RESIDENCE CARD FOR A CHILD

Residence card – what is it?

We have written about what a residence card is on numerous occasions on the ‘Firma Dla Każdego’ Foundation’s blog. So, to recap very briefly: a residence card is a document issued to a foreign national who has been granted:

1. A temporary residence permit;
2. A permanent residence permit;
3. An EU long-term resident’s residence permit;
4. Permission to stay on humanitarian grounds.

The residence card is intended to confirm the foreign national’s identity and also entitles them to cross the Polish border multiple times without the need for an additional visa.

This raises the question: ‘How does one obtain a residence card for a child?’.

However, before we answer this, let us outline the situations in which, in accordance with the Act of 12 December 2013 on Foreigners (i.e. Journal of Laws of 2023, item 519, as amended), children may be granted a permanent or temporary residence permit.

Permanent residence permit for a child

Paragraph 1 of Article 195 of the Act of 12 December 2013 on Foreigners (i.e. Journal of Laws of 2023, item 519, as amended) sets out two main cases in which a child is granted a permanent residence permit for an indefinite period. These situations are:

1. A child under the parental authority of a Polish citizen;
2. A child under the parental authority of a foreign national who has been granted a permanent residence permit or an EU long-term resident’s residence permit. However, the child must have been born:
3. after that foreign national has been granted a permanent residence permit or an EU long-term resident’s residence permit, or
4. during the period of validity of a temporary residence permit granted to that foreign national; or
5. during that foreign national’s stay in Poland on the basis of a permit to stay on humanitarian grounds, or
6. during the foreign national’s stay in Poland on the basis of a permit for tolerated stay, or
7. in connection with that foreign national being granted refugee status or subsidiary protection.

Temporary residence permit for a child

Point 2 of paragraph 1 of Article 158 of the Act of 12 December 2013 on Foreign Nationals (i.e. Journal of Laws of 2023, item 519, as amended) states, however, that a temporary residence permit shall be granted to a minor child of a foreign national, who is in a marriage recognised under Polish law with a Polish citizen and holds a temporary residence permit as a family member of a citizen of the Republic of Poland or a permanent residence permit by virtue of being married to a Polish citizen.

In the event of the death of a parent, such a minor child may be granted a further temporary residence permit where this is in the child’s best interests.

A temporary residence permit is also granted to a child:

1. a Polish citizen or their spouse, who is under 21 years of age or who is dependent on a Polish citizen or their spouse;
2. For the purpose of family reunification (you can read more about the conditions for this type of permit on the ‘Firma Dla Każdego’ Foundation’s blog: https://firmadlakazdego.pl/blog/);
3. A foreign national who is staying in Poland on the basis of a national visa or a temporary residence permit, provided that the child was born during the period of validity of the national visa or temporary residence permit, and that parent has a place of residence in Poland, health insurance and a source of stable and regular income;
4. A child born in Poland who is staying in our country unaccompanied.

An application for a permanent residence permit, as well as a temporary residence permit, on behalf of a minor foreign national is submitted to the provincial governor by the parents or appointed guardians, or by one of the parents, or one of the appointed guardians.

Residence card for a child / residence card for a child from Ukraine / residence card for a newborn – how to obtain one?

A child who has already been granted a temporary or permanent residence permit having met the conditions set out above, and who has not previously held a residence card, should, as a rule, be issued with their first residence card automatically. However, there are situations in which a separate application for a residence card will be required. This applies, for example, when a temporary residence permit is obtained for the purpose of family reunification, where the foreign national was outside Poland on the date the application was submitted.

The application form for a residence card for a child, which should be used in this case, is the same form that we have already featured in another article on our blog, which we warmly invite you to read: ‘Residence card — template.

Do you need help with obtaining a permanent or temporary residence permit and with the issue of a residence card?

If you are a foreign national applying in Poland for a permanent or temporary residence permit and for a residence card for yourself or your child, you should definitely look into the services provided by the Firma Dla Każdego Foundation.

As well as helping people realise their dreams of running their own business, the ‘Firma Dla Każdego’ Foundation also assists foreign nationals who wish to live and work in Poland entirely legally. The Foundation provides assistance with administrative procedures, acts as an intermediary in dealings with provincial authorities, translates documents, offers legal advice, and provides health insurance as well as medical and sports care packages.

For more information on the support offered to foreign nationals by the ‘Firma Dla Każdego’ Foundation, please visit: https://firmadlakazdego.pl/cudzoziemcy/.

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