Temporary residence for a foreign partner: can an informal relationship be a basis for legalising residence?

Being unmarried does not always rule out the possibility of legalising the residence of a partner who is a national of a country outside the European Union. In certain circumstances, a foreign national in a genuine and lasting informal relationship may apply for a temporary residence permit due to other circumstances. Proper evidence of the relationship and fulfilment of the remaining residence requirements are essential.

Not every relationship looks the same. More and more couples choose to live together without getting married. Questions may arise, however, when one of the partners is a foreign national from outside the European Union who wishes to remain legally in Poland for longer than three months.

Being unmarried does not always mean that obtaining a temporary residence permit is impossible. In certain circumstances, a person in an informal relationship with a Polish citizen or with a foreign national who holds an appropriate residence status in Poland may apply for a temporary residence permit due to other circumstances.

Such a permit is not granted automatically solely because the partners are in a relationship. An unmarried partner is not treated in the same way as a spouse, which means that each case requires an individual assessment and appropriate supporting evidence.

How can an informal relationship be proved?

It is essential to demonstrate that the relationship is genuine, lasting and reflected in the partners’ everyday lives. Statements made by the partners themselves may not be sufficient. The authority may examine, among other matters, the duration of the relationship, whether the partners live together, how they manage their household and the stability of their personal circumstances.

Depending on the circumstances of the case, useful evidence may include:

• a tenancy agreement signed by both partners,
• documents confirming that the partners live together or are registered at the same address,
• bills and contracts relating to the jointly occupied property,
• proof of shared expenses or bank transfers,
• photographs from different periods of the relationship,
• tickets, reservations or documents confirming trips taken together,
• correspondence and other materials confirming regular contact,
• statements or documents showing that the partners maintain a joint household.

There is no single exhaustive list of evidence suitable for every case. The documentation should be consistent, credible and appropriate to the partners’ actual circumstances.

What additional requirements must be met?

Providing evidence of an informal relationship is very important, but it is usually not the only requirement for obtaining a permit. The foreign national should also demonstrate that they have:

• health insurance or confirmation that an insurer will cover the cost of medical treatment in Poland,
• a stable and regular source of income sufficient to cover living expenses,
• a secured place of residence in Poland,
• a valid travel document and documents confirming the partner’s identity and residence status in Poland.

Where the foreign national is financially dependent on their partner, additional documents may be required to demonstrate how sufficient financial resources are provided. The scope of the documentation should always be adapted to the specific circumstances of the case.

Does this permit allow the foreign national to work legally?

A temporary residence permit granted due to other circumstances does not automatically give the foreign national the right to work in Poland. A separate legal basis for lawful employment is required, unless the person is exempt from the obligation to obtain a work permit under other regulations.

Before starting employment, it is therefore advisable to verify not only the legality of residence, but also whether the person is legally entitled to work in the specific position and for the specific employer.

Free assistance with preparing the application

At the INTEURO Information Point, we have already assisted with cases involving the legalisation of residence on the basis of a genuine informal relationship. We help analyse the foreign national’s individual circumstances, assess the available documentation and prepare applications based on this ground for residence.

Under the project “INTEURO – integration of foreigners in the Świętokrzyskie Voivodeship”, the Integration Europe – East Association provides free advisory support concerning the legalisation of residence in Poland. The assistance includes, among other services, an analysis of the documentation and the preparation and completion of an application for a temporary residence permit through the MOS system.

Do you have any questions? Contact us

Support is provided by
the Integration Europe – East Association
under the project
“INTEURO – integration of foreigners in the Świętokrzyskie Voivodeship”.

This material is for information purposes only and does not replace an individual legal assessment or the evaluation carried out by the competent voivodeship office.

The project is co-financed by the European Union under the European Funds for Migration, Borders and Security.

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