Family Reunion in Poland – From A to Z

So, you’ve been living in Poland for quite a while, working and renting an apartment, you’ve already settled here. But it’s not that easy to be fully satisfied with your life if you know that your family is waiting for you back in your country. Well, if you don’t plan to come back any time soon, the members of your family can pay you a visit in Poland and even legally stay with you here during the period of your work. So how does the process of family reunion look like? What are the possible scenarios and most frequently asked questions concerning obtaining a visa or a residence permit based on family reunion? Find all the answers below.

Who is considered as a family member according to the Polish law? 

A right to reunite may be granted only to your spouse (if your marriage is recognized as valid under the Polish law) or your minor (under 18 years old), both biological and adopted, as well as a dependent child.

 

  • If you are a Polish citizen

 

For how long a residence permit is issued?

Your family member can apply for a temporary residence permit for not not longer than 3 years by a standard procedure, filling an application to the Foreign Office. 

The residence permit may also be granted in case of the informal relationship. In such situation your foreign partner has to provide evidence proving that he/she:

– has a family life with a Polish citizen living in the same household

– has a health insurance in Poland

– has a stable and regular income

Another possible situations when a residence permit may be issued concerns other relatives, such as cousins or parents if they:

– are financially dependant on a Polish citizen or occupy the same household in the foreigner’s country of origin

– have some serious health issues and require the care of the Polish citizen

If it is the case, the foreigners must also have an insurance and a stable source of income in Poland. 

Procedure of applying for a residence permit

Remember that application can be submitted only in person and in Poland, it’s impossible to do it in the country of the foreigner’s origin. Your relative has to apply for visa if he/she needs one and come to Poland. 

What are the documents needed?

  • The application form + its copy;
  • 4 colourful photos;
  • The passport + a copy of all filled pages + additional copy of the first page;
  • confirmation of the administrative payment of PLN 340.

For a spouse:

  • certified copy of marriage certificate issued not earlier than 3 months before applying
  • original and copy of the spouse’s ID document

For a minor child:

  • birth certificate of the child
  • consent of the persons exercising parental authority over a child
  • A document confirming that a foreign parent has a residence permit in Poland

A residence permit application is submitted by a parent on behalf of a child.

All documents must be submitted in Polish and those issued in another language than Polish must be translated by a sworn translator.

 

  • If you are a foreigner

 

 

a) If you are a citizen of a non-EU country

 

When a foreigner’s family is eligible for a residence permit based on family reunion? 

A foreigner coming from outside of the EU must have one of those:

  • permanent residence permit or a long-term EU residence permit
  • refugee status, supplementary protection or a residence permit for humanitarian reasons
  • temporary residence permit for at least 2 years, with the last one issued for the period not less than 1 year)
  • temporary residence permit issued based on conducting a scientific research
  • EU Blue Card (a work permit for high-skilled professionals)

If a foreigner stays in Poland under a visa, it’s impossible for his family to reunite with him based on that. 

A foreigner residing in Poland can submit an application on behalf of their family member whom he/she is going to reunite with. If the decision of the Voivode is positive, this person can already make a visa at the Polish consulate and come to Poland for the purpose of family reunion.

What are the documents needed?

  • The application form + its copy;
  • 4 colourful photos
  • The passport + a copy of all filled pages + additional copy of the first page;
  • document confirming a place of living in Poland (e.g. hotel reservation, lease agreement)
  • documents confirming family ties with the foreigner already residing in Poland recognized by a Polish law (e.g. marriage certificate, birth certificate)
  • document confirming the residence permit of the foreigner already residing in Poland
  • document confirming a stable and regular source of income sufficient to cover the costs of living. The information about the income of the foreigner already residing in Poland may be submitted to fulfill this condition
  • document proving a health insurance in Poland
  • confirmation of the administrative payment of PLN 340

A foreigner already residing in Poland also must submit a document confirming a stable and regular source of income sufficient to cover the costs of living of the family, a health insurance and a place of living.

All documents must be submitted in Polish and those issued in another language than Polish must be translated by a sworn translator.

For how long a residence permit is issued?

  • until the residence permit of a foreigner already residing in Poland is valid
  • for 3 years if a foreigner already residing in Poland has a permanent residence permit, long-term EU residence permit, a subsidiary protection, permit to stay for humanitarian reasons or a refugee status.

In case of a positive decision, a foreigner must also pay a fee of PLN 50 for a plastic card. The card can be collected only in person as the foreigner’s fingerprints should be taken. 

b) If you are an EU citizen

The conditions of the reunion with your family depends whether a person you want to reunite with is a non-EU or EU citizen. 

If a foreigner who is a family member of an EU citizen, other than Pole, the foreigner can enter Poland on the grounds of visa (depending whether it is required), without a visa or on the basis of a residence card issued by another EU member country.

 

  • A family member of the EU citizen,being a non-EU citizen

 

 If a foreigner, who is a member of the EU citizen family has a residence card of the EU family member issued in an EU country other than Poland, he/she doesn’t need a visa to enter Poland. However, if that person stays in Poland for a period longer than 3 months, then he/she has to obtain residence card of the EU family member in Poland. 

What are the documents needed?

  • Application submitted in Polish
  • 4 photos in colour;
  • The passport + a copy of all filled pages + additional copy of the first page;
  • document confirming registration of residence of the EU citizen in Poland issued to the EU-citizen already residing in Poland
  • document confirming a legal entry to Poland
  • document confirming a place of living in Poland (e.g. hotel reservation, lease agreement)
  • documents confirming family ties with the foreigner already residing in Poland recognized by a Polish law (e.g. marriage certificate, birth certificate)
  • document confirming a stable and regular source of income sufficient to cover the costs of living

All documents must be translated into Polish by a sworn translator and submitted in Polish together with originals.

The issuance of a residence card for the family member of an EU citizen is free of charge.

The card is valid for 5 years or until the end of the planned residence in Poland (if shorter than 5 years).

 

  • A family member of the EU citizen, being an EU citizen

 

If your family member, who is intending to arrive and reside in Poland together with you is an EU citizen, the individual only needs to submit an application for the registration of residence. It should be done not later than after 3 months after entering the territory of Poland.

What are the documents needed?

  • The application form for the residence registration;
  • A valid travel document + its copy;
  • A document confirming the EU residence registration of a family member in Poland;
  • documents confirming family ties with the foreigner already residing in Poland recognized by a Polish law (e.g. marriage certificate, birth certificate)

All documents must be translated into Polish by a sworn translator and submitted in Polish together with originals.

The registration of residence of an EU citizen is free of charge and the case is handled immediately after submitting the application.

A permanent residence for a family member of an EU-citizen

A family member of an EU citizen has a right to receive a permanent residence permit after 5 years of uninterrupted residence on the territory of Poland with an EU-citizen. 

What are the documents needed?

  • application form for the issue of the document certifying the permanent residence right
  • 4 photos in colour
  • valid travel document + its copy 
  • documents describing the reasons for breaks in residence (if applicable)
  • documents confirming a 5-year uninterrupted residence on the territory of Poland
  • documents confirming family ties with the foreigner already residing in Poland recognized by a Polish law (e.g. marriage certificate, birth certificate)

The procedure is free of charge and the case is handled immediately after submitting the application.

What are the rights of the family members of the EU-citizen?

  • The right to work in Poland on the same terms as Polish citizens.
  • The right to open a business in Poland on the same terms as Polish citizens;
  • The right to study in Poland on the same terms as Polish citizens.

What is the legalization process of a child’s residence?

Possibilities to legalize the stay of the children of the foreigners who have the right to stay in Poland depend on the type of residence permit that the parents have.

When the parent resides in Poland on the basis of an indefinite stay in Poland (permanent residence permit, long-term EU residence permit), his/her children are granted a permanent residence permit if:

  • They were born during the period of validity of the temporary residence permit of the parent or
  • the parent had the right for permanent residence in Poland (permanent residence, EU residence permit) at the time of child’s birth

If the parent resides in Poland based on:

  • Permanent residence permit (if the situation indicated above did not take place, i.e. the child was not born when a parent was having a temporary or permanent residence in Poland, but, for example, it was based on a visa),
  • long-term EU residence permit (if the situation indicated above did not take place),
  • refugee status
  • subsidiary protection,
  • permission to stay for humanitarian reasons

children are granted a temporary residence permit.

Children of foreigners who stay in Poland on the basis of a national visa or a temporary residence permit can be granted a temporary residence permit if the child was born during the validity of the visa or temporary residence permit held by the parent. However, the parent must fulfill two requirements:

  1. have health insurance in Poland,
  2. have a regular and stable source of income.

A minor child does not have to meet any requirements concerning previous stay in Poland. An application for such permit can be submitted on a child’s behalf by parents also in case when the child’s stay in Poland is undocumented.

A five-year stay of a child in Poland on the basis of family reunion constitutes the basis for applying for a temporary residence permit if the child is 18 years old or more.

Is it possible to reunite with a partner who is not considered as a family member by the Polish law? 

For foreigners that are not recognized as family members under the Polish law, like just partners of fiancées, the procedure of getting a residence permit based on family reunion is more difficult. In such a situation both partners need to have a document confirming their stable and regular income and health insurance. If one of the partners does not work in Poland or has no other income, the partners need to sign a contract which states that an amount of money will be paid monthly by the partner who is working in Poland to the partner/fiancée coming with him/her. 

Moreover, both partners will be summoned to the Voivodeship Office for two separate interviews. During the interviews clerks may ask different questions related to your cohabitation in Poland to inspect the credibility of your relationship. 

What are the sufficient funds to cover the costs of living?

According to the Polish law, the minimum monthly amount should be PLN 701 net per months for a single person and for a foreigners having a family dependent on them – PLN 528 net a month per person. The amounts may change so pay attention to new regulations.

We hope that you’ve found out everything about family reunion in Poland after having  read this article. If you have more questions concerning this topic, we would be happy to answer all of them at sylwia@krakspire.com

 

 

Sources:

https://udsc.gov.pl/

http://www.migrant.info.pl

http://prawo.sejm.gov.pl

 

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