Submitting a temporary residence application on behalf of a family member residing abroad
The application for temporary residence may be submitted by a family member of the foreigner, who does not live in Poland, but intends to arrive there. A spouse, a minor child of the foreigner or his/her spouse may obtain a residence permit in Poland, if he/she resides in Poland on the basis of one of the following residence titles:
– on the basis of a permanent residence permit,
– on the basis of a residence permit for a long-term EU resident,
– following the granting of the refugee status,
– following the granting of subsidiary protection,
– for at least 2 years under consecutive temporary residence permits, including immediately prior to submitting the application for a temporary residence permit for a family member – under a permit granted for a period of stay of no less than 1 year,
– on the basis of a temporary residence permit for the purpose of scientific research,
– on the basis of a temporary residence permit granted for the purpose of conducting scientific research if the foreigner possesses a residence permit, referred to in Art. 1(2)(a) of Council Regulation No. 1030/2002, bearing the annotation “scientist”, issued by another Member State of the European Union, if the agreement on admission of the foreigner for the purpose of implementing a research project concluded with a competent scientific unit of that country foresees scientific research to be carried out also on the territory of the Republic of Poland,
– on the basis of a temporary residence permit for the purpose of highly qualified employment,
– on the basis of a temporary residence permit to perform work in the framework of an intra-corporate transfer,
– on the basis of a temporary residence permit granted for the purpose of long-term mobility,
– in connection with the granting of a residence permit for humanitarian reasons.
If the foreigner is outside Poland, the application for a temporary residence permit for the purpose of family reunification is submitted by his/her spouse or parent residing in Poland.
Submission of an application by a foreigner’s family member requires his/her written consent (or consent of a statutory representative). Such consent shall mean that the foreigner living in Poland (parent, spouse) becomes a proxy to act in the proceedings – it is to his/her address that official correspondence shall be sent and it is him/her who shall present documents in the case.
The application for residence shall be completed and signed by the foreigner residing in Poland and then submitted together with a statement by a family member authorising him/her to act on his/her behalf, a passport certified by the consul, marriage certificate and other necessary documents.
In the case of a positive decision, a family member of the foreigner residing in Poland may obtain, on its basis, a visa in the country of origin, allowing the foreigner to arrive. Upon arrival, in order to collect the residence card, it will be necessary to visit an office to provide fingerprints.