Foreigner who arrives or resides on the territory of Poland in order to join his/her family member, who already resides in Poland on the basis of one of the following residence titles:
- on the basis of permanent residence permit,
- on the basis of residence permit for EU long-term resident,
- has been granted a refugee status,
- has been granted a subsidiary protection,
- for the period of at least 2 years on the basis of subsequent temporary residence permit, including directly prior to submitting the application for temporary residence permit for family members – on the basis of the permit which was granted to him/her for a period of residence not shorter than 1 year,
- on the basis of temporary residence permit in order to conduct research,
- on the basis of temporary residence permit which was granted in order to conduct research when the foreigner has the residence document referred to in Article 1(2) a of Council Regulation no. 1030/2002, with an annotation “Researcher” issued by other EU member state, if the contract for the purpose of research project’s implementation concluded with the relevant scientific unit of this state envisages conducting research also on the territory of the Republic of Poland,
- on the basis of temporary residence permit in order to perform highly qualified employment,
- in connection with residence permit for humanitarian reasons.
Family member of the aforementioned foreigner is:
- the person who remains in marital relationship regarded by the law of the Republic of Poland;
- minor child of the foreigner and person who remains in marital relationship regarded by the law of the Republic of Poland, including adopted child;
- minor child of the foreigner, including adopted child who is the foreigner’s dependent and over whom the foreigner exercises actual parental authority;
- minor child of the person mentioned in (a), including adopted child who is his/her dependant and over whom he/she exercises actual parental authority;
- direct ascendant or adult who is responsible for the minor foreigner who has refugee status or is under supplementing protection, who resides on the territory of the Republic of Poland without care.
|Where to apply|
The application for a family member is made by the foreigner who lives on the territory of the Republic of Poland to whom member of his/her family arrives or with whom he/she arrives to the voivode competent with regard to the place his/her residence.
Presence of a family member for whom the foreigner makes the application is not obligatory.
Presence of the aforementioned family members will be obligatory after issuance of the decision on granting temporary residence permit, during making the application for issuing the residence card in order to take their fingerprints.
Note: Lack of any of the aforementioned documents will result in margin call within 7 days from its delivery, under pain of leaving the application without examination.
Standard documents necessary for examination of the application:
Note: Documents listed below attached to the application may reduce the quantity of official correspondence and shorten the time which is necessary to handle the case.
Note: The requirement to have a permanent and regular source of income is deemed met also when subsistence costs of a foreigner are covered by a family member obliged to maintain them, who lives on the territory of the Republic of Poland.Note: In the procedure on granting temporary residence permit the authority that conducts the procedure is obliged to determine whether marriage between foreigners was entered into in order to evade the Act on foreigners. In the case of explanations or particularization of evidence during proceedings the foreigner may be called to deliver other documents or to submit testimonies which confirm circumstances referred to in the application and circumstances concerning the purpose of marriage.
|Duration of validity of permits|
Temporary residence permits shall be granted if circumstances which are the basis to apply for this permit justify the residence on the territory of the Republic of Poland for a longer period than 3 months.
Temporary residence permit is granted for a period which is necessary to complete the object of this residence on the territory of Poland longer than 3 months to 3 years, with the possibility to apply for subsequent permits.
|Appeals||It is possible to submit a request for reconsideration of visa application to a consul or to appeal a negative decision on granting a residence permit before the Head of the Office for Foreigners. A further appeal can be brought before the administrative courts.|
|Access to employment||This permit entitles to perform work without additional document which authorizes the foreigner to perform work in the form of the work permit. The residence card, granted in connection with this permit includes a note “access to the labour market”.|
|Access to education||A non-EU family member who holds a residence permit on the basis of family reunification has equal access to all levels of education.|
Permanent residence permit �or EU long-term residence permit
A foreigner, being child of a foreigner who has been given permanent residence permit or residence permit for EU long-term resident remaining under their parental authority:
a) born after granting a permanent residence permit or residence permit for EU long-term resident to this foreigner, or
b) born during the term of validity of the temporary residence permit granted to the foreigner.
The permit is granted for indefinite time.The same permits are granted to a foreigner if he/she had been married under Polish law to a national of the Republic of Poland for minimum 3 years prior to the date on which he/she filed an application for a permanent residence permit, and, immediately before filing such a permit, resided uninterruptedly in the territory of the Republic of Poland for a period of no less than 2 years on the basis of a temporary residence permit granted in connection with being married to a national of the Republic of Poland or in connection with being granted refugee status, subsidiary protection or a residence permit for humanitarian reasons.