The decision to marry is one of the most important moments in life. When the chosen one is a citizen of another country, especially from outside the European Union, a number of legal and formal questions arise. What documents are needed? How to legalize the spouse’s stay in Poland? Will they be able to work legally? Below we answer the most frequently asked questions regarding marriages to foreigners in Poland.
Questions regarding wedding formalities in Poland
Q1: What documents must a foreigner present to have a civil marriage in Poland?
A: A foreigner intending to marry at a Polish Civil Registry Office (Urząd Stanu Cywilnego – USC) must primarily present:
- A valid identity document (usually a passport).
- An extract of the birth certificate, typically with a sworn translation into Polish and legalization or an Apostille clause (depending on the country of issue).
- If previously married – a document confirming the termination or annulment of the previous marriage (e.g., a final divorce decree, spouse’s death certificate extract), also with translation and legalization/Apostille.
- A certificate of legal capacity to marry issued by the competent authority in their country of origin OR a final decision of a Polish family court exempting them from the obligation to submit such a certificate.
Q2: What if my fiancé(e) (a foreigner) cannot obtain the certificate of legal capacity from their home country?
A: This is a common problem, especially for citizens of some African, Asian, or Middle Eastern countries. If obtaining the certificate is impossible or faces insurmountable obstacles, the foreigner can apply to a Polish family court (competent for the place of residence of one of the fiancés in Poland) for an exemption from the obligation to submit this document. The court examines the case and, if it finds no legal obstacles to the marriage (e.g., the person is not already married), it can issue an appropriate decision. Such a court decision then replaces the required certificate at the USC. However, the court procedure takes time.
Q3: Does the foreigner need a visa or residence card to marry in Poland?
A: For the wedding ceremony itself at the USC, it is sufficient for the foreigner to be legally staying in Poland. This could be, for example, a stay under visa-free movement (if applicable) or based on a valid visa (even a tourist one). However, getting married does not automatically legalize further stay. Therefore, if you plan a life together in Poland, the foreigner will need to obtain an appropriate residence title (e.g., a temporary residence permit based on marriage) – which often requires a prior long-term visa or the possibility of applying during another legal stay.
Q4: Is a translator needed during the civil ceremony?
A: Yes, if one of the fiancés (the foreigner) is not fluent in Polish. In such a situation, the presence of a sworn translator is mandatory both during the submission of documents and pre-marital declarations at the USC, and during the wedding ceremony itself. Arranging for a translator is the responsibility of the fiancés.
Questions regarding the foreign spouse’s stay and work after the wedding
Q5: Does marriage to a Pole automatically legalize the foreigner’s stay in Poland?
A: No. Marriage to a Polish citizen is a very strong basis for applying for legalization of stay, but it does not happen automatically. The mere fact of marriage does not grant the foreigner the right to reside.
Q6: How can the foreign spouse legalize their stay in Poland after the wedding?
A: The main and most common way is for the foreign spouse to apply for a temporary residence permit based on marriage to a Polish citizen. The application is submitted to the Voivode during the foreigner’s legal stay in Poland. A positive decision results in the issuance of a residence card.
Q7: Will my foreign spouse be able to work legally in Poland?
A: Yes. A foreigner who has obtained a temporary residence permit based on marriage to a Polish citizen has full access to the Polish labor market. This means they can take up work with any employer in Poland without needing an additional work permit.
Q8: How long does the procedure for obtaining a residence card for a spouse take?
A: The waiting time for a decision on a temporary residence permit varies depending on the voivodeship and the office’s workload. It can usually take from several to even over a dozen months. It is crucial to submit a complete application during the foreigner’s legal stay (allowing for legal stay “on stamp” pending decision).
Q9: Does the office check if our marriage is genuine?
A: Yes. State authorities (the Voivode when processing the residence application, sometimes the Border Guard) are obliged to verify whether the marriage was not contracted solely to circumvent regulations regarding the entry and stay of foreigners (so-called marriage of convenience or sham marriage). Officials may request proof of shared life (e.g., joint photos, rental agreements, joint bills, witness testimonies) or invite the spouses for an interview. Be prepared for this.
Other important issues
Q10: What about citizenship for the foreign spouse?
A: Marriage to a Polish citizen facilitates and shortens the path to obtaining Polish citizenship, but does not grant it automatically. A foreigner can apply for recognition as a Polish citizen if they have been married to a Pole for at least 3 years and have resided in Poland legally and continuously for at least 2 years based on a permanent residence permit or an EU long-term resident permit immediately before applying.
Q11: What if we got married abroad?
A: A marriage legally contracted abroad is valid, but for it to have legal effects in Poland (e.g., be the basis for legalizing stay), it must be registered in a Polish Civil Registry Office. This procedure is called transcription (registration) of a foreign marriage certificate. As a result, you receive a Polish marriage certificate extract.
Q12: Is it worth signing a prenuptial agreement (umowa majątkowa małżeńska)?
A: This is an individual decision for each couple. A prenuptial agreement allows regulating property relations differently than the statutory community property regime (e.g., introducing separation of property). This can be advantageous, for instance, in case of significant wealth differences or if one spouse runs a business with inherent risks. Such an agreement requires the form of a notarial deed. It’s worth consulting this matter with a lawyer or notary.
Where to seek help?
For matters related to marriage and legalization of stay, it is worth contacting:
- Civil Registry Office (USC): For wedding formalities documents.
- Family Court: If an exemption from the certificate of legal capacity is needed.
- Voivodeship Office (Department for Foreigners’ Affairs): For residence permits.
- Law firms specializing in family and immigration law: We offer comprehensive support at every stage – from assistance in court proceedings for exemption, preparing documents for the USC, to handling the spouse’s residence legalization process and helping prove the authenticity of the marriage.
Marriage to a foreigner is a beautiful experience but requires completing certain formalities. Careful preparation of documents and knowledge of procedures will allow you to avoid stress and focus on building a future together in Poland.
(Please remember that this article provides answers to frequently asked questions and is general in nature. Each situation is individual, and regulations may change. Always verify information with the relevant authorities or consult a lawyer.)
