceeding 3 months up to 3 years, with the possibility to apply for the subsequent permits.

Manner of making the application

Foreigner shall make an application in person, not later than on the last day of legal stay within the territory of the Republic of Poland to the voivode competent for the place of residence of the foreigner.
When making the application the foreigner shall be obliged to provide fingerprints.

In the case of a foreigner being a minor, application for granting temporary residence permit shall be made by parents or guardians appointed by court, or one of the parents or guardians appointed by court.

In the case of making an application for temporary residence permit for a foreigner being a minor, who has reached the age of 6 years old by the day of making the appointment, presence thereof is required.

Note: If the foreigner resides outside the territory of the Republic of Poland, the application for granting temporary residence permit for the purpose of family reunification shall be made by a foreigner residing in Poland, who will receive the family member. Making the application by a family member of the foreigner requires a written consent thereof or their legal representative consent, unless the applicant is legal representative thereof. Expression of the consent is equal with granting the foreigner residing within the territory of Poland power of attorney for acting on behalf of the family member in the given proceedings.

Presence of the aforementioned family members shall be obligatory after issuance of the decision on granting temporary residence permit, at making the application for issuance of a residence card, for the purpose of provision of fingerprints thereby.

Fees related to granting the permit

Stamp duty PLN 340

Fee for issuing a residence card PLN 50

Minor foreigner, who until the day of making the application for temporary residence permit has not reached the age of 16 years old shall be entitled for PLN 25 reduction in the fee for issuance of a residence card.

Necessary documents

1. Completed in accordance with the instructions form of the application for granting temporary residence permit;
2. Four photographs:
3. Xerox copy of a valid travel document (original for inspection), in a particularly justified case, when the person has no valid travel document and it is impossible to obtain it, he/she may present other identity confirming document..

Note: Absence of any of the aforementioned documents shall result in a call upon the foreigner for supplementing thereof within the period of 7 days from service of the call under pain of leaving the application unprocessed.

Typical documents needed for processing the application

Note: Attaching the filled documents to the application before its submission may reduce the number of official correspondence and shorten the time of settling the case.

1. Documents confirming the level of kinship (civil-status extracts: certified copy of Marriage Certificate, certified copy of Birth Certificate);
2. documents constituting evidence of the foreigner, who intends to reside within the territory of Poland, holding the required residence title;
3. documents constituting evidence of the foreigner, applying for the permit, having a stable and regular source of income sufficient to cover the living costs of the foreigner and any dependant family members (for a person in a family – in the amount higher than net PLN 528 per month), e.g. PIT tax return on the amount of the income, for the last tax year, earned by the foreigner making the application or a family member for the last year or a relevant ZUS statement;
4. Note:The requirement of having a stable and regular source of income shall be deemed fulfilled also when the costs of living of the foreigner will be covered by a family member responsible for supporting the foreigner and residing on the territory of the Republic of Poland.
5. documents certifying that the foreigner applying for the permit holds a health insurance as defined by the Act of 27 August 2004 on health care services financed from public funds or confirmation of insurer’s coverage of medical treatment costs within the territory of the Republic of Poland;
6. document confirming a place of residence provided ,e.g. confirmation of registration, apartment rent contract, other contract enabling possession of a dwelling, or statement of a person authorised for possession of a dwelling on provision of a place of residence to the foreigner).

Note: In the case proceeding for granting temporary residence permit, the body which conducts the proceedings shall be obligated to determine whether the marriage between the foreigner was concluded to circumvent the Act on Foreigners. In the case of a need for explaining and clarification of the evidence held by the authority in the case, during the proceedings the foreigner may be called upon to provide additional documents or to provide testimonies confirming the conditions mentioned in the application or the circumstances concerning purpose of the marriage.

Residence status after submitting the application

If the application was made during legal stay of the relevant foreigner and the application is free of any formal defects or the formal defects have been corrected within the deadline, voivode shall include the travel document of the foreigner with a stamp imprint, confirming making the application. The foreigners stay is deemed legal from the day of submitting the application until the day when the decision in the case of granting temporary residence permit would become final.

NOTE:
Including an imprint of a stamp in the foreigner’s travel document does not entitle the foreigner to travel within the territory of other Schengen States, but the foreigner may leave for the country of origin, however, in order to return to Poland it is necessary to obtain a visa if that person originates from a country subject to the visa obligation..

Case settlement period

Issuance of the decision on granting the permit shall occur not earlier than after 1 month from the day of initiation of the proceedings.

Document issued after obtaining the permit

The foreigner who has obtained the temporary residence permit within the territory of Poland is issued with a residence card.

If the foreigner has independently made the application for granting temporary residence permit while staying within the territory of Poland, the document is issued ex-officio by the voivode who has granted this permit to the foreigner.

If the application for granting temporary residence permit was made on behalf of a foreigner residing abroad by a family member thereof. Residence card shall be issued at an  application of the foreigner, for whom the permit was granted. The body competent for issuance of residence cards is the voivode who granted the temporary residence permit to the foreigner. Presence of the foreigner shall be required at making the application for a residence card, for the purpose of providing fingerprints.

In its validity period the residence card confirms the identity of the foreigner during that persons stay within the territory of the Republic of Poland and, together with the travel document, provides the right for multiple crossing the border without the need to obtain a visa.

The document should be received in person. In the case when the residence card was issued to a foreigner who by the day of receipt thereof has not reached the age of 13, the card shall be received by a statutory representative or a curator thereof.

Information obligations related with obtaining the permit

Within 15 working days the foreigner who was granted temporary residence permit shall notify the voivode who has granted the permit that the reason for granting thereof no longer applies. If the temporary residence permit was granted by the Head of the Office in the second instance, the aforementioned notification shall be addressed to the voivode, who made the decision in the case of granting the permit in the first instance. Failure to fulfil this obligation may result in refusal to grant subsequent temporary residence permit, if the application for granting the subsequent temporary residence permit was made before the end of a year before the expiry date of the previous permit or by the day in which the decision on withdrawal of the temporary residence permit has become final.

The right for performance of work

The permit provides entitlement to work without the need to hold additional document allowing the foreigner to perform work in the form of work permit. The residence card issued in relation with granting the foreigner the temporary residence permit shall be annotated with “access to labour market”.

The obligation to leave Poland upon refusal, discontinuation or revocation of the permit

The foreigner is obliged to leave the territory of the Republic of Poland within 30 days following the day, when the decision on refusal to grant the temporary residence permit, the decision on discontinuing the aforementioned case or the decision on revocation of the permit has become final, in the case of issuing the decision by the higher degree authority, following the day of servicing the decision to the foreigner, unless that person is entitled to stay within the territory of Poland on another basis.