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

Requirements

For a foreigner to be able to obtain a temporary residence permit for the purpose of family reunification, it is necessary for them to meet the following requirements in a cumulative manner:

• they are people entitled to a temporary residence permit for the purpose of family reunification – they are therefore third-country nationals or a stateless person who are:

• a minor child of a third-country national and a person in a marriage with them recognised by the law of the Republic of Poland (including an adopted child)

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

• a 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 effectively exercises parental authority over that minor,

- and at the time of making a request in this matter, they are outside the territory of the Republic of Poland or stay in Poland legally (excluding the stay of m.in for humanitarian purposes);

• their parent or stepfather /stepmother (sponsor), to whom they intend to join or with whom they already reside in Poland, are third-country citizens residing in Poland on a specific basis, i.e.:

• on the basis of an indefinite residence permit granted by the authorities of the Republic of Poland (i.e., a permanent residence permit, a long-term EU resident's residence permit), or

• in connection with their being granted international protection in Poland (i.e., in connection with granting them refugee status or in connection with granting them subsidiary protection) or in connection with granting them permission to stay for humanitarian reasons, or

• from at least 2 years on the basis of subsequent temporary residence permits, including immediately before submitting the application for a temporary residence permit for a family member - on the basis of a permit granted to them for a period of stay of not less than 1 year, or

• on the basis of a temporary residence permit for the purpose of conducting scientific research (Article 151(1) of the Act on Foreigners), a temporary residence permit for the purpose of long-term mobility of a researcher (Article 151b of the Act on Foreigners) or a national visa for the purpose of conducting scientific research or development works, or

• on the basis of a temporary residence permit for the purpose of performing work in a profession requiring high qualifications (Article 127 of the Act on Foreigners)

• on the basis of a temporary residence permit granted for the purpose of performing work as part of an intra-corporate transfer (Article 139a of the Act on Foreigners) or for the purpose of benefiting from the long-term mobility of a managerial employee, specialist, or trainee employee, as part of an intra-corporate transfer (Article 139o of the Act on Foreigners), or

• on the basis of a temporary residence permit due to other circumstances (Article 186(1)(7) of the Act on Foreigners), or

• on the basis of the right of residence or the right of permanent residence of a national of the United Kingdom of Great Britain and Northern Ireland referred to in Article 10(1) (. b) and (d) of the Withdrawal Agreement;

• the exercise of the right to family reunification is the basis for applying for a temporary residence permit and at the same time must justify their stay on the territory of the Republic of Poland for a period longer than 3 months;

• has health insurance within the meaning of the Act of 27 August 2004 on health care services financed from public funds or confirmation of coverage by the insurer of the costs of treatment on the territory of the Republic of Poland;

• has a source of stable and regular (i.e., relatively stable and continuity) income sufficient to cover the cost of subsistence for themself and their dependent family members. The amount of income must be higher than PLN 776 per month if the foreigner manages independently and does not have dependents or exceed PLN 600 per month for each family member;

• has a guaranteed place of residence in Poland;

• the formal requirements related to the permit will be fulfilled, including:

● if the child is in Poland:

- their parent/guardian appointed by the court submits the application in person, on a form (the presence of the minor at the time of submitting the application is required, if they are over 6 years of age), together with the necessary attachments, and also presents a valid travel document of the minor (or, in justified cases, if they do not have a travel document and it is not possible to obtain it – another document confirming their identity), and pay stamp duty; the minor gives fingerprints (if they are at least 6 years of age and fingerprints are physically possible);

● if the child is abroad:

- the parent/guardian of the minor gives written consent to the sponsor's application for a permit (unless the sponsor is themself the child's legal representative – in which case such consent is not required) and the sponsor with such authorisation (if required) submits an application on the form, together with the necessary attachments, including a copy of the child's travel document and payment of stamp duty;

If the minor has reached the age of 6, then after granting the permit and their arrival at the Republic of Poland should appear in person at the voivodeship office together with the statutory representative to submit an application for a residence permit (due to the need to show a travel document and fingerprints).