ul. Dywizjonu AK "Jeleń" 7B/U4, WarszawaLegal basis
Art. 159
Act on Foreigners
Permit validity
Up to 3 years
never beyond sponsor’s permit
Official fees
PLN 340 + 100
stamp duty + residence card
Income benchmark
PLN 823 net
per family member / month
Right to work
No work permit
full labour-market access
Realistic timeline
Several months
statutory 60 days is often exceeded
In this guide
01 · The basics
What is the family reunification residence permit?
The temporary residence permit for the purpose of family reunification (zezwolenie na pobyt czasowy w celu połączenia się z rodziną) allows the spouse and minor children of a foreigner who lives in Poland legally to join them and live in Poland on a stable basis. It is governed by Article 159 of the Act of 12 December 2013 on Foreigners and implements the EU Family Reunification Directive (2003/86/EC).
The key feature of this permit is that your family member does not need to qualify independently – for example through a job offer or studies. Their right to stay is derived from your status in Poland (in this guide we call you the “sponsor”). In return, the law requires you to prove that you can support the family: health insurance, a stable income and a place to live.
The permit is granted for up to 3 years. If you, the sponsor, hold a temporary residence permit, your family member’s permit will not be granted for longer than your own permit. The holder receives a residence card with the annotation “dostęp do rynku pracy” (access to the labour market).
Is this the right permit for your situation?
Yes – this permit
You are a non-EU foreigner living in Poland on a qualifying residence title and you want your spouse and/or minor children to join you.
Different permit
Your spouse is a Polish citizen. You apply under a separate provision – see our guide on the residence permit for a spouse of a Polish citizen.
Different procedure
Your family member is a citizen of an EU/EEA country or Switzerland. Their non-EU relatives obtain a residence card of an EU citizen’s family member under a separate act.
02 · Eligible family members
Who can join you in Poland?
The list of family members in Article 159(3) is closed. Only the following persons can obtain this permit:
Your spouse
A person married to you in a marriage recognised under Polish law.
Your joint minor child
A minor child of you and your spouse, including an adopted child.
Your own minor child
Including an adopted child, who is dependent on you and over whom you actually exercise parental authority.
Your spouse’s minor child
Including an adopted child, who is dependent on your spouse and over whom your spouse actually exercises parental authority.
Good to know: age is checked on the filing date
A child counts as a minor if they were under 18 on the day the application was filed (Art. 159(3a)). If your child turns 18 during the proceedings, they remain eligible – but if they turn 18 before you file, this route closes. File early.
Not covered by this permit
Unmarried or cohabiting partners, adult children, parents, siblings and other relatives. The only extension applies to refugees and beneficiaries of subsidiary protection: parents (or a responsible adult) of an unaccompanied minor can also qualify (Art. 159(4)). Other relatives may have alternative routes – ask us.
03 · The sponsor
Requirements for you, the family member already living in Poland
Not every residence title allows you to bring your family. You must live in Poland on the basis of one of the titles listed in Article 159(1)(1). Some of them allow family reunification immediately; the most common one – an ordinary temporary residence permit – requires a waiting period.
| Your residence title in Poland | When can your family apply? |
|---|---|
| Permanent residence permit | Immediately |
| EU long-term resident permit | Immediately |
| Refugee status or subsidiary protection | Immediately – with simplified conditions (see below) |
| Consent to stay for humanitarian reasons | Immediately |
| EU Blue Card (temporary residence permit for highly qualified employment) | Immediately |
| Intra-corporate transfer (ICT) permit or long-term ICT mobility permit | Immediately |
| Researcher: permit for scientific research, national visa for research or development work, or long-term researcher mobility permit | Immediately |
| UK national with residence rights under the Brexit Withdrawal Agreement | Immediately |
| Any other temporary residence permit (e.g. residence and work, business activity) | After at least 2 years of residence on consecutive temporary residence permits – and your current permit must have been granted for at least 1 year |
The 2-year rule – read this carefully
Only time spent on consecutive temporary residence permits counts. Time on a visa, visa-free travel or while waiting for your first permit does not. In addition, the permit you hold immediately before filing your family member’s application must have been granted for no less than 1 year. We regularly see applications refused because the sponsor miscounted these periods – check the exact dates on your decisions before you file.
04 · Material conditions
Health insurance, stable income and accommodation
All three conditions of Article 159(1)(2)–(3) must be met cumulatively. Missing even one of them is enough for the Voivode to refuse the permit.
1. Health insurance
Your family member must have health insurance within the meaning of the Polish Act on publicly funded healthcare (NFZ/ZUS), or confirmation from an insurer that treatment costs in Poland will be covered.
