Temporary residence permit for the purpose of family reunification (minor child or stepchild of a foreigner)

Proceedings in the case

In the procedure for granting a temporary residence permit for a citizen's family member, only a minor foreigner who is represented in the proceedings by a legal representative is a party.

If there is a minor staying in Poland, then their statutory representative fills in and sends the application to MOS, then prints, signs, and submits it in person (in the presence of the minor, if they have reached the age of 6) along with the necessary documents. In these activities, they cannot be replaced by a delegate. In the case of a minor under 6 years of age, submitting the application does not require a personal appearance at the voivodeship office – the application may be sent by post or submitted to the office by an authorized person.

If the minor is abroad, then the above-mentioned activities are performed by a family member (parent or authorized stepfather/stepmother) to whom they intend to join in Poland.

The authority competent to consider the application is the voivode competent for the place of stay or planned stay of the minor foreigner in Poland (if they are abroad) – this voivode accepts the application from the child's parent or spouse authorized by him, initiates (or refuses to initiate) and conducts proceedings regarding the granting of a temporary residence permit. The body of a higher degree in relation to the voivode is the Head of the Office for Foreigners.

The administrative procedure for granting a temporary residence permit is initiated upon the request stated in the application.

Except in the case of a failure to submit fingerprints, the voivode refuses to initiate proceedings if at least one of the circumstances listed in Art. 99 par. 116 of the Act on Foreigners is a fact on the day of submission of the application:

• the foreigner has an indefinite permit on the territory of the Republic of Poland (permanent residence permit / EU long-term resident's permit),

• stays in Poland on the basis of a Schengen visa authorizing only to enter this territory, issued for the purpose referred to in art. 60 par. 1 point 23 of the Act on foreigners (i.e., arrival for humanitarian reasons, due to the interest of the state or international obligations),

• stays in Poland on the basis of a temporary residence permit, granted in the cases referred to in Art. 181 par. 1 of the Act on foreigners - which is a permit issued due to special circumstances requiring a short-term stay,

• is covered by forms of international protection on the territory of the Republic of Poland (refugee status, subsidiary protection, temporary protection) or national protection (asylum, tolerated stay permit, consent to stay for humanitarian reasons) or applies for international protection or asylum,

• is detained, placed in a guarded center or is subject to a preventive measure in the form of a ban on leaving the country,

• serves a sentence of imprisonment or temporarily arrested,

• stays on the territory of the Republic of Poland after they were obliged to return, and the period of voluntary departure specified in the decision obliging the foreigner to return has not yet expired, also in the case of extension of this period,

• is obliged to leave the territory of the Republic of Poland in the cases referred to in Art. 299 par. 6 of the Act on Foreigners (i.e., there is an obligation to leave the territory of the Republic of Poland related to the completion of the procedures listed in this provision)

• stays outside the Republic of Poland.

A refusal to initiate the proceedings takes the form of an order against which a complaint may be lodged.

The entire procedure for granting a temporary residence permit has been constructed by the legislator with the assumption that a minor foreigner (if over 6 years of age) will have to appear at the voivodeship office at most twice – for the first time when submitting an application (for a permit or an application for a residence permit – after granting the permit and entering the Republic of Poland), and then to collect a personalized residence permit after the permit has been granted. Any additional visits may result only from the course of a specific procedure, in particular to provide explanations (testimonies) regarding the essential circumstances of granting the permit.

A letter containing information about the proceedings, including its signature, the planned date of completion and the right to read the case file and supplement it, will be served during their visit to the office for submitting the application or sent following the submission of the application by post to the address of the child's parent (parent or spouse – if the child is abroad) indicated in the application. This letter may contain a request to supplement the formal deficiencies of the application and/ or a request to supplement the application with further, necessary documents.

In the course of the proceedings, the administrative authority handling the case shall provide the party with the necessary instructions and guidance. Thus, unless the child's parent (or authorised stepfather) provides all the evidence necessary to grant them permission at the application stage, they will be requested by the authority in writing to provide it within a set period of 7 to 14 days. If, after reading, it turns out that the request is not understandable, they should ask the authority to clarify it. The summons will be delivered to the foreigner with a receipt by the postal operator at the address indicated by them or by ePUAP (or delivered to their representative, if established). Detailed rules for service are regulated by Chapter 8 of the Code of Civil Procedure – Service.

Remember!

• It is in the interest of the party to work closely with the authority on the application.

• When changing the delivery address, notify the authority of this fact.

• When going abroad, appoint a representative for service in Poland.

More information in: The most common mistakes.