How to obtain a residence permit on the basis of marriage to a Pole - legal assistance
A residence card on the basis of marriage to a Polish citizen is a document that allows a foreigner to legally reside and work in Poland. Marriage to a Polish citizen is one of the grounds for obtaining a temporary or permanent residence permit (karta pobytu). However, the process of obtaining this document has its own legal nuances and requires careful preparation of documents.
What is a residence permit based on marriage?
A residence permit based on marriage to a Polish citizen is a temporary residence permit issued to a foreigner legally married to a Polish citizen. Such a residence card allows a foreigner to legally reside, work and enjoy all the rights granted to Polish residents. In most cases, the initial temporary residence permit is issued for 3 years with the possibility of further extension or application for permanent residence.
The main advantages of a residence card based on marriage:
- Legal residence and employment in Poland without the need to obtain additional work permits.
- Possibility to receive social benefits and access to the healthcare system.
- Ability to travel to Schengen countries without a visa for up to 90 days within 180 days.
- The right to apply for Polish citizenship after several years of residence under the terms of the residence card.
Documents required for obtaining a residence card on the basis of marriage
In order to obtain a residence card on the basis of marriage with a Polish citizen, you need to prepare and submit a package of documents to the voivodeship office at your place of residence. The list of documents may vary depending on the specific situation, so legal advice will help you prepare all the necessary documents correctly.
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Basic documents for obtaining a residence card:
- A completed application for a temporary residence permit (karta pobytu).
- A valid foreigner's passport.
- A marriage certificate registered in Poland.
- A copy of the passport of the Polish citizen (spouse).
- Documents confirming a stable source of income and health insurance.
- Documents confirming residence at the same address (rental agreement, certificate of residence registration).
In some cases, additional documents or confirmations may be required, such as a certificate of no criminal record or proof of payment of all required fees.
Main stages of obtaining a residence permit on the basis of marriage
The procedure for obtaining a residence card on the basis of marriage to a Polish citizen consists of several stages. It is important to comply with all the requirements and submit all the necessary documents in a timely manner to avoid delays or refusal.
The main stages of obtaining a residence card:
- Preparation and collection of documents required for the application.
- Submission of documents to the voivodeship office at the place of residence.
- Waiting for an invitation to a personal interview to confirm the legality of the marriage.
- Obtaining a decision on granting a temporary residence permit (karta pobytu).
If all documents are submitted correctly, the procedure can take from several weeks to several months. In the event of any problems or delays, it is recommended to seek the assistance of a lawyer who will help resolve any issues or disputes.
The role of a lawyer in the process of obtaining a residence permit
Legal assistance is an important part of the process of obtaining a residence permit on the basis of marriage. A lawyer will help you not only to prepare the documents correctly, but also to avoid possible mistakes that may lead to a refusal to issue the card.
Checking documents for compliance with the requirements of Polish law.
Preparation and submission of an application to the voivodeship office.
Representation in case of problems or refusal to obtain a residence card.
Obstacles and possible problems in obtaining a residence permit
Obtaining a residence permit on the basis of marriage can be difficult, especially if the authorities have suspicions about the authenticity of the marriage or other legal issues. It is important to know how to act in such situations.
The main obstacles and problems that may arise:
- Suspicion that the marriage is fictitious. The authorities may require additional evidence that the marriage is real, such as joint photos, correspondence, or testimonies from relatives and friends.
- Incorrect or incomplete documents. Legal advice will help you avoid such mistakes.
- Problems with income verification. It is important to have official documents confirming a stable source of income that ensures your residence in Poland.
If you have encountered difficulties or have been denied a residence card, contact a lawyer to appeal the decision or prepare for re-submitting your documents.
Questions and answers
Question
Is an interview required to obtain a residence card on the basis of marriage?
Answer
Yes, in most cases, a foreigner and their Polish partner may be called for an interview to confirm the authenticity of the marriage. This is a standard procedure during which questions are asked about the relationship, cohabitation, and other details of the marriage.
Question
Can I work in Poland with a residence card obtained on the basis of marriage?
Answer
Yes, a residence card based on marriage allows you to work legally in Poland without the need to obtain additional work permits.
Legal assistance in obtaining a residence card on the basis of marriage
If you plan to obtain a residence permit on the basis of marriage to a Polish citizen, it is important to prepare all documents correctly and follow all procedures. A lawyer will help you to collect the necessary package of documents, avoid mistakes and ensure the successful receipt of a residence card. In addition, the lawyer will be able to help in case of difficulties or refusal.
Obtaining a residence permit on the basis of marriage to a Polish citizen is an important step in legalizing your stay in the country. Correctly executed documents and compliance with all the requirements of Polish law will allow you to avoid refusals or delays in the consideration of your case. Legal assistance will greatly simplify this process and ensure a positive result.