Tip: an insured employee can register their spouse and children as family members in ZUS (form ZUS ZCNA). For a family member still abroad, a private policy covering treatment in Poland from the day of arrival is usually used.
2. Stable and regular income
A source of stable and regular income sufficient to cover the living costs of the applicant and dependent family members. The benchmark used by the offices is the social-assistance income threshold: PLN 823 net per person in the family, per month (in force since 1 January 2025).
Tip: offices assess not only the amount, but whether the income is stable – i.e. likely to continue for the duration of the permit.
3. Secured accommodation
A place to live in Poland for the family members who are joining you: an owned flat, a lease agreement, an agreement giving you the right to use the premises, or a statement from the person entitled to the premises.
Tip: make sure your lease allows additional occupants – many standard agreements limit who may live in the flat.
How much do you need to earn? Minimum net monthly income
| Household (including you) | Calculation | Minimum net / month |
|---|---|---|
| 2 persons – you + spouse | 2 × PLN 823 | PLN 1,646 |
| 3 persons – you + spouse + 1 child | 3 × PLN 823 | PLN 2,469 |
| 4 persons – you + spouse + 2 children | 4 × PLN 823 | PLN 3,292 |
| 5 persons – you + spouse + 3 children | 5 × PLN 823 | PLN 4,115 |
This is the statutory floor, not a safe target. Offices look at your whole financial situation, and some also consider how much remains after fixed costs such as rent. In practice we advise a comfortable margin above the minimum and full documentation of every source of income.
Simplified rules for refugees and beneficiaries of subsidiary protection
If the application is filed within 6 months of the sponsor being granted refugee status or subsidiary protection, the insurance, income and accommodation requirements do not apply (Art. 159(2)). After that deadline, the standard conditions must be met – so timing is critical.
05 · How to apply
Two ways to apply – depending on where your family member is
Since 27 April 2026, applications for temporary residence permits are filed only electronically through the government portal MOS (Moduł Obsługi Spraw, mos.cudzoziemcy.gov.pl). Family reunification is one of the few exceptions: when the family member is outside Poland, the application is still filed on paper by the sponsor.
06 · Procedure
The procedure step by step
The Voivode should issue a decision within 60 days. However, this period only starts once the file is complete – i.e. the applicant has appeared in person (if required), formal defects have been removed and all requested documents have been delivered. In practice, depending on the Voivodeship, the whole procedure often takes several months.
-
1
Eligibility check and strategy
Confirm your residence title and the 2-year period (if it applies), calculate the income requirement for your household and choose Route A or Route B.
-
2
Collecting and translating documents
Civil-status documents (marriage and birth certificates), proof of income, insurance and housing. Every foreign-language document needs a sworn translation into Polish.
-
3
Paying the stamp duty (PLN 340)
Paid to the account of the city office competent for the Voivode’s office handling your case. Keep the confirmation – it is attached to the application.
-
4
Filing the application
Route A: electronically in MOS by the family member. Route B: on paper by the sponsor at the competent Voivode’s office.
-
5
Proceedings before the Voivode
The office may summon you to supplement documents or give explanations. Answer within the deadline stated in the letter – often only 7 to 14 days. Missing it may result in the application being left unexamined.
-
6
Decision
If all conditions are met, the Voivode issues an administrative decision granting the temporary residence permit for family reunification.
-
7
National visa “22” (Route B only)
With the positive decision, the family member applies for a national visa at the Polish consulate and travels to Poland.
-
8
Residence card
After fingerprints are taken and the PLN 100 fee is paid, the residence card is produced. Collect it within the deadline set by the office – under the new rules an uncollected card can be invalidated.
Example from practice
A software engineer has lived in Wrocław for 2 years and 4 months on two consecutive temporary residence and work permits; the current one was granted for 2 years. His wife and two children (8 and 16) live abroad. His household has 4 persons, so the benchmark is 4 × PLN 823 = PLN 3,292 net per month; he earns considerably more under a permanent employment contract and rents a three-room flat. He files a paper application (Route B) at the Lower Silesian Voivode’s office. Because his elder child is under 18 on the filing date, the child qualifies even if they turn 18 while the case is pending. After the decisions are issued, the family obtains national “22” visas, travels to Poland and collects their residence cards.
07 · Documents
Document checklist
Polish law does not contain one closed list of attachments – the Voivode may request any document needed to confirm the conditions. The checklist below reflects what offices ask for in practice.
