What this guide covers

You hold a temporary residence permit as a family member, and the situation in the family has changed: divorce, separation or death. The permit was issued because of a specific purpose of stay. When this purpose ceases, the voivode withdraws the permit (Art. 101 points 1 and 2 and Art. 166 para. 1 of the Act on Foreigners). The Act, however, knows cases in which you can receive a further permit.

The family of a Polish citizen

This concerns a permit for the spouse of a Polish citizen or for a minor child of a foreigner who is married to a Polish citizen (Art. 158 para. 1). A further permit is granted in the case of (Art. 158 para. 2):

  • divorce or separation - when your important interest speaks in favour of it,
  • widowhood - without an additional condition of interest,
  • the death of the parent of a minor child - when the important interest of the child speaks in favour of it.

Such a permit is granted once, for a period not longer than 3 years (Art. 158 para. 3).

The family of a foreigner (family reunification)

When you hold a permit for the purpose of family reunification, you are granted a permit when your important interest speaks in favour of it, in the case of (Art. 161 para. 2):

  • divorce, separation or widowhood - when you were married to a foreigner living in Poland,
  • the death of your parent who is a foreigner living in Poland,
  • the death of your minor child who was granted refugee status or subsidiary protection.

Here too the permit is granted once, for a period of up to 3 years (Art. 162 para. 3). In a case for a permit under Art. 159 para. 1 the office takes into account, among other things, the child's interest, the durability of family ties in Poland and the period of your stay (Art. 167).

Deadlines and duties

  • Notification. When the reason for granting the permit has ceased, notify the voivode within 15 working days (Art. 113 para. 1). The voivode may refuse a further permit for failure to notify if you submit the application within a year from the end of validity of the permit or from its final withdrawal (Art. 100 para. 2).
  • The application. This is a new application in MOS on the basis of Art. 158 para. 2 or Art. 161 para. 2. You submit it no later than on the last day of your legal stay (Art. 105 para. 1). After the deadline you lose the protection under Art. 108 para. 1 point 2.
  • Documents. The voivode may summon you to submit documents that confirm the change of situation (Art. 106f). See: summons to supplement.

When these provisions do not fit

After divorce or widowhood a permanent residence permit for the spouse of a Polish citizen is not an option, because the provision requires the foreigner to remain in the marriage (Art. 195 para. 1 point 4). You can check another purpose of stay, for example temporary residence and work. The Act also provides for a permit on the basis of other circumstances (Art. 187 point 8), which requires, among other things, insurance, a stable income and a place of residence (Art. 188 para. 3). For a refusal decision see refusal - what next.