Polish residence permit after divorce becomes a very important questions to our clients. It is due to the fact that the number of both international marriages and divorces has been increasing for last few years. Our clients are interested in their legal status in Poland and the status of their Polish residence permit after divorce.
According to the Act on Aliens of 12. December 2013 (Journal of Laws of 2013. Pos. 1650), a temporary residence for a family member of a Polish citizen granted to a foreigner if he/she remains in recognizable by Polish law marriage with a Polish citizen. While a permanent residence permit is granted to a foreigner for an indefinite period, at his/her request, if he/she remains in recognizable by Polish law marriage with a Polish citizen for at least three years before the date on which he/she applied for a permanent residence permit, and has been continuously residing in Poland for a period of not less than 2 years immediately before submitting the application.
According to that provision it does not matter whether there is pending divorce proceedings or spouses remain in actual separation.
As long as the parties have not entered into marriage in order to circumvent the law the permanent resident is valid and may be withdrawn only in cases specified in the Act.
Obtaining divorce before the expiry of the above mentioned three years deprives the foreigners of the right to apply for a residence permit (of course on the basis of this criterion). In case a foreigner fulfills another prerequisite to receiving the permanent residence he/she may request to stay based on different basis. However it has to be underscored that such permission may be withdrawn. It may happen when a foreigner get divorced within two years from the date on which he/she was granted his/her permanent residence permit.
Practice shows that for foreign customers it is very important to receive Polish residence permit. Many of them decide to extend divorce procedure in order to not to lose the right to apply for Polish residence permit after divorce.
Often, the situation forces our clients to get fast divorce and does not allow to wait for the passage of the required deadline. In such situation, the only way is to achieving Polish residence permit after divorce is due to work or business conducted in Poland or to continue studies for clients who can meet certain criteria.