About the family member
- Completed application (in MOS or on the paper form)
- Current photograph (35 × 45 mm, taken within the last 6 months; in MOS as a digital file)
- Valid passport – copies of all pages (original for inspection; for Route B usually a copy certified by a Polish consul)
- Marriage certificate and/or child’s birth certificate, with sworn translation
- For a child from another relationship: proof that the parent actually exercises parental authority (e.g. a custody court decision)
- Proof of health insurance (ZUS registration as a family member or an insurance policy covering Poland)
- Route B: written consent of the family member to the application being filed on their behalf
About you, the sponsor
- Your residence card and/or the decision granting your residence title
- If the 2-year rule applies: previous decisions proving consecutive temporary residence permits
- Income: employment or civil-law/B2B contract, employer’s certificate of earnings, annual tax return (PIT) for the previous year, bank statements
- Certificates of no arrears from ZUS and the tax office; ZUS RCA/ZCNA printouts where relevant
- Accommodation: lease or ownership document, registration of residence (meldunek) or the owner’s statement
- Confirmation of payment of the PLN 340 stamp duty
Formalities that often cause delays: all foreign-language documents must be translated into Polish by a sworn translator; foreign civil-status documents may need an apostille or legalisation; many offices expect civil-status extracts that are recent (often issued within the last 3 months). A power of attorney for a lawyer requires PLN 17 stamp duty.
08 · Costs
Fees and costs
| Item | Amount | Notes |
|---|---|---|
| Stamp duty for the permit | PLN 340 | Paid before filing (proof attached). Payable per applicant – e.g. spouse + 2 children = PLN 1,020. Not refunded if the permit is refused. |
| Residence card | PLN 100 | Paid after the permit is granted. Reduced to PLN 50 for children under 16. |
| Power of attorney | PLN 17 | Only if you are represented by a lawyer. |
| Sworn translations, apostilles | variable | Depend on the number of pages and the issuing country. |
| National visa (Route B) | consular fee | Charged by the Polish consulate according to its current fee schedule. |
See also: Fees for the residence card and the temporary residence permit application.
09 · After the decision
Your family’s rights once the permit is granted
Work without a work permit
The residence card bears the annotation “dostęp do rynku pracy”. Your spouse can take up employment with any employer without a work permit or other formalities.
Run a business
Holders may conduct business activity on the same terms as Polish citizens – including registering a sole proprietorship in CEIDG.
Travel in the Schengen Area
With a valid residence card and passport, your family can travel to other Schengen countries for up to 90 days in any 180-day period.
A path to long-term residence
After 5 years of continuous legal residence, your family may apply for an EU long-term resident permit (stable income, insurance and Polish at B1 level are required) and later for Polish citizenship.
Renewal and changes: to stay longer, a new application must be filed before the current permit expires – no later than the last day of legal stay. If the purpose of the permit ceases (for example after a divorce, or if the sponsor loses their residence title), the permit may be revoked, so seek advice as soon as your circumstances change.
10 · Risks
Reasons for refusal – and how to appeal
| Typical reason for refusal | How we prevent it |
|---|---|
| No health insurance or no confirmation that treatment costs in Poland will be covered | We check the policy or ZUS registration before filing. |
| Income not proven to be stable, regular or sufficient | We calculate the requirement for your household and build a complete income file. |
| No secured accommodation | We review the lease and obtain the owner’s statement where needed. |
| The sponsor does not hold a qualifying title or has not completed the required period of residence | We verify dates on all previous decisions and choose the right moment to file. |
| False or misleading information or documents; a marriage concluded to circumvent immigration law | We prepare consistent, well-documented evidence of a genuine family relationship. |
| Threat to defence, state security or public order; entry in the SIS or the list of undesirable foreigners | We check for existing entries and advise on removal procedures before filing. |
Negative decision? You have 14 days
An appeal to the Head of the Office for Foreigners is lodged via the Voivode who issued the decision, within 14 days of its delivery. A second-instance decision can be challenged before the Voivodeship Administrative Court in Warsaw.
Case taking too long?
If the Voivode exceeds the statutory deadline, you can file a formal reminder (ponaglenie) to the Head of the Office for Foreigners and, if necessary, a complaint about inaction to the administrative court.
11 · Lessons from practice
The most common (and costly) mistakes
Filing too late. In Route A the application must be filed during legal stay – one day late and the case is lost.
Miscounting the 2 years. Visa time does not count, and the current permit must be granted for at least 1 year.
Income “just above” the minimum or without a documented history (no PIT, a brand-new contract).
A lease that does not cover the family or lacks the owner’s consent for additional occupants.
Untranslated or outdated civil documents – no sworn translation, no apostille when requested.
