The EU Member States have developed a special directive, which emphasizes that foreigners residing lawfully in the territory of the European Union have the right to live with them family members, citizens of countries that are not part of the European Union. This right is recognized by the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950).
Citizens who have a residence permit in Poland on the basis of residence permit or permanent residence for at least 3 years have the right to apply for family reunification and temporary residence permits for the husband or wife (the marriage must be recognized as lawful under Polish law) or permanent residence.
The right to family reunification is enjoyed by:
Legal spouse or spouse; Children of a married couple, native or adopted, unmarried, who have not reached adulthood; Young children of one of the spouses who live with the parent by common consent; Parents who are on the maintenance of children and who do not have other children at home, as well as those who have reached the age of 65 and do not have children who are able to keep them for health reasons. This fact must also be documented; Adult children who are not married do not provide themselves for an objective reason or because of their total disability (invalids). The degree of incapacity for work can be confirmed by a doctor accredited by the embassy.
Diplomatic and consular missions have the right to demand additional information, confirmed by documents, the period of issuance of which must be at least six months. The papers must be apostilled, and their translation is legalized.
The right to reunification can only be used by one wife. Children of wives from their other marriages do not have this right, unless the child’s rights stipulated in the 1989 Convention on the Rights of the Child are infringed. The country to which the petition is submitted must, within six months, respond to the petition. For this, it is necessary to provide documents confirming kinship. In addition, the embassy can be interviewed in Polish. The questions are usually uncomplicated concerning everyday life, children, biography, profession, education.
The grounds for refusal may be issues of public order, public health and considerations of internal security.
The head of the household usually requires the availability of housing that meets safety standards and hygiene requirements, stable incomes sufficient to cover the costs of himself and all family members (without the use of social services benefits), medical insurance for injuries and illnesses, compliance with the requirements of emigration legislation. Sometimes it may be necessary to stay in Poland for a certain period of time before reunification.
In addition to the residence permit for the same period as the person who submitted the petition, members of his family receive the rights to education, employment and professional development on the same conditions as the applicant. If the head of the family is the holder of a permit for permanent residence, family members are issued a permit for a period of two years. It is valid for a year from the date of issue, can be extended for another two years. At the end of five years, a separate residence permit is granted to the spouse and children. The authenticity of marriage is carefully checked, for this use a variety of means, in case of doubt, the petition is rejected, the decision on its validity can be challenged during the judicial procedure.
The following documents must be attached to the application for the issuance of a permit for the restoration of the family:
A copy of the certificate attesting to legal marriage; Copy of the birth certificate; A copy of the court decision on the adoption or establishment of custody of the child, which has gained legal force; Documents confirming the existence of legal income (employment contract or other); if you have your own finances – bank statements; Documents certifying the availability of housing (a lease or a certificate of ownership of housing).
To obtain a visa for family reunification with a spouse or spouse who is a citizen or a citizen of Poland, it is necessary to submit such documents:
Application form in Polish for obtaining an entry visa; Two photographs, the size of a passport, pictures should be recent; Photocopy of the internal passport; Valid passport with copies; Application of a citizen of Poland with a request for family reunification; A document confirming the relationship between the person who sends the request and the applicant. (Certificate of marriage, birth, certificate of the composition of the family). The document is required not less than 6 months, it must be translated into Polish, have an apostille and legalized. Legalization can be conducted in the consulate of the country that issued the document.