Divorce with PoleMarriage with a foreignerOtherPermanent residenceTemporary residence

Divorce and temporary (permanent) residence of foreigner in Poland

A person who is a citizen of a country outside the European Union stays in Poland as a spouse of polish citizen almost 2 years on basis of temporary residence permit. At this moment foreigner has work contract for 1 year.&nbsp
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What will happen if the couple decides to divorce? Is the foreigner obliged to leave the country immediately? If the spouses do not take this decision now, and the marriage will continue for a few years, will the foreigner receive a permanent residence permit? Is it true that permanent residence permit is granted for 1 year for the 1st time, than for 2 years, than for indefinite period of time?
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According to Family and Guardianship Code marriage is concluded, when man and woman by themselves declare before the registrar statement that they get into marriage. If there is a long and complete breakdown of marriage between spouses, each of them can demand to get divorce through Court. Except divorce the reason for termination of marriage can be only decease of one of spouses.
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Sorry for theoretical lecture about concluding marriage and divorce, but it is very important in determining if foreigner will get permit for residence Governor&rsquos decisions in such cases are often wrong and are not grounded on Family and Guardianship Code and Law on Foreigners.
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According to Law on Foreigners, temporary residence permit is granted to family member of polish citizen if he is married to polish citizen or to underage child whose parent is married to polish citizen and has temporary residence permit for a family member of polish citizen.&nbsp
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Important fact is that foreigner who has temporary residence permit and is member of polish citizen&rsquos family can be granted next permit in case of divorce, if he is interested in it.&nbsp
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Meanwhile permanent residence permit is granted to foreigner for an indefinite period at his request, if he is married to polish citizenship for at least 3 years before the application for granting him permanent residence permit, and stay in Poland not less than 2 years on the basis of a temporary residence permit granted on the basis of marriage with polish citizenship, or granting refugee status, or supplementary protection or residence for humanitarian reasons.
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The fact of being spouses in process of divorce or living separately is not taken into account. If spouses didn&rsquot get married in order to bypass the law, the foreigner has the right to get permanent residence permit, which can be canceled in situations specified in the Act.&nbsp
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In Art.199 of Law on Foreigners exhaustively listed situations in which a temporary residence permits to a foreigner can be canceled. in particular a permanent residence permit can be canceled if:
  1. it is required for reasons of national defense or national security, or protection of public safety and order
  2. it is required for interests of the Polish Republic
  3. in proceeding case for granting permanent residence permit, when foreigner provided false personal data or information, or added documents with false data or information or he testified untruthfully, or concealed the truth or &nbspforged or remade document in order to use it as authentic, or used such document as authentic
  4. he was convicted in the Polish Republic for an offense to at least to 3 years imprisonment.
  5. he left the Polish Republic for a period exceeding six years.
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In general, there are no obstacles for divorced person to get residence permit on other grounds.&nbsp
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However, in this situation, it is reasonable to extend to the maximum divorce proceedings (and this can be done efficiently even for a few years) and lead to granting permanent residence permit, which can&rsquot be canceled because of divorce, if at least 2 years left since getting permanent residence permit.
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