The following foreigners have the right to obtain a temporary residence permit for family members of a foreigner living in Poland:

– a spouse (the marriage must be recognized by Polish law);

– a minor child (who is under 18) – not only biological, but also an adopted child, or another child dependent on them, and over whom they exercise actual parental authority (e.g., their spouse’s child from a previous relationship).

Family members of a foreigner living in Poland may reunite with them in Poland by obtaining a temporary residence permit, if they themselves stay in Poland:

– on the basis of a permanent residence permit;

– on the basis of a long-term EU resident’s residence permit;

– in connection with granting them the refugee status;

– in connection with granting them subsidiary protection;

– for at least 2 years on the basis of subsequent temporary residence permits, including immediately before submitting the application for a temporary residence permit for a family member – on the basis of a permit granted to hem for a period of stay of not shorter than 1 year;

– on the basis of a temporary residence permit for the purpose of conducting scientific research;

– on the basis of a temporary residence permit granted for the purpose of conducting scientific research, when the foreigner has a residence permit referred to in art. 1 par. 2 letter a and Council Regulation No. 1030/2002, with the annotation “scientist”, issued by another Member State of the European Union, if the agreement on the admission of a foreigner for the purpose of carrying out a research project concluded with the relevant scientific unit of that country provides for the conduct of scientific research also on the territory of the Republic of Poland;

– on the basis of a temporary residence permit for the purpose of working in a profession requiring high qualifications (the so-called Blue Card);

– on the basis of a temporary residence permit for the purpose of working under the intra-corporate transfer;

– on the basis of a temporary residence permit granted for the purpose of using long-term mobility;

– in connection with granting a residence permit for humanitarian reasons.

Note! If the foreigner is staying outside of Poland, the application for a temporary residence permit for the purpose of family reunification is submitted by the foreigner (a spouse or parent) residing in Poland. Importantly, submitting the application in such a case requires a written consent of the foreigner staying outside Poland. Such consent is the same as granting a power of attorney to act on behalf of a family member in each proceeding.

After the decision for temporary residence is issued, a foreigner residing in Poland may transfer it to a family member so that they can obtain a visa to Poland from the relevant embassy (or consulate) of the Republic of Poland. A family member will collect the residence card in person in Poland.

Note! If a foreigner who is reunited with a family member does not meet the conditions listed above (e.g., he is staying in Poland on the basis of a visa or a temporary residence permit for a period shorter than 2 years), then their family member may apply for a temporary residence permit issued due to other circumstances. Details of this procedure are described in the TEMPORARY STAY / OTHER CIRCUMSTANCES tab.

If it is justified by an important interest of the foreigner, they may be granted a temporary residence permit for the purpose of family reunification, also in the case of:

– a divorce, separation or widowhood of that foreigner, if they were married to a foreigner residing on the territory of Poland, as recognized by Polish law, on the basis of one of the above-mentioned conditions;

– death of their parent being a foreigner residing on the territory of the Republic of Poland on the basis of one of the above-mentioned conditions;

– death of their minor child who has been granted refugee status or subsidiary protection.

In such a case, the permit is granted once, for a period not longer than 3 years, and the applicant foreigner must prove that they have a stable source of income, medical insurance and a place of residence in Poland.

Apart from the basic grounds for refusal to issue a temporary residence permit, the Voivode will refuse to grant a permit in the case of a foreigner married to a citizen of the Republic of Poland also when the marriage was concluded in order to circumvent law provisions.

Note! In the proceedings for granting a temporary residence permit, the body conducting the proceedings is obliged to determine whether the marriage was concluded in order to circumvent law provisions. In the event of the need for clarifying or detailing the proof held by the authority in the case during the proceedings, the foreigner may be requested to provide additional documents or to testify confirming the circumstances indicated in the application.

This permit may be granted to a foreigner who:

– has been married and the marriage has been recognized by the law of the Republic of Poland with a Polish citizen for at least 3 years before the date on which they submitted the application for a permanent residence permit, and

– immediately before submitting this application, they have been staying continuously on the territory of the Republic of Poland for a period of at least 2 years on the basis of a temporary residence permit granted in connection with being married to a Polish citizen or in connection with obtaining refugee status, subsidiary protection or residence permit for humanitarian reasons.

Note! A permanent residence permit may be withdrawn if the foreigner divorced within 2 years from the date on which they were granted a permanent residence permit.

Detailed information on the permanent residence permit is available in the PERMANENT STAY tab.

A foreigner who has a permanent residence permit is entitled to work on the territory of the Republic of Poland without the need for a work permit.

A foreigner who is married to a Polish citizen and has a valid temporary residence decision issued due to the marriage may also perform work without the need for a work permit.

In both cases, the residence card contains the annotation “access to the labour market”.