Foreigner's stay on the basis of marriage, what is worth knowing?

Entering into a marriage with a Polish citizen may constitute a basis for regulating the legal situation of a foreigner in Poland. The residence of a foreigner based on marriage is one of the most common paths of legalization , but it does not mean automatic granting of the right to stay in the country. In order to obtain the right of residence, it is necessary to meet certain requirements and present appropriate documentation.

Conditions for obtaining a temporary residence permit

The basis for applying for a temporary residence permit is Article 160 of the Act on Foreigners . This entitlement may be granted to a foreigner who is married to a Polish citizen, and the marital relationship is authentic and lasting. Legalization of residence on the basis of marriage requires proof of actual cohabitation and joint management of a household. Offices often carry out verification activities to exclude so-called sham marriages. A residence card for a foreigner's spouse entitles him or her to stay in Poland and take up employment without the need to obtain additional permits.

Required documentation

The application for legalisation of residence on the basis of marriage must be accompanied by:

copy of marriage certificate;
identity document of a Polish citizen;
a document confirming the legal stay of a foreigner;
evidence of joint residence;
confirmation of financial resources and insurance.

In the event of any deficiencies or doubts, the authority may request additional documents or conduct additional interviews with the spouses.

Temporary residence vs. permanent residence

After at least three years of marriage and at least two years of uninterrupted residence obtained in connection with being married to this Polish citizen or in connection with obtaining refugee status, subsidiary protection or a residence permit for humanitarian reasons, a foreigner may apply for a permanent residence permit based on marriage. This solution is particularly beneficial - a permanent residence card for the spouse of a foreigner provides unlimited access to the labor market , no need to renew the document every few years and opens the way to apply for Polish citizenship . Of course, there are also other ways to become part of Polish society. One of them is to grant Polish citizenship - an application can be submitted at any time.

Administrative procedure and waiting time

Legalization of residence based on marriage requires personal submission of an application to the provincial office. The procedure usually takes from a few to a dozen or so months . During this time, the foreigner has the right to legal residence based on a stamp in the passport. In the event of a negative decision, it is possible to appeal to the Head of the Office for Foreigners and then to the administrative court. Professional legal assistance at this stage is particularly valuable - it allows for quick identification of errors and increases the chances of a positive outcome of the proceedings.

What if the marriage breaks up?

Divorce or separation during the validity of a valid residence permit does not automatically cancel it , however, in the case of subsequent applications, the foreigner will have to prove other grounds for continued residence, such as employment, having children studying in Poland or other strong ties with the country. In such situations, it is worth considering extending the work and residence permit in Poland on a basis other than marriage.

Legalization of residence based on marriage - professional legal support

A foreigner's stay based on marriage is often the beginning of a long process leading to full integration with the Polish legal system. It is worth using the help of our law firm , which specializes in comprehensive service for foreigners and ongoing legal support at every stage of the proceedings. We specialize in such matters as legalization of stay and work , temporary and permanent residence permits or work permits in Poland .

Foreigner's stay on the basis of marriage - summary

Marriage to a Polish citizen allows a foreigner to legalize their stay, but requires meeting specific conditions and providing appropriate documents . A permanent residence permit based on marriage is a solution that provides legal stability and allows for the further development of professional and family life in Poland. Using professional legal support significantly increases the chances of a positive resolution of the case and efficient conduct of the entire procedure.