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

Introduction

The migration rules ensure that certain sponsors who are third-country nationals (i.e., not nationals of an EU country, Norway, Iceland, Liechtenstein, or Switzerland) or stateless persons can exercise their right to family reunification, including:

• a minor child of a third-country national and a person married to them (including an adopted child)

• a minor child of a third-country national (including an adopted child) who is dependent on that foreigner and over whom they effectively exercise parental responsibility

• to the minor stepson of a third-country national (including an adopted child) if the parent of that minor remains married to that citizen and maintains that minor and exercises effective parental authority over that minor.

A foreigner to whom a family member intends to join or with whom they are already staying in Poland (hereinafter referred to as the "sponsor") should reside on the territory of the Republic of Poland on a specific basis (detailed information on the grounds of stay can be found in the "Requirements" tab).

It is also required that the family member meet additional requirements with regard to the means of subsistence, health insurance and accommodation of a minor foreigner in Poland.

This permit is granted in the form of an administrative decision by the voivode, competent for the place of residence of the minor in Poland, and in the case of appeal proceedings – by the Head of the Office for Foreigners, until the date of validity of the temporary residence permit granted to their sponsor expires or up to 3 years - if they have an indefinite residence title in Poland.

This permit is not automatically renewed – the parent or guardian of the minor appointed by the court before its expiry 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 permit), provided that it meets the requirements necessary to grant it.

In the event of the death of a parent, it is possible to renew this permit, if it is justified by the important interest of the child, and the parent stayed in Poland on the basis of such a permit appropriate for the sponsor (detailed information on the grounds of stay can be found in the "Requirements" tab). In such a situation, the permit is granted once, and the period for which it is granted does not exceed 3 years.

Remember!

• Not every marriage valid in accordance with the law of the foreigner's country of origin is recognized by the law of the Republic of Poland. It must be a marriage of two persons of different sexes registered in accordance with the law, non-polygamous, without a purely religious character, of persons with the capacity to conclude it.

• Exercising parental authority in a real way means exercising real, ongoing care (care) over the person and property of the child – which is manifested by concern for ensuring living conditions (food, clothing, providing basic life needs), health, psychophysical and intellectual development of the child, providing them with proper upbringing and management. The exercise of effective parental responsibility is not the same as the exercise of rights of access.