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

Requirements

In order for a foreigner to be able to obtain a temporary residence permit referred to in Article 187(6) of the Act on Foreigners, it is necessary for them to meet the following requirements in a cumulative manner:

• They are persons entitled to apply for a temporary residence permit – they are therefore third-country nationals or a stateless person and are staying illegally on the territory of Poland at the time of the application,

• leads family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms with a citizen of the Republic of Poland or a foreigner/stateless person residing in Poland, and this circumstance justifies their stay in Poland for a period longer than 3 months,

• their stay in Poland is necessary due to the above-mentioned circumstance,

• completes the formal requirements related to the permit, including: submit the application in person, on the form, together with the necessary attachments, as well as present 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.