Criteria and conditions

Poland

Country Report: Criteria and conditions Last updated: 30/07/26

Author

Independent

The procedure of family reunification is governed by Article 159 of the Law on Foreigners. Family members who are eligible to reunite with the beneficiary are:

  • spouse (marriage has to be recognised under the Polish law, but does not have to be concluded before the beneficiary’s entry to Poland);
  • minor child (biological or adopted) of the family member dependent on them and under their parental authority
  • minor child (biological or adopted) of the beneficiary and their spouse dependent on them and under their parental authority, who were minors on the date of the application for a temporary residence permit for the purpose of family reunification.

In the case of a minor beneficiary of international protection, family members who can reunite with them are not only parents but also grandparents or other responsible adults under Polish law (e.g. legal guardians).

In the case of children of beneficiaries of international protection, minors shall be understood as persons who were minors on the date on which the beneficiary submitted an application for international protection, provided that the application for a temporary residence permit for the purpose of family reunification was submitted within 3 months from the date on which refugee status or subsidiary protectin was granted. In other cases, minors shall be understood as persons who were minors on the date of submitting the application for a temporary residence permit for the purpose of family reunification.[1]

 As of 1 June 2025, a ‘family member of a beneficiary’ can also include:

  • the parent of the beneficiary, if the beneficiary, on the date of submitting the application for a temporary residence permit for the purpose of family reunification for that parent, was an unaccompanied minor residing in the territory of Poland;
  • the brother or sister of the beneficiary, if due to a serious illness they are completely and permanently dependent on the assistance of their parents, provided that those parents are family members of the beneficiary as described above, and have been granted temporary residence permits for the purpose of family reunification.[2]

Both people that obtained refugee status and subsidiary protection are eligible for a simplified family reunification procedure, but it still remains a complicated and expensive procedure. If they submit a relevant application to the relevant Voivode within 6 months from the date of obtaining protection within the territory of Poland, they are not obliged to comply with the conditions of having health insurance, a stable source of income or accommodation in Poland. It must, nonetheless, be remembered that when the residence permit is granted, the beneficiary’s family residing outside Poland is obliged to obtain a visa from a Polish consulate. The requirements under which a visa is obtained, in turn, include having adequate financial means and health insurance.[3]

There are no differences between refugees and beneficiaries of subsidiary protection as to the family reunification conditions. The beneficiary is not required to know Polish, is not subject to DNA tests, but has to present original documents certifying the family ties, translated into Polish by a sworn translator.

Data on family reunification of beneficiaries of international protection are generally not disaggregated by the authorities.[4] However, for 2025 the Office for Foreigners shared that 2,472 beneficiaries applied for family reunification and 233 permits were issued for family members.[5]

Family reunification of persons granted international protection was one of the seven main requests presented by SIP to the government in December 2023.[6] The main challenges identified by this NGO (and still valid as of 2024) are:

  • conditions of health insurance, stable income and place of residence applicable towards BIPs after 6 months deadline;
  • narrow definition of family member. In the view of the authors persons that should be included are: partners without formal marriage (partners staying in religious marriage or civil partners), parents of BIPs and their adult children.

The obstacle observed in previous years related to the fact that the procedure was lengthy, complicated and costly (submitting and translating official documents, journey to Poland, to Polish consulate, paying several visits to the consulate, getting a visa).[7] The CJEU judgement from 9 March 2023 in the case C-1/23 PPU Afrin is not expected to have significant impact on the family reunification procedure in Poland, because the application for family reunification is submitted by BIP in the territory of Poland, not by their family members staying outside.

 

 

 

[1] Article 159(3a) and (3b) Law on Foreigners.

[2] Article 159 (5) Law on Foreigners.

[3] HFHR, Family Reunification of Foreigners in Poland, Law and Practice, June 2016, available here, 19-20.

[4] A. Kulesa, ‘Łączenie rodzin’ in A. Górska, M. Koss-Goryszewska, J. Kucharczyk (eds), W stronę krajowego machanizmu ewaluacji integracji: Diagnoza sytuacji beneficjentów ochrony międzynarodowej w Polsce (Instutut Spraw Publicznych 2019), 9.

[5] Information from the Office for Foreigners, 10 April 2026.

[6] SIP, 7 zmian, które należy wprowadzić w prawie migracyjnym – piszemy do nowego rządu, 21 December 2023, available here.

[7] HFHR, Family Reunification of Foreigners in Poland, Law and Practice, June 2016, available here, 21.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation