Family reunification in Poland allows foreign nationals legally residing in the country to bring their family members to join them. This process is governed by Polish immigration law, primarily the Act on Foreigners, and EU regulations where applicable. Family reunification is one of the legal means to settle in the European Union, with a significant portion of migration flows aimed at reuniting third-country nationals with their families.
Who is Eligible for Family Reunification?
According to Article 159 of the Act on Foreigners, the following family members are eligible for a temporary residence permit for family reunification:
- Spouse: The marriage must be recognized under Polish law.
- Minor Children: This includes biological children, adopted children, and foster children who are dependents of the foreigner and over whom the foreigner exercises actual parental authority.
- Legal Guardian: In cases where a minor is granted refugee status or subsidiary protection, the legal guardian may apply for reunification within six months of the status being granted.
Conditions for Family Reunification
The foreigner residing in Poland must meet one of the following conditions:
- Hold a permanent residence permit.
- Hold a long-term EU resident’s residence permit.
- Have been granted refugee status or subsidiary protection.
- Have resided in Poland for at least 2 years on the basis of subsequent temporary residence permits, with the last permit granted for a period of at least 1 year.
- Hold a temporary residence permit for purposes such as scientific research, highly qualified employment (Blue Card), or intra-corporate transfer.
- Have been granted a residence permit for humanitarian reasons.
Required Documents for Family Reunification
In addition to the basic documents required for temporary residence, the following documents must be submitted:
- Proof of Residence in Poland: Such as a rental agreement, lending agreement, or hotel reservation.
- Proof of Family Ties: Birth certificates, marriage certificates, or other documents confirming kinship or affinity recognized by Polish law.
- Residence Permit of the Sponsor: A copy of the residence permit held by the foreigner residing in Poland.
- Proof of Financial Stability: Documents confirming a stable and regular source of income sufficient to cover living expenses for both the sponsor and the dependent family members.
- Health Insurance: Proof of health insurance or coverage by the insurer for treatment costs in Poland.
- Proof of Cohabitation: For spouses, documents confirming living together and running a common household, such as joint photos, rental agreements, or property deeds.
Important Notes:
- If the foreigner is outside Poland, the application for family reunification must be submitted by the spouse or parent residing in Poland, with written consent from the family member abroad.
- The temporary residence permit for family reunification is granted for a period not exceeding 3 years and can be extended.
- In cases of divorce, separation, or death of the sponsor, a temporary residence permit may still be granted if justified by an important interest of the foreigner.
Dependent Visa (TRC) for Family Members
Once the temporary residence permit is granted, family members can apply for a Dependent Visa (TRC) at the relevant Polish embassy or consulate. The visa allows them to enter Poland and collect their residence card in person.
FAQ
1. What is family reunification in Poland?
Family reunification is a process that allows foreign nationals legally residing in Poland to bring their family members (spouse, minor children, etc.) to join them.
2. Who is eligible for a dependent visa in Poland?
Spouses, minor children (biological, adopted, or foster), and legal guardians of minors granted refugee status or subsidiary protection are eligible for a dependent visa.
3. What documents are required for family reunification?
Documents include proof of residence, family ties, the sponsor’s residence permit, proof of financial stability, health insurance, and proof of cohabitation (for spouses).
4. How long does the temporary residence permit for family reunification last?
The permit is granted for up to 3 years and can be extended.
5. Can I apply for family reunification if I am outside Poland?
Yes, but the application must be submitted by your spouse or parent residing in Poland, with your written consent.
6. What is a Dependent Visa (TRC)?
A Dependent Visa (TRC) allows family members to enter Poland and collect their residence card after the temporary residence permit is granted.
7. Can I work in Poland on a dependent visa?
Yes, family members reunited under this category generally have access to the labor market in Poland.
8. What happens if the sponsor dies or gets divorced?
In cases of divorce, separation, or death, a temporary residence permit may still be granted if justified by an important interest of the foreigner.
9. Is health insurance mandatory for family reunification?
Yes, proof of health insurance or coverage by the insurer for treatment costs in Poland is required.
10. Can I bring my parents or grandparents to Poland under family reunification?
Generally, only spouses and minor children are eligible. However, in some cases, further relatives may be considered under specific circumstances.