The need to respect the right to a family life

This information does not constitute source of law. Authors were duly diligent to make this information consistent with applicable legal regulations. It is good to remember that it concerns typical and frequent cases and may not fully refer to different matters. The number and the type of documents which may be necessary for administrative bodies throughout the procedure may vary depending on the specific case. In the case of any doubts contact competent authority for examination the individual case and become familiar with legal regulations on their own.

Temporary residence permit – the need to respect the right to a family life

Legal basis – Act of 12 December 2013 on foreigners – Article 187 item 6 of Act – along with executive acts

To whom and for how long may be granted

A foreigner, if their stay on the territory of the Republic of Poland is necessary, due to the necessity to respect the right to a family life, as defined by the Convention on Protection of Human Rights and Fundamental Freedoms, drawn up in Rome on 4 November 1950, and the foreigner stays on the territory of the Republic of Poland illegally.

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.

Where and when submit the application

The foreigner makes the application personally, no later than on the last day of the lawful residence on the territory of the Republic of Poland to the voivode competent with regard to the foreigner’s place of residence.

During making the application the foreigner is under obligation to give his/her fingerprints.

In the case of the foreigner who is a minor, application for temporary residence permit is made by parents or appointed court guardians or one of parents or one of the appointed court guardians.

During making the application for temporary residence permit in the case of the foreigner who is a minor, and is under the age of 6, his/her presence is not required.

Fees related to residence permit:

Stamp duty PLN 340
Fee for residence card PLN 50

A minor foreigner who, by the date of submitting an application for a temporary residence permit, is under the age of 16, is entitled to a discount in the fee for issuing a residence card in the amount of PLN 25.

Necessary documents:

  1. Completed form of the application for temporary residence permit, in accordance with information;
  2. 4 up-to-date photographs;
  3. Photocopy of a valid travel document (original available for inspection), in particularly justified case if the foreigner does not have a valid travel document and it is not possible to obtain such document, may present another document which confirms his/her identity;

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.

  1. Documents proving running a family life, as defined by the Convention on Protection of Human Rights and Fundamental Freedoms, drawn up in Rome on 4 November 1950.

Note: In the case of explanations or particularization of evidences during the administrative proceedings the foreigner may be called to deliver other documents or to submit testimonies which confirm circumstances referred to in the application.

Time to handle the case

The residence permit decision takes place no earlier than after 1 month prior to initiation of the procedure.

The document issued after granting this permit

The foreigner who obtains temporary residence permit on the territory of Poland will be issued with the residence card. This document is issued ex officio by the voivode who granted the residence permit.

Residence card in the period of its validity confirms the foreigner’s identity during his/her residence on the territory of the Republic of Poland and entitles him/her, along with the travel document, to multiple crossing of the border without the need to obtain the visa.

This document should be collected personally. In the case when the residence card was issued to the foreigner aged less than 13 this card is issued to his/her statutory representative or guardian.

Entitlement to work

This permit does not grant the right to work on the territory Poland. In order to employ it is necessary to obtain the work permit, unless it is not required.

Obligation to leave Poland after refusal or withdrawal of the permit

The foreigner is obliged to leave the territory of the Republic of Poland within 30 days from the day when the decision on refusal to grant the temporary residence permit or the decision to withdraw the permit became final and in the case the decision was issued by a superior body, from the day when the final decision was delivered to the foreigner, unless he/she is authorized to reside on the territory of Poland on a different basis.