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

Requirements

In order 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 apply for a temporary residence permit for the purpose of family reunification - therefore they are third-country nationals or stateless persons, and at the time of submitting the application in this case, they reside outside Poland or reside legally in Poland (excluding residence in for humanitarian purposes).

• The spouse to whom they intend to join or with whom they already reside in Poland are third-country nationals 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), or

• 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.

• He remains in a marriage with such a foreigner recognized by the law of the Republic of Poland.

• Being married 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.

• The marriage was not concluded for the sake of appearances, i.e., to circumvent the Regulations defining the terms and conditions of entry of foreigners into the territory of the Republic of Poland, their passage through this territory, stay in it and departure from it.

• It will meet the formal requirements related to the permit, including:

● if you are in Poland:

- submit the application in person, on the form, together with the necessary attachments, and also show a valid travel document (or in justified cases, if the foreigner does not have a travel document and it is not possible to obtain it – another document confirming their identity), give fingerprints (except when it is not physically possible to take fingerprints) and pay stamp duty.

● if you are abroad:

- gives written consent for the spouse residing in Poland to submit an application for a permit on their behalf, and the spouse with such authorization will submit an application on the form, together with the necessary attachments, including a copy of the spouse's travel document, and pay stamp duty.

After granting the permit and arriving at the Republic of Poland, the foreigner should appear in person at the voivodeship office to submit an application for a residence permit. This involves the need to show a travel document and fingerprints.