A child of a foreigner born during the term of validity of the holder’s national visa or a temporary residence permit

This announcement does not constitute any source of law. The authors showed due diligence for it to be compliant with the binding legal regulation. However, it is necessary to remember that it concerns typical frequently occurring cases, and may not fully refer to particular cases. The number and type of documents, which may be required by administrative authorities during the proceedings, may differ from the listed on a case-by-case basis. In case of any doubts, it is necessary to contact the authority competent for hearing the individual case or to independently review the legal regulations.

Temporary residence permit – minor child of a foreigner born in the period of validity of a national visa or temporary residence permit

Legal grounds – Act of 12 December2013, on Foreigners – Article 160 (2) of the Act – along with implementing acts

To whom and for what period of time it may be granted

Minor child of a foreigner, who resides within the territory of the Republic of Poland on the basis of a national visa or temporary residence permit, if the child was born within the period of validity of the national visa or temporary residence permit.

Temporary residence permit shall be granted if the circumstances, which constitute the basis for application for the permit, justify the foreigner’s stay within the territory of the Republic of Poland for a period longer than 3 months.

Temporary residence permit shall be granted for the period from the day, when the validity period of the national visa or temporary residence permit granted to the legal representative of the child, shall expire.

Where and when to make the application

In the case of a foreigner being a minor, application for granting temporary residence permit shall be made by parents or guardians appointed by court, or one of the parents or guardians appointed by court.

The application shall be made to the voivode competent for the place of residence of the foreigner.

Fees related to granting the permit

Stamp duty PLN 340

Fee for issuing a residence card PLN 50

Minor foreigner, who until the day of making the application for temporary residence permit has not reached the age of 16 years old shall be entitled for PLN 25 reduction in the fee for issuance of a residence card.

Necessary documents

  1. Completed in accordance with the instructions form of the application for granting temporary residence permit;
  2. Four photographs:
  3. Xerox copy of a valid travel document (original for inspection), in a particularly justified case, when the person has no valid travel document and it is impossible to obtain it, he/she may present other identity confirming document..

Note: Absence of any of the aforementioned documents shall result in a call upon the foreigner for supplementing thereof within the period of 7 days from service of the call under pain of leaving the application unprocessed.

Typical documents needed for processing the application

Note: Attaching the filled documents to the application before its submission may reduce the number of official correspondence and shorten the time of settling the case.

  1. certified copy of Birth Certificate of the child;
  2. document confirming the child’s parents holding the legally required temporary residence permit or a visa;
  3. documents certifying a source of stable and regular income sufficient to cover living expenses for themselves and any dependent family members thereof (for a person in a family – in the amount higher than net PLN 528 per month), e.g. PIT tax return on the amount of income earned by the parent making the application for the last tax year or the relevant ZUS statement. Note:The requirement of having a stable and regular source of income shall be deemed fulfilled also when the costs of living of the foreigner will be covered by a family member responsible for supporting the foreigner and residing on the territory of the Republic of Poland.
  4. documents certifying holding a health insurance as defined by the Act of 27 August 2004 on health care services financed from public funds or confirmation of insurer’s coverage of medical treatment costs within the territory of the Republic of Poland;
  5. document confirming a place of residence provided (e.g. confirmation of registration, apartment rent contract, other contract enabling possession of a dwelling, or statement of a person authorised for possession of a dwelling on provision of a place of residence to the foreigner).

Note: In the case of a need for explaining and clarification of the evidence held by the authority in the case, during the proceedings the receiving unit may be called upon to provide additional documents or to provide testimonies confirming the conditions mentioned in the application.

Case settlement period

Issuance of the decision on granting the permit shall occur not earlier than after 1 month from the day of initiation of the proceedings.

Document issued after obtaining the permit

The foreigner who has obtained the temporary residence permit within the territory of Poland is issued with a residence card. The document is issued ex-officio by the voivode who has granted this permit to the foreigner.

In its validity period the residence card confirms the identity of the foreigner during that persons stay within the territory of the Republic of Poland and, together with the travel document, provides the right for multiple crossing the border without the need to obtain a visa.

The document should be received in person. In the case when the residence card was issued to a foreigner who by the day of receipt thereof has not reached the age of 13, the card shall be received by a statutory representative or a curator thereof.

The obligation to leave Poland upon refusal, discontinuation or revocation of the permit

The foreigner is obliged to leave the territory of the Republic of Poland within 30 days following the day, when the decision on refusal to grant the temporary residence permit, the decision on discontinuing the aforementioned case or the decision on revocation of the permit has become final, in the case of issuing the decision by the higher degree authority, following the day of servicing the decision to the foreigner, unless that person is entitled to stay within the territory of Poland on another basis.