I am a citizen of Poland, I would like to marry a citizen of Brazil. We live together with my fiancé in Warsaw for a year now, but have set a wedding date for future summer holidays. As the bride may be present in Poland only 90 days without a visa, I would like to obtain a temporary residence card for her. Is this possible?
Article 53a paragraph 1 point 4 of the Act of 13 June 2003 on foreigners provides the opportunity to apply for a temporary residence card on the basis of “other circumstances”. Our experience shows that such a circumstance is, among others, an intention of marrying a Polish citizen. The basis for obtaining a residence card is presenting a certificate from the Civil Registry Office on the scheduled date for the wedding. In the case of a female citizen of Brazil, it will also be necessary to obtain an exemption from the obligation of submitting a certificate of legal capacity be married from the Family Division of the District Court. Due to the long period of waiting for an appointment for a hearing at the District Court, in the case of Brazilian citizens applying for a residence card should be made well in advance.