Criteria and conditions


Country Report: Criteria and conditions Last updated: 13/06/24



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 his or her 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). A beneficiary can also apply for a residence permit for a family member, who already stayed in Poland without a permit when the beneficiary had applied for protection. In such a case they have to prove that family has already existed in the country of origin.

There is no waiting period for family reunification in Poland, nor is there a time limit. Both people that obtained refugee status or 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.[1]

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.[2] However, for 2022 the Office for Foreigners shared that 103 family members received a temporary stay in Poland.[3] Out of 155 persons who submitted application for family reunification, 41 were recognised as refugees and 62 were beneficiaries of subsidiary protection.

Family reunification of persons granted international protection was one of the seven main requests presented by SIP to the new government in December 2023.[4] The main challenges identified by this NGO 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).[5] 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] HFHR, Family Reunification of Foreigners in Poland, Law and Practice, June 2016, available at:, 19-20.

[2] 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.

[3] Information from the Office for Foreigners, 3 February 2023.

[4] SIP, 7 zmian, które należy wprowadzić w prawie migracyjnym – piszemy do nowego rządu, 21 December 2023, available at:

[5] HFHR, Family Reunification of Foreigners in Poland, Law and Practice, June 2016, available at:, 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