Residence legalisation on the basis of marriage to a citizen of the Republic of Poland

In case of marriage to a citizen of the Republic of Poland, the first temporary residence permit is usually granted for a period of 1 year, while consecutive ones for a period of 3 years. After three years of residence based on a temporary residence permit (most often – a year prior to the expiration of the second residence card issued on such grounds) the foreigner may apply for a permanent residence permit.

Formal requirements

  • 3 filled in and signed application forms,
  • the foreigner’s personal presence,
  • fingerprints provided,
  • 4 photos,
  • 2 passport copies’
  • a proof of a 340 PLN fee payment.

Additional documents to submit:

  • an up-to-date copy of marriage certificate (issued no earlier than 3 months prior to submitting the application),
  • a copy of the spouse's ID (the original should be presented for perusal upon submitting the application).

If an application is submitted also for a child of a foreigner who is a spouse of a Polish citizen, additional documents will have to be provided:

  • the child's birth certificate,
  • documents certifying that the parent, who is married to a Polish citizen, holds a temporary residence permit required by the law.

It should be noted that when applying for temporary residence on the grounds of marriage to a citizen of the Republic of Poland, the family’s income is not taken into account.

In such proceedings an interview with spouses and people close to them is very often conducted, and its aim is to establish whether the marriage was not concluded to circumvent the Act on foreigners. If a foreigner does not speak Polish, the presence of an interpreter to translate the interview will be necessary (it does not have to be a sworn translator).

 

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Project “New law - my new rights” is co-financed by European Fund for Integration
of Third Country Nationals and Polands state budget

 Copyright © by Foundation for Development Beyond Borders, 2015