Persons having a family life with an EU/EEA/Swiss national within the meaning of the European Convention on Human Rights

Temporary residence permit – family life with an EU/EEA/Switzerland citizen

Legal basis – Foreigners Act of 12 December 2013 – Article 160(3) of the Act, with implementing acts

To whom and for how long the permit may be granted

The foreign national having a family life, as defined in the European Convention for the Protection of Human Rights and Fundamental Freedoms, with a citizen of the Republic of Poland, another EU Member State, Norway, Iceland, Liechtenstein or Switzerland residing in the territory of the Republic of Poland and accompanying the foreign national in that territory.

A temporary residence permit may be granted to a foreigner if the circumstances that are the basis for applying for this permit justify his/her stay on the territory of the Republic of Poland for a period longer than 3 months.

A temporary residence permit is granted for the period of validity necessary to achieve the purpose of the foreigner's stay on the territory of the Republic of Poland, from 3 months to 3 years, with the possibility of applying for subsequent permits.

Where and when to submit the application

The foreign national submits the application in person no later than on the last day of their legal residence in the territory of the Republic of Poland to the competent province governor for the area where the foreign national resides. The foreign national is required to submit fingerprints when applying for the permit.
For foreign nationals who are minors – the application for a temporary residence permit is submitted by their parents or by guardians appointed by the court, or one of the parents/ one of the guardians appointed by the court.

For temporary residence permit applications for minor foreign nationals who have reached the age of 6, the minors concerned must be present when the application is being submitted

In case the foreigner stays abroad application for temporary residence permit under Article 160(1) of the Act on Foreigners is submitted by the citizen of the Republic of Poland, another EU Member State, Iceland, Norway, Liechtenstein or Switzerland residing in the territory of the Republic of Poland, to which the foreigner arrives, to the province governor on behalf of the foreigner whose written consent for submission of the application by that person should be attached to the application. The consent is treated as granting a power of attorney to act on behalf of a foreigner in a given proceeding. After issuing a positive decision, a foreigner is issued a special visa abroad in order to implement the permit. After arrival to Poland application for residence card should be submitted by the foreigner to the province governor with the finger prints taken in order to obtain a residence card.

Fees associated with granting permits

Stamp duty – PLN 340
Residence card fee – PLN 100
A minor foreign national who has not reached the age of 16 by the date when the application for a temporary residence permit is submitted, will be entitled to a reduction of PLN 50 in the fee for issuing the residence card.

Necessary documents

Application form for a temporary residence permit, completed in accordance with relevant instructions;
4 biometric photos;
Photocopy of a valid travel document (original available for inspection); in duly justified cases, i.e. where the foreign national does not hold a valid travel document and is unable to obtain the same, they may present another proof of identity.

Please note: Failure to submit any of the above-mentioned documents will result in the foreign national being requested to provide the missing documents within a deadline of not less than 7 days after service of the request, otherwise the application will not be considered.

Standard documents required for processing the application

Please note: Attaching the documents listed below to the application being submitted may reduce the amount of official correspondence and shorten the time needed to process the application.

declaration of a PL/UE/NO/IS/LI/CH citizen about residing in the territory of Poland, providing the address,
documentary evidence of having a family life with that citizen;
a residence registration certificate or a document confirming the right of residence for citizens of the EU, Norway, Iceland, Liechtenstein or Switzerland;
documents confirming having a source of stable and regular income sufficient to cover the costs of living for oneself and dependent family members (for a single person running a household - in the amount higher than PLN 776 net per month, for a person in the family - in the amount higher than PLN 600 net per month);
a document confirming the possession of health insurance within the meaning of the Act of 27 August 2004 on health care services financed from public funds or a document confirming that the insurer covers the costs of treatment on the territory of the Republic of Poland

Please note: The requirement to have a stable and regular source of income is considered fulfilled even if the foreign national’s subsistence costs are covered by their family member who is obliged to do so and who resides in the territory of the Republic of Poland.

Please note: During the procedure for authoring a temporary stay, the authority conducting the procedure is required to establish in particular whether there are actually any ties of a permanent nature between that foreign national and a citizen of Poland, another EU Member State, Norway, Iceland or Switzerland. If there is a need to provide explanations or clarification of the evidence held by a competent authority in a given case, the foreign national may be requested in the course of the proceedings to provide other documents or give evidence of the circumstances referred to in the application.

Residence status after application

If the application was submitted no later than on the last day of the foreigner's legal stay in Poland and does not contain formal defects or the formal defects have been supplemented on time, the province governor places a stamp in the foreigner's travel document confirming the submission of the application for a temporary residence permit. The stay of a foreigner on the territory of the Republic of Poland is considered legal from the date of submission of the application to the date on which the decision on the application for a temporary residence permit becomes final.

Please note: A stamp in the travel document does not entitle the foreigner to travel within the territory of other Schengen states. A foreigner may travel to the country of origin, but in order to return to Poland he/she should obtain a visa if he/she comes from a country covered by the visa obligation

Case processing time

The decision on application for temporary residence permit will be issued not earlier than 1 month after submitting a complete application.

The document issued after obtaining the permit

A foreign national who obtained a permit to reside in Poland on a temporary basis is issued with a residence card. This document is issued ex officio by the province governor who granted the permit to the foreign national.

The residence card is used during its validity as proof of identity of the foreign national during their stay in the territory of the Republic of Poland and – together with a valid travel document – entitles the holder to cross the border multiple times without a visa.

The foreigner collects the residence card in person. If the residence card has been issued to a foreigner who has not turned 13 by the date of its receipt, the card is collected by his/her statutory representative or a guardian.

Information obligations related to permits

A foreign national who has been granted a temporary residence permit is obliged to notify the province governor who granted the permit within 15 working days once the reasons for granting the permit no longer apply. If the temporary residence permit has been granted by the Head of the Office for Foreigners in the second instance, the above notification should be sent to the province governor who has ruled on whether to grant the permit in the first instance. Failure to do so may result in refusal to grant a further temporary residence permit, if the application for another temporary residence permit is submitted within one year after expiry of the previous permit or from the date on which the decision to revoke the temporary residence permit becomes final.

Right to work

This permit does not entitle the holder to work in Poland. A work permit must be obtained to take up employment, unless this is not required.

Obligation to leave Poland after refusal or withdrawal of the permit

A foreigner is obliged to leave the territory of the Republic of Poland within 30 days from the date on which the decision on refusal to grant him/her a temporary residence permit, the decision to discontinue the proceedings in this case or the decision to withdraw the issued permit became final, and in the case of a decision issued by authority of a higher degree, from the date on which the final decision was delivered to the foreigner, unless the foreigner is entitled to stay on the territory of Poland on a different basis.