Migration Helpline

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Question

• My husband, a Nigerian, came to Poland to study. He is currently undergoing training on a ship. He will not be in Poland 45 days before the expiry of his residence card. Will I be able to represent him? Unfortunately he did not leave me any authorisation to represent him, and in addition his registration has expired during his training.

Answer

“Only a person who has obtained a warrant authorising them to represent another person (‘pełnomocnictwo’ in Polish), can represent a foreigner in their affairs,” says Witold Klaus, a lawyer with the Association for Legal Intervention. “Without such a document, you cannot legally represent your husband.”

“According to the Aliens Act, the spouse of a Polish citizen can receive a temporary residence card even if he was previously in Poland illegally,” says an employee of the Department of Foreigners’ Affairs of the Mazovian Voivodship Office. “You don’t have to worry about missing the deadline for extending his stay. What is important is whether or not he will return to Poland in time, within the validity of his temporary residence card. If so, there’s no problem. If not, he has to apply for a Polish visa abroad in order to be able to enter Poland again.”

“It’s worth consulting with the Polish consulate in the place where your husband might be applying for a visa, and asking about the requirements or conditions for obtaining a visa,” adds Klaus. This gives you the chance to send the required documents directly to the consulate’s address.


Answer date:

2009-03-05 19:52:09

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Migration Helpline (Infolinia Migracyjna) is now run thanks to voluntary work of PFM staff. Before, it was maintained (2012-2014) thanks to co-financing of the project Information Center for Foreigners 2, run by PFM in partnership with the Association for Legal Intervention and the Mazovian Governor. It is co-financed by the European Fund for Integration of Third Country Nationals and by the state budget.

 

In the years 2009-2011 the project was run as part of Information Center for Foreigners run by the same partnership, also co-financed by the European Fund for Integration of Third Country Nationals and by the state budget.