A foreigner in an informal relationship with a Polish citizen or a citizen of another European Union member state may obtain a temporary residence permit in Poland, but must demonstrate that they lead a family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms, drawn up in Rome on 4 November 1950, with a resident of Poland or a citizen of another European Union member state with whom they reside or intend to join in Poland, and that they meet additional requirements regarding health insurance and a stable and regular source of income in the required amount. In such cases, a foreigner may be granted a temporary residence permit under Article 160(3) of the Act on Foreigners. The condition for granting this permit is to demonstrate the existence of close personal ties between the partners, similar to marital ties. These ties must be real and stable.
The circumstance of cohabitation must also justify residence in Poland for a period longer than 3 months.
This permit is granted in the form of an administrative decision by the voivode competent for the foreigner's place of residence, and in the case of appeal proceedings, by the Head of the Office for Foreigners, for a period necessary to achieve the purpose of the stay - for a minimum period exceeding 3 months, but not longer than 3 years.
It is worth noting that conducting family life in Poland by a foreigner may also be a basis for protection granted in proceedings obliging the foreigner to return and justifies granting a permit for humanitarian reasons. The recipients of a decision granting a permit for humanitarian reasons may be third-country nationals when they lead a family life in Poland (Article 348(2) of the Act of Foreigners).
The condition for obtaining a permit under Article 160(3) of the Act is the foreigner's joint stay with a Polish citizen or a citizen of another member state of the European Union on Polish territory, and the possession by the foreigner of health insurance and an adequate income (Article 159(1) point 2 of the Act of Foreigners). A foreigner who does not cohabit with a Polish citizen in a marital relationship recognized by Polish law or is not a spouse of a EU citizen, although leading a family life with them within the meaning of Article 8 of the ECHR, may benefit from a temporary residence permit under Article 160(3) of the Act.
The concept of family life within the meaning of Article 8 of the European Convention on Human Rights is not limited to life in a marital relationship recognized by domestic law. It is a broad concept encompassing factual and partnership relationships, parent-child relationships not only within marriage, but within another relationship, with the possibility of family life also existing between parents and adult children, especially when they have not yet established their own families. The existence of family life cannot be excluded in relation to more distant relatives (e.g., relationships between siblings or grandparents and grandchildren). However, it is always essential to establish the existence of real family relationships and actual contact between the individuals concerned.
Article 8 of the European Convention on Human Rights guarantees respect for the right to family life and applies to situations where family life already exists. Therefore, a foreigner who forms a family after the final decision obliging them to leave the country is not entitled to protection under the Convention related to the protection of family life. What documents should be submitted to the Voivode's Office?
Documents required to obtain a stamp in the passport (so-called formal requirements):
● application in 2 copies
● 4 photographs,
● photocopy of a valid travel document (original for inspection). In particularly justified cases, when you do not have a valid travel document and cannot obtain one, you can present another document confirming your identity,
● confirmation of payment of the administrative fee of PLN 340.00 for the procedure
Documents required for granting a permit:
● copy of the identity card or passport of the partner with whom the foreigner intends to reside in Poland
● health insurance
● confirmation of provided accommodation
● a stable and regular source of income
● others - e.g., joint photographs;
The requirement of having a stable and regular source of income is considered fulfilled even when the costs of maintaining the foreigner will be covered by a family member residing in the territory of the Republic of Poland. The partner is not treated as a family member. If the foreigner is supported by their partner, they may confirm the possession of a stable and regular source of income with a pension agreement. Together with the pension agreement, the foreigner should submit documents confirming the source and amount of income earned by the partner with whom they intend to reside in Poland.
During the proceedings for granting a temporary residence permit, the Voivode determines whether the bond connecting the foreigner justifying their stay in Poland is genuine and whether the partnership does not serve to circumvent the rules and conditions for the entry and stay of foreigners in the territory of the Republic of Poland. If there is a need for clarification or specification of the evidence held in the case, the foreigner may be requested to provide other documents or to provide testimony confirming the circumstances indicated in the application and the circumstances concerning the purpose of the stay.
This type of temporary residence permit does not entitle to work without the need for an additional work permit.
