Temporary residence permit for a foreigner leading a family life with a citizen of the Republic of Poland – partner

Introduction

Polish law does not recognize informal unions (cohabitation, civil partnerships), marriages concluded within the same sex and of a purely religious nature, which does not mean that foreigners in such relationships with Polish citizens cannot apply for legalization of stay on the territory of the Republic of Poland due to this circumstance.

If a third-country national (i.e., a person who does not have the nationality of one of the EU countries, Norway, Iceland, Liechtenstein or Switzerland) or a stateless person proves that they lead a family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms, done in Rome on 4th November 1950, with a citizen of the Republic of Poland residing in Poland, with whom they stay jointly in this territory or to which they intend to join in Poland, and demonstrates compliance with additional requirements regarding the possession of health insurance and having a source of stable and regular income in the required amount, then they may be granted a temporary residence permit pursuance to Article 160 point 3 of the Act on Foreigners. The condition for granting this permit is to prove the existence of close personal ties between the partners, similar to marital ties. These ties must be real and permanent.

The fact of remaining in an informal relationship must also justify staying in Poland for a period longer than 3 months.

This permie is granted as an administrative decision by the voivode competent for the foreigner's place of stay, and in the case of appeal proceedings - by the Head of the Office for Foreigners, for the period necessary to achieve the purpose of stay - at least for a period of more than 3 months, but not longer than 3 years.

This permit is not automatically renewed - a foreigner interested in the continuation of stay in Poland before its expiry should apply for a temporary residence permit, e.g. another temporary residence on the same basis and work permit, or an indefinite permit (i.e. a permanent residence permit or an EU long-term resident permit), provided that they meet the requirements for granting it.

Remember!

Not every relationship of two persons is considered to lead a family life within the meaning of the Convention and justifies the foreigner's stay in Poland. Merely remaining in a certain relationship (meeting, the so-called "walking with each other") is not considered to lead a family life in the light of the aforementioned convention.