Residence permit on the grounds of marriage

Temporary residence permit on the grounds of marriage

Being married to a citizen of the Republic of Poland may enable a foreign national to obtain both a temporary residence permit and a permanent residence permit.

A temporary residence permit on the basis of marriage to a Polish citizen may be obtained pursuant to Article 158(1)(1) of the Act of 12 December 2013 on Foreigners (i.e. Journal of Laws of 2023, item 519, as amended). It is important to note that this provision does not impose any additional requirements on foreign nationals, apart from marriage to a Polish citizen.

A temporary residence permit may also be obtained on the basis of a marriage, recognised by Poland, to a foreign national lawfully residing in the territory of the Republic of Poland. The legislator introduced this option in paragraph 1 of Article 159 and paragraph 1 of Article 161 of the Act cited above (https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20230000519). In this case, however, we are entering the realm of so-called family reunification, which is governed by slightly different rules and conditions, described in detail in the article entitled: ‘Residence card for family reunification’.

A temporary residence permit even after divorce or separation?

Paragraph 2 of Article 158 of the Act of 12 December 2013 on Foreigners (i.e. Journal of Laws of 2023, item 519, as amended) refers to specific situations in which it is possible to obtain a further temporary residence permit on the basis of marriage to a Polish national, even though the marriage has formally ended. What are these situations?

1. Divorce or legal separation – but only where there is a significant interest of the foreign national justifying this;
2. The foreign national’s widowhood or widowerhood.

In such situations, it is also possible to obtain a renewed temporary residence permit on the basis of marriage to a foreign national lawfully residing in the territory of the Republic of Poland – but in every such case, there must be a compelling interest on the part of the foreign national. The legislator has also added to the above list of circumstances relating to family reunification the death of a minor child who has been granted refugee status or subsidiary protection.

Permanent residence permit on the basis of marriage

A permanent residence permit may, however, be obtained on the basis of point 4 of 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).

It should be noted, however, that in order to obtain such a permit, the foreign national’s marriage to a Polish citizen must have lasted for at least 3 years prior to the date of submitting the application. Immediately prior to that date, the foreign national must also have been present on the territory of the Republic of Poland continuously for a period of not less than two years on the basis of a temporary residence permit granted in connection with marriage to a Polish citizen (or, where applicable, in connection with refugee status, subsidiary protection or permission to remain on humanitarian grounds).

Residence card – marriage

A residence card for the spouse of a Polish citizen? Yes, this is possible. Obtaining either a temporary residence permit or a permanent residence permit will enable a foreign national to obtain a residence card on the basis of marriage.

If this is the foreign national’s first residence card, as a general rule, it will not be necessary to submit an application, as the card will be issued automatically.

However, if for any reason this does not happen automatically, you can use one of the application forms provided in another post regarding the residence card template to apply for a permanent residence card for the spouse of a Polish citizen or a temporary residence card on the basis of marriage.

Do you need help obtaining a temporary or permanent residence permit and a residence card on the basis of marriage?

The ‘Firma Dla Każdego’ Foundation will assist any foreign national wishing to obtain a temporary or permanent residence permit and a residence card in Poland.

Marriage to a citizen of the Republic of Poland, as one of the routes to obtaining such a permit, enables the Foundation to provide a very wide range of assistance (including, amongst other things: liaising with provincial authorities, translating the required documents, legal advice, health insurance options, and medical and sports care packages).

Further information on the scope of assistance that the ‘Firma Dla Każdego’ Foundation offers to foreign nationals is available on our website.