28.05.2020 – Legal status of a foreigner after marriage or divorce with a Pole

What is the legal status of a stay in Poland of a foreigner after getting married to a Pole?

If a foreigner has entered into a marriage recognised by Polish law with a Polish citizen, the right of temporary residence for a family member of a Polish citizen is granted to them upon their application.

If the above mentioned marriage of a foreigner to a Polish citizen lasts for at least 3 years, after the expiry of this period the foreigner may apply for granting them a permanent residence permit if immediately before submitting this application they have been continuously residing on the territory of the Republic of Poland for a period not shorter than 2 years.  The permanent residence permit is granted for an indefinite period. Permits are issued by a competent voivode.

It should be remembered, however, that the permanent residence permit may be revoked if the foreigner divorces within 2 years from the date on which they were granted such a permit. However, this refers to obtaining a legally binding divorce decision within 2 years from granting the permanent residence permit. The initiation of divorce proceedings alone does not meet this condition.

What is the legal status of the stay in Poland of a foreigner after divorce from a Pole?

A temporary residence permit for a family member of a citizen of the Republic of Poland is granted to a foreigner if they are in a marriage to a citizen of the Republic of Poland recognised by the law of the Republic of Poland. A foreigner holding a temporary residence permit for a family member of a Polish citizen is granted another permit in the case of a divorce or separation of a foreigner, if this is justified by their important interest. In the application the foreigner should demonstrate the aforementioned important interest, which will be e.g. a common child from that marriage who resides in Poland. A temporary residence permit is granted once for a period not exceeding 3 years. Another way to legalise the stay on the territory of the Republic of Poland will be, among others, to submit an application for temporary residence in connection with gainful employment or running a business activity or starting or continuing education at a university.