Temporary residence permit for the purpose of family reunification (marriage recognized by the law of the Republic of Poland)

Proceedings in the case

In the procedure for granting a temporary residence permit for a citizen's family member, only a foreigner is a party.

If they are in Poland, then they fill out the application in MOS, then print it, sign it, and submit it in person along with the necessary documents. In these activities, the foreigner may not be replaced by a spouse or a representative.

If they are abroad, then in the above-mentioned activities they are replaced by a family member (spouse) 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 foreigner in Poland (if they are abroad) – this voivode accepts the application from the foreigner or their 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 shall be initiated upon request expressed in the application.

Apart from the case of failure to submit fingerprints, the voivode refuses to initiate proceedings if, on the day of submitting the application for this permit, at least one of the following circumstances listed in Article 99(1) of the Act on Foreigners occurs:

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

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

• resides in Poland on the basis of a temporary residence permit granted in the cases referred to in Article 181(1) of the Act on Foreigners – which is a permit issued due to special circumstances requiring a short-term stay,

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

• is detained, placed in a guarded centre or in custody for foreigners or is the object of a preventive measure in the form of a ban on leaving the country,

• is serving a custodial sentence or is in pre-trial detention,

• stays on the territory of the Republic of Poland after entering the territory of the Republic of Poland after getting a return decision, and the period of voluntary return specified in the return decision for the foreigner has not yet expired, also in the event of extension of this period,

• is obliged to leave the territory of the Republic of Poland in the cases referred to in Article 299(6) of the Act on Foreigners.

Refusal to initiate proceedings takes the form of a decision against which the appeal is lodged.

The entire procedure for granting a temporary residence permit was constructed by the legislator with the assumption that a foreigner will have to appear at the voivodeship office only twice – for the first time when submitting an application (application for a permit – if they are in Poland or an application for a residence permit – after entering the Republic of Poland), and then to receive a personalized residence permit after the permit has been granted. Any additional visits may result only from the course of specific proceedings, in particular for the purpose of giving explanations (testimonies) regarding the essential circumstances of entering into and remaining married.

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 the visit to the office used to submit the application or sent as a result of submitting the application by post to the address of the foreigner (or their spouse – if the spouse submitted the application) 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 foreigner (or their authorised spouse) provides all the evidence necessary to grant them permit at the application stage, they will be requested by the authority in writing to provide it within a prescribed period, usually between 7 and 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 governed by Chapter 8, Section I of the Code of Administrative Procedure – Service. More information about deliveries can be found in section: Administrative procedures.

Remember!

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

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

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

More information in the tab: Most common mistakes.