This entry is a response to many inquiries with which we are approached by Clients seeking legal advice: can my
husband/wife join me in Poland? Typically, when asking this question, Clients have in mind the arrival of their family in
Poland for the purpose of settlement, i.e. they wish to apply for temporary residence in Poland on their behalf.
The following circumstances are relevant for the purpose of answering this question:
- For how many years has the Foreign National lived in Poland?
- What is the basis for the Foreign National’s residence in Poland (visa, temporary/permanent residence permit, etc.)?
- Whether the most recent decision of the Province Governor concerning the Foreign National’s temporary residence
permit was issued for a period exceeding one (1) year?
Most commonly, we are dealing with a situation in which a Foreign National has arrived in Poland on the basis of a visa,
then obtained (for various reasons) a temporary residence permit and wishes to bring his/her family to Poland. If the
most recent decision of the Province Governor allowed the Foreign National to reside in Poland for a period exceeding
one (1) year, and the Foreign National has continuously resided in Poland for more than two (2) years on the basis of
temporary residence permits, such a Foreign National may apply for a family member’s residence permit in Poland and
thus, upon obtaining a positive decision, reside together with his/her spouse in Poland.
If the Foreign National has a permanent residence permit or a long-term residence permit, in connection with his/her
refugee status or subsidiary protection, he/she may apply for reunification with his/her family regardless of the duration
of his/her residence in Poland.
Please note that some of the bases for temporary residence of a Foreign National in Poland also do not require two years of continuous residence in Poland for family members to arrive in Poland!
For more detailed information, please contact us.