If your husband or wife is Polish, you are entitled to a temporary residence permit for the family member of a Polish citizen.

What documents are necessary?

For sure you will need to provide:

• An application form
• 4 photographs
• A copy of your valid travel document
• A copy of your marital status certificate (issued not earlier than 3 months before you apply)
• A copy of the identity card of your Polish spouse (the original one available for inspection)

Keep in mind that the authorities will be obliged to verify if the marriage is not fake or if it wasn’t concluded only for the purpose of obtaining a residence permit in Poland – you will most likely be interviewed (together with your spouse and separately) to prove the authenticity of your marriage.

Important note: this is one of few cases where you can get a positive decision even if you apply for the residence permit while being in Poland without proper documents (meaning illegally – for example, if your visa expired or if you stayed in Poland even though your stay in visa-free movement ended, etc.).

Can I leave Poland or travel while awaiting my decision?

Sometimes the procedure of granting the temporary residence permit may take even up to a year – or at least several months.

Many people wonder if they can leave Poland and travel to other countries during this time. In short: once your previous visa/residence permit has expired, you are not allowed to travel to any other Schengen zone countries. You can travel to your home country, but to return to Poland you would have to get a visa (if you come from the country which is subject to the visa obligation!).

However, if you are a Mexican citizen, you may leave re-enter Poland in some specific cases – read our article to find out more: Travelling Outside Poland While Your Karta Pobytu is Still in Process

Will I be entitled to work legally in Poland?

Yes, this type of residence permit will allow you to work in Poland without a need to get a separate work permit. However, you will need to wait until you get your decision and residence card – you cannot work while your case is being reviewed (unless there are other reasons for you to be exempt from requiring a work permit).

Do I need to register a marriage concluded abroad?

If you got married abroad, you will need to register your marriage in Poland. To do so, you have to provide your marriage certificate and its sworn translation to Polish and apply at a Civil Registry office of your choice. More details here: powroty.gov.pl

Do you want to get married in Poland? Check our article explaining all the procedures step by step guide: How to get married in Poland? Step by step guide

When can I apply for a permanent residence permit?

After:

• 3 years of being married to a Polish citizen, and
• residing in Poland for at least 2 years (with a temporary residence permit for the family member of Polish citizen!)

…you may apply for a permanent residence permit. This is an advantage because foreigners living in Poland with a different type of residence permit will normally need to wait at least 5 years before being able to apply for a permanent residence permit.

What happens if I get divorced?

If you already have your temporary residence permit for the family member of a Polish citizen, and you get divorced or widowed, you may still apply for another temporary residence permit, provided that you have a valid reason to keep living in Poland. This type of permit – for a divorced or widowed foreigner – can be granted only once.

Sources:

• https://udsc.gov.pl/en/cudzoziemcy/obywatele-panstw-trzecich/chce-przedluzyc-swoj-pobyt-w-polsce/zezwolenie-na-pobyt-czasowy/pobyt-z-rodzina/pobyt-z-polskim-obywatelem/malzonek-oraz-maloletni-pasierb-polskiego-obywatela/
• https://bip.lubuskie.uw.gov.pl/sprawy_obywatelskie/Zezwolenie_na_pobyt_czasowy_-_malzenstwo_z_obywatelem_polskim.html
• https://www.migrapolis.pl/pl/dzialy-tematyczne/zezwolenie-na-pobyt/legalizacja-pobytu-na-podstawie-malzenstwa-z-obywatelem-rp
• https://udsc.gov.pl/cudzoziemcy/obywatele-panstw-trzecich/chce-osiedlic-sie-w-polsce/zezwolenie-na-pobyt-staly/dla-malzonka-polskiego-obywatela/
• http://www.info-migrator.pl/informacje-prawne/malzenstwo-w-polsce/legalizacja-pobytu-z-uwagi-na-ma%C5%82%C5%BCe%C5%84stwo-migranci

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