Temporary Residence Permit for a Child and a Foreign Family Member

• Application for a temporary residence permit for a foreign child – why should you submit it?
• How to submit an application for a temporary residence permit for a foreign child?
• Legalization of a foreign child's stay in Poland – what should the application include?
• Status of children of foreign parents born in Poland
• Get help from specialists

It's important to remember that legalizing a foreigner's stay is not only a legal obligation, but also a path to obtaining numerous privileges. A residence card for a foreigner's family member entitles you to:
• legally reside in the territory of the Republic of Poland for the period indicated in the application (after this period, it is not possible to extend the temporary residence card; however, during the validity period of the temporary residence permit, a new application for another permit must be submitted);
• multiple crossings of the Polish border without the need for a visa;
• entry into other Schengen countries and staying within their territory for a period not exceeding 90 days in a 180-day period;
• access to healthcare, education, and benefits. Remember that education is mandatory in Poland (Article 35 of the Education Law). To begin education at a Polish institution, you will need a residence card and a valid passport.

An application for a temporary residence permit for a foreign child is submitted by a parent or legal guardian, or one of them. If the minor is under six years old, their presence is not required during the application. It must be submitted within the validity period of the temporary residence permit granted to the child's parent or legal guardian and – if the minor was born in Poland – immediately after obtaining the travel document.
Important! An application for a temporary residence permit for a foreign family member can only be submitted electronically via the MOS (Case Handling Module) no later than the last day of legal stay in Poland. Applications submitted otherwise will not be considered.
Visit mos.cudzoziemcy.gov.pl and register an account using a Trusted Profile. If you don't have a Trusted Profile, it's a good idea to create one now. It is useful not only when applying for a temporary residence permit, but also when handling many other formalities in Poland – for example, when checking e-prescriptions.

To submit an application, the following documents must be attached:
• an application form completed electronically via the Case Management Module,
• a recent digital photograph,
• scans or photographs of all pages of a valid travel document (the original must be presented for verification). If, for valid reasons, the child does not have a passport and cannot obtain one, another document confirming identity may be presented,
• confirmation of payment of the required stamp duty.
The application must also be accompanied by documentation confirming that the conditions for obtaining the permit have been met, in particular:
• a copy of the residence permit of the parent with whom the child will reside in Poland,
• the child's birth certificate (original or officially certified copy),
• a sworn translation of the birth certificate if the document was issued outside Poland (original or certified copy),
• proof of health insurance,
• documents confirming a guaranteed place of residence or accommodation (original or certified copy),
• documentation confirming a stable and regular source of income for the parents or legal guardians.

The law of the land (jus soli) does not apply in Poland, so children of foreign parents do not automatically receive a Polish passport.

A child may become a Polish citizen in certain circumstances:
• when one parent is a Polish citizen,
• when the child was born or found in the territory of the Republic of Poland and their parents are unknown, stateless, or their citizenship is undetermined;
• when the child is fully adopted by a Polish citizen,
• when the child is granted Polish citizenship or recognized as a Polish citizen (minors are usually subject to a parental application);
• through repatriation, in accordance with the provisions of the Act of November 9, 2000.

Submitting an application raises many questions – how much is the administrative fee, what documents need to be prepared, what to do if your application is rejected… The answers to these questions depend on the foreigner's specific situation, so it's difficult to answer without a thorough review. Fortunately, you don't have to face this alone – comprehensive foreigner services are our specialty. We'll clarify any issues, help you gather the necessary documents, and, if necessary, advise you on how to appeal a rejection.

A temporary residence permit for a child is essential for them to legally reside in Poland and exercise their rights, such as access to education, healthcare, and free travel within the Schengen Area. A parent or legal guardian submits an application for a temporary residence permit for a foreign family member via the Case Management Module (MOS), attaching the required documents confirming the child's identity, family situation, and compliance with the residence requirements. It is important to adhere to the deadlines and prepare complete documentation to avoid delays in the proceedings. For children born in Poland, birthplace alone does not automatically grant Polish citizenship, therefore legalizing a foreign child's stay in Poland remains an important responsibility of the parents or guardians.

Who can apply for a temporary residence permit for a foreign child?
An application for a temporary residence permit for a foreign child can be submitted by a parent, legal guardian, or one of the parents exercising parental authority over the minor.
When should an application for temporary residence for a child be submitted?
The application should be submitted no later than the last day of the child's legal stay in Poland. If the child was born in Poland, it is advisable to begin the process immediately after obtaining a travel document for them.
Can the application be submitted in paper form?
No, currently, applications can only be submitted electronically via the Case Management Module (MOS). Documents submitted otherwise will not be processed by the office.
What are the benefits of a temporary residence card for a child?
A residence card for a foreign family member allows legal residence in Poland, multiple border crossings without the need for a visa, travel within the Schengen Area for up to 90 days within a 180-day period, and access to healthcare and education services under the terms of applicable regulations.