Ignoring a summons or missing the fingerprint appointment – the application can be left unexamined.
Using the wrong channel – trying to file in MOS for a family member who is abroad (paper is required).
Travelling during the procedure without a valid visa or residence card – the certificate of application is not a travel document.
12 · KRASUSKI Legal
Family reunification in Poland: what our attorneys can do for you
We guide sponsors and their families through the whole process – from the first eligibility check to the moment your family collects their residence cards.
Eligibility & strategy review
Your title, the 2-year period, the income test and the best route – assessed before you spend money on fees.
Complete application
Preparation of the MOS or paper application with all attachments, translations and evidence.
Representation before the Voivode
We act on your behalf, answer summonses and keep every deadline under control.
Document search assistance
Help obtaining civil-status records, apostilles and sworn translations.
Delays & inaction
Formal reminders (ponaglenie) and complaints when the office exceeds its deadlines.
Appeals & court representation
A well-founded appeal to the Head of the Office for Foreigners and representation before the administrative courts.
13 · FAQ
Frequently asked questions
How long does the family reunification procedure take?+
The statutory deadline is 60 days, counted from the moment the file is complete. In practice, the whole process usually takes several months, depending on the Voivodeship and on how quickly summonses are answered. For Route B, add the time needed to obtain the national visa and the residence card.
Does my family member have to be in Poland to apply?+
No. If your spouse or child is abroad, you – the sponsor – file the application in Poland on their behalf, on paper. After the permit is granted, they apply for a national visa and travel to Poland.
I hold an EU Blue Card. Do I have to wait 2 years?+
No. Blue Card holders, ICT permit holders, researchers, permanent residents, EU long-term residents and beneficiaries of international protection can bring their family without the 2-year waiting period. The income, insurance and accommodation conditions still apply (with the 6-month exception for refugees and beneficiaries of subsidiary protection).
Whose income counts – mine or my spouse’s?+
In practice, the offices look at the financial situation of the family as a whole – most often the sponsor’s earnings in Poland. What matters is that the income is documented, stable, regular and sufficient for every person in the household (benchmark: PLN 823 net per person per month).
Can my spouse work while the application is pending?+
The permit itself gives full access to the labour market, but a pending application alone does not automatically do so. Whether your spouse can work in the meantime depends on the basis of their current stay and any existing work authorisation – we check this individually.
Can we travel abroad while waiting for the decision?+
The certificate confirming that the application was filed confirms legal stay in Poland, but it is not a travel document. Leaving the Schengen Area without a valid visa or residence card may make it impossible to return. Talk to us before booking any trip.
My child turns 18 soon. Is it too late?+
What matters is the child’s age on the day the application is filed. If the application is filed before the 18th birthday, the child remains eligible even if they turn 18 during the proceedings. Do not wait – file as early as possible.
Can I bring my unmarried partner or my parents?+
Not under this permit. It covers only a spouse in a marriage recognised under Polish law and minor children (plus, for refugees, the parents of an unaccompanied minor). Other relatives need a different residence basis – we can assess the options.
Do foreign documents need a translation or an apostille?+
Every document in a foreign language must be submitted with a translation into Polish made by a sworn translator. Depending on the issuing country, the office may also require an apostille or consular legalisation of civil-status documents.
What happens if the application is refused?+
You can appeal to the Head of the Office for Foreigners within 14 days of receiving the decision. A well-prepared appeal can correct gaps in the evidence. If the appeal is dismissed, the case can go to the Voivodeship Administrative Court in Warsaw.
Can the permit be extended?+
There is no automatic extension – your family member files a new application (in MOS, as they are then in Poland) no later than the last day of legal stay. All conditions are checked again, including the sponsor’s residence title and income.
Your attorney
Konrad Krasuski – Attorney at law
KRASUSKI Legal advises foreigners and employers on Polish immigration law: residence permits, family reunification, appeals and Polish citizenship. Tell us about your family’s situation and we will tell you which route gives the best chance of success.
Warsaw: +48 502 115 589 Wrocław: +48 71 719 59 08
Mobile: +48 736 860 916 office@krasuski.legal
Legal basis: Article 159 of the Act of 12 December 2013 on Foreigners (consolidated text: Journal of Laws 2025, item 1079, as amended), including the amendment introducing electronic filing through MOS for applications lodged from 27 April 2026; Directive 2003/86/EC on the right to family reunification; income thresholds under the Act on Social Assistance applicable from 1 January 2025. Official information: Office for Foreigners (UDSC) and MOS portal.
Legal status as of September 2026. This article is general information and does not constitute legal advice for an individual case.
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