Spouse of a Polish citizen
A temporary residence permit for a family member of a Polish citizen is granted to a foreigner married to a Polish citizen, in a marriage recognised by Polish law (Art. 158 para. 1 point 1 of the Act on Foreigners). With this ground the Act does not require income or housing.
After a divorce or separation, when your important interest justifies it, and after the death of your spouse, you can get a further permit - once, for up to 3 years (Art. 158 paras. 2 and 3). After 3 years of marriage and 2 years of residence on this permit you can apply for permanent residence.
Spouse of a foreigner - family reunification
A temporary residence permit for family reunification is granted to the spouse of a foreigner who lives in Poland, among others (Art. 159 para. 1 point 1):
- on permanent residence or as an EU long-term resident,
- for at least 2 years on consecutive temporary residence permits, the last one granted for at least 1 year,
- on an EU Blue Card or a permit for a researcher,
- with refugee status or subsidiary protection.
The spouse must have health insurance, a stable and regular income and a place to live in Poland (Art. 159 para. 1 points 2 and 3). The income can be provided by a family member who lives in Poland and is obliged to support you (Art. 163 para. 2). The permit is usually granted until the end of validity of the permit of the person you join (Art. 162 para. 1a).
If the spouse is abroad, the application is submitted on their behalf by the foreigner living in Poland, with the spouse's written consent (Art. 168 paras. 1 and 2).
The marriage must be genuine
The voivode checks whether the marriage was concluded to circumvent the rules (Art. 169 para. 1). Among other things, the voivode establishes whether the spouses live together, whether they met before the wedding, whether they speak a language both understand and whether they agree on their personal data (Art. 169 para. 2).