The need to respect the right to family life – in the absence of a residence title

Documents

a. Documents required at the application stage

A foreigner applying for a temporary residence permit due to other circumstances (Article 187 point 6 of the Act on Foreigners) submits to the voivode competent for the place of their stay:

• completed, in accordance with the instruction, application form for a temporary residence permit - under pain of leaving the application unprocessed. Rules for completing the application are presented in the following stage: “Completing the application”. This section also contains the application itself to be filled in in MOS and downloaded.

• 4 up-to-date photographs that clearly show the foreigner's face, without a hat and obscuring lenses, meeting the detailed criteria defined by law, i.e., undamaged, in colour, with good sharpness; 35 mm x 45 mm; made not earlier than 6 months before the date of submitting the application; showing the face from the top of the head to the top of the shoulders, so that the face covers 70-80% of each photo, against a uniform light background, showing the foreigner facing straight, with open eyes, uncovered hair, with a natural face expression and closed mouth, as well as showing the natural the colour of their skin; clearly showing the foreigner's eyes, especially their pupils, and the foreigner's eye line parallel to the upper edge of the photograph - under pain of not processing the application.

The regulations allow for a situation in which:

• a foreigner who wears a headgear in accordance with the rules of their religion attaches to the application photographs showing them in this headgear, provided that the face is fully visible in the photograph, and they will attach a declaration of the foreigner on belonging to a religious community;

• a foreigner with congenital or acquired eye defects may attach to the application photographs showing them wearing glasses with dark lenses; in this case, however, they should attach documents confirming the disability, and if it is impossible to present them, submit a declaration of disability;

• the application will be accompanied by photographs with closed eyes, other than a natural expression of the face or with an open mouth, if it is objectively justified (e.g., by their health condition).

• a photocopy of a valid travel document (at the same time presents the person accepting the application with its original for inspection - under pain of leaving the application unprocessed);

  In a particularly justified case, if a foreigner does not have a valid travel document and they are not possible to obtain it, they may present another document confirming their identity in a way that does not raise any doubts. At the same time, they should document the objective inability to obtain a travel document and the efforts made to obtain it.

• Proof of payment of stamp duty. Go to the "Stamp duty” step for more information.

b. Other documents

At the stage of submitting the application, it is also desirable to present the documents necessary to confirm the data contained in the application and the circumstances justifying the application for a temporary residence permit.

Such evidence is not subject to the consequence of leaving the application unprocessed and may be supplemented in the course of the proceedings. However, it should be remembered that attaching full documentation already at the stage of submitting the application is in accordance with the interest of the party. It organizes and simplifies the procedure, because already at the initial stage, the authority can make correct determinations with regard to the foreigner's situation, which undoubtedly speeds up the process of processing the application and reduces the risks associated with the need for supplementing documentation by a foreigner in the further course of the procedure for granting a temporary residence permit.

The evidence to be presented in the proceedings includes:

• a copy of the identity card or passport of a family member residing in Poland. If they are foreigners – also a copy of the document constituting the basis for their stay in Poland (e.g., a copy of the decision on granting a permanent residence permit).

• evidence confirming the conduct of family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms, and at the same time confirming that the foreigner's further stay in Poland is necessary due to this circumstance

  The Act on Foreigners, or any other act, does not provide a closed catalogue of documents on the basis of which it can be concluded that a given foreigner leads a family life subject to convention protection, and each case is subject to individual, thorough assessment. The evidence includes all documents confirming the existence of real (i.e., factual, not only declared) and permanent, close personal ties (including those based on biological ties, but not necessarily) characterized by mutual interest, attachment, and dependence.

  These are all kinds of documents allowing to determine the nature and durability of the ties between the foreigner and the person with whom they refer (e.g., partner, spouse not recognized by the law of the Republic of Poland, child). These may be, for example, documents confirming cohabitation in the period preceding the submission of the application for a permit, documents confirming the maintenance of direct, telephone or e-mail contacts, testimonies or written statements of witnesses, documents confirming the possession of common offspring and all other types of documents useful in making the above-mentioned arrangements.

  Not in every case, the necessity of the foreigner's stay in Poland and the legitimacy of granting them a permit are stated. If the case concerns a foreigner who, together with their family, does not encounter significant obstacles to returning to the country of origin (e.g. the spouse stays in Poland only temporarily, and the children are small enough or have been staying in Poland recently) or if it concerns a foreigner who is an adult who claims to have their parent living in Poland, it is likely that such a permit will not be granted.

Remember!

• in the event of doubts as to the authenticity of the presented civil status document, the voivode may additionally require the certification of this document in the form of an apostille or its legalization by the Polish consul after prior authentication by the competent authority of the country of origin;

• the documents should be attached in the original or in a copy certified to be a true copy of the original by a notary public or the party's attorney who is an attorney-at-law or legal advisor; certification of the compliance of the copy with the original may also be made by an authorized employee of the voivodeship office in the administration office, upon presentation of the original document;

• documents drawn up in a foreign language must be presented together with a sworn translation into Polish; the register of sworn translators is kept by the Ministry of Justice and is available at: https://arch-bip.ms.gov.pl/pl/rejestry-i-ewidencje/tlumacze-przysiegli/lista-tlumaczy-przysieglych/search.html

• closely related documents should be presented jointly (e.g., a sublease agreement with a lease agreement) and be valid on the date the permit is issued.