Moving and living in a new country is a significant challenge, especially when accompanied by children. As foreign parents residing in Poland, one of your key responsibilities is to ensure the legal residence status of your children. Immigration regulations apply to every person staying in the territory of the Republic of Poland, regardless of age. How can you effectively legalize your child’s stay in Poland? This step-by-step guide will explain the most important issues.

Basic rule: every child needs legal stay

This is the fundamental principle: every child of foreign parents who intends to live in Poland longer than allowed by short-term stay regulations (e.g., visa-free movement) must have their own valid document legalizing their stay. It is not sufficient for the parents to have regulated status. The child needs their own visa or, most commonly, a residence permit (residence card).

Child born in Poland – What next?

The situation of a child born in Poland to foreign parents requires specific steps:

  1. Does the child automatically receive Polish citizenship? As a rule – no. Poland primarily follows the “law of blood” (ius sanguinis) principle, meaning a child acquires citizenship from their parents. The mere fact of being born in Poland (ius soli) grants citizenship only in exceptional situations (e.g., if the parents are unknown, stateless, or their citizenship cannot be determined, and the child was born in Poland).
  2. Birth Registration: The first step is to register the child’s birth at the Polish Civil Registry Office (Urząd Stanu Cywilnego – USC) competent for the place of birth. There you will receive a Polish birth certificate (akt urodzenia).
  3. Obtaining a Passport for the Child: With the Polish birth certificate, you must go to the embassy or consulate of your country (or countries) of origin to obtain a passport for your child. It is essential for further legalization of stay.
  4. Legalization of Stay in Poland:
  5. Initial Period of Legality: According to the Act on Foreigners, the stay of a child born in Poland is considered legal for the validity period of the parent’s (or parents’) national visa or temporary residence permit, if the child was born during the validity period of that document. If the parent was staying under visa-free movement, the child’s stay is legal for the same period.
  6. Necessity to Apply for a Permit: This initial period of legality is limited. Therefore, you must apply for a temporary (or in some cases, permanent) residence permit for your child before your current residence title expires (or within another appropriate timeframe if you have, e.g., permanent residence). The application is submitted to the Voivode.

Child who arrived in Poland with parents

If your child arrived in Poland with you, their situation is slightly different:

  • Entry: The child must have entered Poland legally – based on their own visa (if required) or under visa-free movement (if they are a citizen of a country covered by it and have a biometric passport).
  • Legalization of Longer Stay: For the child to stay in Poland longer than allowed by the visa or visa-free movement, you must apply for a temporary residence permit for them.
    • Separate Application: Generally, a separate application is required for the child, although it can often be submitted together with the parent’s application (e.g., when the parent is extending their stay).
    • Purpose of Stay: The most common purpose of the child’s stay is “stay with family,” meaning residing with the parent(s) who already have regulated status in Poland (e.g., a valid temporary or permanent residence permit, EU Blue Card).
    • Deadline: The application must be submitted during the child’s legal stay in Poland, before the expiry of their visa or the allowed period of visa-free stay.

How to apply for a residence permit for a child?

The procedure for applying for a residence permit (usually temporary) for a child is as follows:

  • Who Applies: The application on behalf of a minor child is submitted by a parent or legal guardian. A child over 6 years old usually needs to be present when submitting the application at the office for fingerprinting.
  • Where: The application is submitted to the Voivode competent for the family’s place of residence in Poland (at the Voivodeship Office, Department for Foreigners’ Affairs).
  • When: During the child’s legal stay in Poland, sufficiently in advance before the current status expires. Submitting the application on time results in the so-called stay “on stamp.”
  • Required Documents (Example List):
    • Completed application form for a temporary residence permit.
    • Child’s valid passport (original for inspection) and a copy (all recorded pages).
    • Child’s current photographs (meeting requirements).
    • Polish birth certificate (if born in Poland) or foreign birth certificate (often with sworn translation into Polish and legalization or apostille).
    • Copies of documents confirming the parents’ legal status in Poland (e.g., valid residence cards, visas).
    • Proof of health insurance for the child.
    • Documents confirming possession of sufficient financial means to cover the living costs of the child and parents in Poland OR proof of parents’ stable and regular source of income.
    • Document confirming possession of accommodation (e.g., apartment rental agreement, property deed).
    • Proof of payment of the stamp duty for the application and residence card issuance.

The list may vary depending on the specific situation and the requirements of the particular Voivodeship Office – always check the current requirements on the office’s website!

Permanent residence or citizenship for a child – When possible?

In some situations, a foreign child may qualify for a permanent residence permit (e.g., if born in Poland while parents had permanent/EU long-term resident status) or even Polish citizenship (e.g., if one parent is Polish, in certain cases of birth in Poland, or later through recognition or granting, often linked to the parents’ status). However, these are more complex procedures requiring fulfillment of additional conditions.

Scenario: legalizing stay of an infant born in Warsaw

Mr. and Mrs. Kowalski are from Vietnam, both work in Warsaw and hold valid temporary residence and work permits. Their son is born in Warsaw.

  1. They register their son’s birth at the Civil Registry Office and receive a Polish birth certificate.
  2. At the Vietnamese Embassy, they apply for a passport for their son.
  3. Knowing their own residence permits are valid for another 2 years, they submit (before the baby turns 3 months old or simply at a convenient time during the validity of their cards) an application for a temporary residence permit for their son to the Masovian Voivode. They state “stay with a family member” as the purpose.
  4. They attach documents including the son’s birth certificate, a copy of his passport, copies of their residence permits, proof of health insurance covering the son, income statements, and the apartment rental agreement.
  5. After a positive decision, the son receives his first residence card.

Key steps for parents – Summary

  • For a child born in Poland: Register the birth at the USC -> Obtain a passport at the consulate -> Apply for a residence permit for the child to the Voivode before your legal stay expires.
  • For an arriving child: Ensure legal entry (visa/visa-free) -> Apply for a residence permit for the child to the Voivode before their visa or allowed visa-free stay expires.
  • Always act well in advance! Official procedures take time.
  • Carefully gather the documents required by the Voivodeship Office.

Need help legalizing your child’s stay?

We understand that formalities related to legalizing a child’s stay can seem complicated. Our law firm offers support to foreign parents:

  • We help understand which procedure is appropriate for your child.
  • We assist in compiling the required documentation.
  • We help correctly fill out and submit the application for the child’s residence permit.
  • We provide information on further steps after obtaining the permit.

Ensure a peaceful and legal future for your child in Poland. If you have questions or need help navigating the official procedures, contact us.

(Please remember that this article is general and informational. Specific requirements may vary depending on the individual situation and the specific Voivodeship Office. Always verify information from official sources or consult a lawyer specializing in immigration law.)

Permanent residence card in Poland – Who can receive it and what does it grant?
List of professions exempt from the starosta’s opinion – Check if yours qualifies