Temporary residence permit for the purpose of family reunification (parent or guardian of an unaccompanied beneficiary minor)

Introduction

Migration rules ensure that certain sponsors can exercise their right to family reunification.

In the case of a minor beneficiary of international protection (i.e., a foreigner under 18 years of age who has been granted refugee status or subsidiary protection) who is in Poland unaccompanied, the regulations allow that a member of their family entitled to obtain a temporary residence permit for the purpose of family reunification also includes:

• their relative in a straight line (i.e., parent, grandfather / grandmother) or an adult responsible for them in accordance with the law of the Republic of Poland.

If the application for this permit is submitted within 6 months from the date on which the minor obtains refugee status or is granted subsidiary protection, the family member will not have to demonstrate that they meet the requirements for adequate means of subsistence, health insurance and accommodation in Poland.

This permit is granted in the form of an administrative decision by the voivode, competent for the place of stay of the foreigner in Poland, and in the case of appeal proceedings – by the Head of the Office for Foreigners, it is granted for the period necessary to achieve the purpose of the foreigner's stay on the territory of the Republic of Poland over 3 months to 3 years, with the possibility of applying for further permits.

This permit is not automatically renewed – before its expiry, a foreigner who has been granted a permit should apply for a temporary residence permit, e.g., another temporary residence permit for the purpose of family reunification, or an indefinite permit (i.e., a permanent residence permit or a long-term EU resident's residence permit), if they meet the requirements necessary to grant it.

In the event of the death of a minor, their parent may apply for the renewal of that permit if this is justified by their important interest. In such a situation, the permit is granted once, and the period for which it is granted does not exceed 3 years.