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

Introduction

A third-country national (i.e., a person who does not have the citizenship of one of the EU countries, Norway, Iceland, Liechtenstein, or Switzerland) or a stateless person who is staying in Poland illegally may obtain the right to continue legal residence in Poland.

This right is granted in the form of a temporary residence permit due to other circumstances in the event that their further stay in Poland is necessary due to the need to respect the right to family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms, done in Rome on 4 November 1950. The exercise of this right is understood in a broad way, and the granting of the permit is aimed at preventing the separation of family members and covers such situations in which in the event of the foreigner's departure, the continuation of family life would be impossible or significantly difficult (i.e. a family member living in Poland could not leave with a foreigner due to certain objective difficulties, e.g. cultural, linguistic barrier or other restrictions, which could lead to the breakdown of ties).

This permit is a special type of temporary residence permit granted in exceptional situations, hence a foreigner does not have to demonstrate that they meet additional requirements, e.g., related to having adequate income, to obtain it.

This permit is granted in the form of an administrative decision by the voivode, competent for the place of residence of the foreigner, and in the case of appeal proceedings – by the Head of the Office for Foreigners, for the period necessary to achieve the purpose of stay – for a minimum period of more than 3 months, but not longer than for a period of 3 years.

A foreigner staying in Poland on the basis of this permit cannot apply for it again. If they are interested in continuing their stay in Poland, before its expiry, they should apply for a temporary residence permit for another purpose, e.g., work, or an indefinite permit (i.e., a permanent residence permit or a long-term EU resident permit).

Remember!

• Not every relationship of two persons is considered to lead a family life within the meaning of the Convention and justifies the necessity of a foreigner's stay in Poland. Merely remaining in a certain relationship (meeting, the so-called "walking with each other") is not considered to lead a family life in the light of the aforementioned convention.