Marriage to a Polish citizen is one of the circumstances justifying the application for a permit to stay in Poland for a fixed period – this concerns only a marriage recognized under the law, not under a religion. Those who remain in the relationship recognized by a religion also have an opportunity to legalize their stay in Poland, but it will be a different legal basis and therefore, will have to meet other requirements.
The spouse of a Polish citizen applying for a temporary residence permit does not have to meet the conditions concerning source of income or health insurance. The applicant should enclose the act of marriage and a copy of spouse’s personal ID card.
During the proceedings, the province governor examines whether the marriage was not entered by a couple only in order to legalize the foreigner's stay in Poland. For this purpose, the spouses are invited to the office for questioning, during which they are asked about various facts from their life. Voivode may be also willing to question some witnesses, e.g. someone from our family or a witnesses present at the wedding ceremony. Additionally, a community interview may be conducted by Border Guards.
Polish law describes cases of pretended marriage. If during the stay procedure of one of the family’s members of EU, some circumstances suggest that:
1) One of the spouses got married in exchange for financial benefits, as long as such practice is not a result of rooted custom of certain country or social group
2) Spouses do not fulfill their marriage responsibilities
3) Spouses does not live together
4) Spouses have never met before wedding
5) Spouses cannot communicate in any language
6) Spouses argue about personal data and other important details
7) One of the spouses, or both have contracted a pretended marriage in the past
A temporary residence permit due to marriage with a Polish citizen shall be granted for a period not longer than three years. Remember that such permission can receive a person who is staying in Poland without residence permits, i.e. “illegal.” This is one of the few cases when a person with no regular residence may obtain a positive decision.
1. Set of 12 December 2013 Act on Foreigners