Temporary residence permit (for a foreigner leading a family life with an EU/EEA/CH citizen – other persons leading a family life within the meaning of the Convention on Human Rights and Fundamental Freedoms)

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Decision

After reviewing the evidence and supplementing it, if necessary, the voivode makes an administrative decision on granting the permit, unless there are obstacles to granting it, including the assessment that the requirements for the permit have been met.

A foreigner who has obtained a permit is issued a residence card (more information in: “Residence card”).

The voivode will issue an administrative decision refusing to grant a temporary residence permit to a foreigner if they find that there are grounds for refusing to grant a permit, which may be related to:

  • a failure to meet the requirements for a temporary residence permit due to the declared purpose of stay or finding that the circumstances that are the basis for applying for this permit do not justify the foreigner's stay on the territory of the Republic of Poland for a period longer than 3 months, or

  • the foreigner's data being entered into the list of foreigners whose stay on the territory of the Republic of Poland is undesirable, or the foreigner's data being entered in the Schengen Information System for the purposes of refusing entry, or

  • state defense or security or protection of public safety and order or obligations resulting from the provisions of ratified international agreements binding for the Republic of Poland, or

  • submitting an application in the proceedings for granting a temporary residence permit containing false personal data or false information or attaching documents containing such data or information to the applications, or declaring untruth or concealing the truth, or forging or altering a document in order to use it as authentic or using such a document as authentic, or

  • arrears in paying taxes, except in cases when they obtained a legal exemption, deferral, distribution of overdue payments into instalments or suspension of the entire execution of a decision of a competent authority, or

  • a failure to reimburse costs related to the issuance and execution of a decision obliging the foreigner to return, as were covered by the state budget, or

  • no consent to treatment, in a situation of being subject to the obligation of treatment pursuant to Art. 40 par. 1 of the Act of 5 December 2008 on the prevention and combating of infections and infectious diseases in humans,

  • submitting the application during illegal stay on the territory of the Republic of Poland or illegal stay on this territory on the date of issuing the decision.

The decision to refuse a permit may be appealed against to the Head of the Office for Foreigners (more in: “Appeal").

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