The way a child's residence in Poland is regulated depends above all on who the parents are and on what basis they themselves reside in the country. A child whose at least one parent is a Polish citizen does not need any residence permit at all, as from birth they are Polish. In other cases, the choice between a temporary and a permanent residence permit depends on the document held by the mother or father.
Step one: check whether the child is a foreigner
Under Article 14 of the Act on Polish Citizenship a minor acquires Polish citizenship by birth if at least one of the parents is a Polish citizen. The place of birth is irrelevant here. Such a child does not file an application with the voivode for a residence card but receives Polish documents: a birth certificate, PESEL number and later a passport or ID card. If they were born abroad, the foreign birth certificate must be transferred into Polish civil registry books. The rules on acquisition and confirmation of citizenship are discussed in the article Polish citizenship — ways of acquisition.
The situation is different when the parent obtained Polish citizenship only after the birth of the child. Then the child may remain a foreigner but is entitled to a permanent residence permit as the child of a Polish citizen under their parental authority (Article 195(1)(2) of the Act on Foreigners).
Child born in Poland: the parent's document decides
When both parents are foreigners, after the birth has been registered at the civil registry office and a passport has been obtained from the consulate of the country of origin, an application for a residence permit for the child must be filed. The Act on Foreigners provides two main paths here.
| Parent's status | Permit for the child | Legal basis |
|---|---|---|
| Permanent residence or long-term EU resident status | Permanent residence | Article 195(1)(1)(a) |
| Temporary residence permit or national visa valid on the day of birth | Temporary residence | Article 160(2) |
| Polish citizen (when the child is not Polish) | Permanent residence | Article 195(1)(2) |
Parent with permanent residence
For a child born in Poland after the parent received permanent residence or long-term EU resident status, the Act provides facilitations. The voivode will not refuse to open proceedings on the ground that the child is formally staying in Poland illegally (Article 196(3)), and the application does not have to be filed before the end of legal stay (Article 202(5)). Still, it is worth doing so promptly, as without a residence card many matters are difficult to handle, including travel abroad.
Parent with temporary residence or a visa
If the child was born during the validity of the parent's temporary residence permit or national visa, they receive a temporary residence permit. The parent must, however, show that they have health insurance, stable and regular income sufficient to support the family and secure accommodation in Poland. These are the same requirements that apply in family reunification.
It is worth remembering the later change of status. When the parent obtains permanent residence, a child born earlier during their temporary residence can also apply for permanent residence (Article 195(1)(1)(b)).
A child who comes from abroad
If the child lives outside Poland and the parent works or runs a business in the country, the basis is usually a temporary residence permit for the purpose of family reunification (Article 159 of the Act on Foreigners). Family members include, among others, a minor child of the foreigner and their spouse, including adopted children, and a minor child dependent on the foreigner who holds parental authority over them.
Not every parent can bring a child under this route. They must live in Poland on the basis of permanent residence, long-term EU resident status, international protection, the EU Blue Card or for at least 2 years on the basis of successive temporary residence permits (the latest granted for a minimum of one year). Insurance, income and accommodation requirements also apply.
The procedure for family members staying abroad was rebuilt by the Act of 21 November 2025 amending the Act on Foreigners. Some of the new provisions come into force on a date set out in a separate announcement, so before filing the application you have to check which route is in force at that moment.
How to file the application on behalf of the child
- Identity documents. Polish birth certificate (for a birth in Poland) and the child's passport issued by the consulate of the country of origin.
- Application. On behalf of the minor it is filed by the parents or one of them. The application for permanent residence is prepared electronically in the Case Handling Module (MOS), and then an appointment at the voivodeship office follows.
- Child's presence. When filing the application for permanent residence, the child who has turned 6 must be present.
- Fee. The stamp duty for a permanent residence permit is PLN 640 and is paid in advance.
- Deadline. The application for temporary residence is filed no later than on the last day of the child's legal stay in Poland (Article 105(1)).
- Residence card. The card of a child under 13 is collected by the parent or another statutory representative; a child aged 6 or over must be present at collection.
Example: a child born in Kraków
Ms Priya, an Indian citizen, works in Kraków on the basis of a temporary residence permit. In March 2026 she gives birth to a son. After the birth certificate is drawn up and an Indian passport is obtained for the child, she files an application for a temporary residence permit for her son under Article 160(2), attaching the employment contract, insurance confirmation and lease agreement. When she later obtains permanent residence, she will be able to apply for permanent residence also for her son, because he was born during her temporary residence.
The most common mistakes of parents
- Delaying the application until a planned trip — then the lack of a residence document blocks travel.
- Choosing a temporary residence permit when the parent already has permanent residence and the child is entitled to an indefinite permit at once.
- Lack of income and accommodation evidence under the Article 160(2) route.
- Filing an application for a residence card for a child who is a Polish citizen and should receive Polish documents.
How Good Balance can help
We establish the correct legal basis for the child, assemble the documents and run the case before the voivode — also when the family lives with a Polish citizen. Details are available in the residence legalisation for family members of a Polish citizen service, and for an indefinite permit — in the permanent residence permit service. A wider context of relocation is described in the guide Moving to Poland.