Can a foreigner obtain residence permit in Poland based on the informal relationship?
Each year we can observe more and more migration in the society, which is often connected to building new relationships, not only friendly, but also romantic. I am sure no one has any doubts that a family member of a Polish citizen can apply for a temporary residence permit in Poland, but do people who are not family have the same possibility? Can a foreigner obtain a residence permit in Poland based on the informal relationship?
The answer is yes. During the procedure, a foreigner ought to demonstrate existence of a family life within the meaning of Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome November 4th 1950 with a citizen of Poland residing in Poland, with whom they live on this territory. Furthermore the person is required to have a health insurance and a source of stable and steady income.
The above-mentioned Convention does not say what leading a family life means. According to the doctrine, a family life may include relationships, for example between spouses , cohabitors, homosexual partners, provided that strong and real personal ties exist. It is assumed that when applying for a residence permit, the bond between partners in an informal relationship should be similar to that in a marriage.
Finally, I would like to mention that according to the Polish law, same-sex marriage is illegal, therefore homosexual people, who got married in a country where such relationships are allowed, their relationship is not considered family according to the Polish law. However, nothing stands in the way for a homosexual couple to use the procedure described above.
