In Poland, a Polish citizen can marry a foreigner in two specific locations. First, they can personally visit a civil registry office in Poland, submit the necessary documents, and schedule the wedding date. If the foreign partner cannot travel to Poland, the couple may marry in the foreigner's home country according to local laws. Marriages abroad are recognized by Polish law. A Polish citizen must register their foreign marriage in Poland's civil registry office, providing two certified copies of the marriage certificate translated into Polish, as these documents will not be returned.
How to process Marriage in Poland
In Poland, a Polish citizen can marry a foreigner in two specific locations. First, they can personally visit a civil registry office in Poland, submit the necessary documents, and schedule the wedding date. If the foreign partner cannot travel to Poland, the couple may marry in the foreigner's home country according to local laws. Marriages abroad are recognized by Polish law. A Polish citizen must register their foreign marriage in Poland's civil registry office, providing two certified copies of the marriage certificate translated into Polish, as these documents will not be returned.
To marry a foreigner in a Polish civil registry office, besides basic identity documents and a tax fee, you need:
The civil registry office may request additional documents depending on the foreign partner's nationality. For instance, an Iranian citizen marrying a Polish citizen might need a certificate of eligibility to marry, obtainable from the relevant authority in their home country or waived by a Polish court.
To marry a foreigner in a Polish civil registry office, besides basic identity documents and a tax fee, you need:
- The foreigner's birth certificate, translated into Polish by a consul or a sworn translator.
- A document confirming that the foreigner is legally eligible to marry under their national law.
- If the foreigner was previously married, a marriage certificate and a document proving its annulment or divorce, both translated into Polish.
The civil registry office may request additional documents depending on the foreign partner's nationality. For instance, an Iranian citizen marrying a Polish citizen might need a certificate of eligibility to marry, obtainable from the relevant authority in their home country or waived by a Polish court.
How to obtain a decision of Court?
To obtain a court decision in Poland that exempts a foreigner from the requirement to submit a document confirming their eligibility to marry, you should follow these steps:
Gather Necessary Documents:
Submitting the Application:
Court Proceedings:
This process is part of the legal procedure for foreigners who face difficulties in obtaining the required documents from their home countries. It's advisable to consult a legal professional for detailed guidance and to ensure all requirements are correctly met.
Gather Necessary Documents:
- The foreigner’s birth certificate translated into Polish by a consul or sworn translator.
- A copy of the passport’s first page.
- If previously married, the foreigner must provide a marriage certificate and a document proving its annulment or divorce, both translated into Polish.
- Proof of payment for the application fee (100 PLN).
Submitting the Application:
- Once all documents are gathered, the foreigner can submit the application in person at the court’s office or send it to the district court (family and minors department) appropriate to the foreigner’s place of residence in Poland.
- Only the foreigner has the legal standing to submit this application.
- The Polish citizen who the foreigner intends to marry is usually summoned by the court as a party to the proceedings.
Court Proceedings:
- The court will set a date to examine the merits of the application.
- The duration of the proceedings may vary depending on various factors.
- It may take several months from the submission of the application to the court's final decision.
This process is part of the legal procedure for foreigners who face difficulties in obtaining the required documents from their home countries. It's advisable to consult a legal professional for detailed guidance and to ensure all requirements are correctly met.
How to get Polish citizenship based on marriage with Polish national?
Gaining Polish citizenship through marriage with a foreign national is a common misconception. Marrying a Polish citizen does not automatically grant Polish citizenship to the foreign spouse, nor does it affect the Polish citizen's nationality. The Polish Citizenship Act clarifies that marriage to a non-Polish citizen does not change either spouse's citizenship status. Polish citizens can only lose their citizenship voluntarily.
For a foreign national married to a Polish citizen to acquire Polish citizenship, they must:
This means that while marriage to a Polish citizen does not automatically confer citizenship, it can facilitate and expedite the process. The marriage can simplify the administrative procedure for granting citizenship, but it does not equate to immediate citizenship recognition.
For a foreign national married to a Polish citizen to acquire Polish citizenship, they must:
- Have continuously resided in Poland for at least 2 years based on a settlement permit, long-term resident EC residence permit, or permanent residence right.
- Have been married to a Polish citizen for at least 3 years or be stateless.
This means that while marriage to a Polish citizen does not automatically confer citizenship, it can facilitate and expedite the process. The marriage can simplify the administrative procedure for granting citizenship, but it does not equate to immediate citizenship recognition.
Common Law and Concordal Law
In Polish and international law, there is a principle of freedom to marry. Polish laws specify the documents needed to enter into a civil marriage with a foreigner. Additionally, the possibility of a foreigner getting married is governed by the laws of their home country. In some cases, a court's approval may be required to marry a foreigner, especially when the foreigner's home country does not issue a certificate required in Poland or if there are significant difficulties in obtaining it. A Polish court can exempt a foreigner from the requirement to provide certain documents to the Civil Registry Office upon request.
A concordat marriage with a foreigner is a religious ceremony that also has civil law validity, meaning the marriage is recognized by both the Church and the Polish State. Before a concordat marriage can take place, specific documents must be submitted to the Civil Registry Office to obtain a certificate of eligibility for concordat marriage.
Documents typically required for planning a concordat marriage with a foreigner include:
These regulations ensure that the marriage is legally recognized and complies with both Polish and international standards.
A concordat marriage with a foreigner is a religious ceremony that also has civil law validity, meaning the marriage is recognized by both the Church and the Polish State. Before a concordat marriage can take place, specific documents must be submitted to the Civil Registry Office to obtain a certificate of eligibility for concordat marriage.
Documents typically required for planning a concordat marriage with a foreigner include:
- The foreigner's birth certificate with a sworn translation.
- A certificate of no impediment to marriage.
- A valid passport.
- Baptism and confirmation certificates (for a church wedding).
These regulations ensure that the marriage is legally recognized and complies with both Polish and international standards.
Common Law and Concordal Law
Marrying an illegal immigrant in Poland is a complex and controversial topic. Under Polish law, the ability to marry someone residing in the country without valid documents is often questioned. Like in civil or concordat marriages, a foreigner is required to present a document confirming their eligibility to marry according to the laws of their home country. If obtaining such a document is difficult, a court may exempt the foreigner from this requirement. Importantly, the court does not have the authority to check the legality of a foreigner's stay in Poland, meaning that even if the foreigner is in Poland illegally, a judge cannot refuse to consider a marriage application based on this fact. Similarly, a civil registry officer cannot refuse to perform the marriage due to the illegal stay of the individual.
Still foreigners who are in Common Law "Konkubinat" and stay in Poland illegally can be eligible for getting Temporary Residence Permit
Still foreigners who are in Common Law "Konkubinat" and stay in Poland illegally can be eligible for getting Temporary Residence Permit
Is same-sex marriage legal in Poland
Same-sex marriage is not legally recognized in Poland at this moment. The Polish Constitution defines marriage as a union between a man and a woman, which effectively prohibits legal marriage for same-sex couples. This stance is reflected in the societal and legal frameworks of the country. Despite growing public discussion and some shifts in social attitudes, there has been no change in the legal status of same-sex marriage in Poland. Consider the fact that for applying for TRC in Poland you can use another options like study, work or business.
