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Alternative title:

Legalization of a foreigner's stay in Poland on the basis of marriage to a Polish citizen in the context of sham marriages

Subject and Keywords:

migration   foreigner's stay in Poland   sham marriages


Tyt. zeszytu: Orient daleki i bliski = Orient far and near


Marriage and family life are legally protected in Poland, regardless of the country of origin of the spouse of a Polish citizen. Polish legal system also treats in a privileged manner foreigners who legalize their stay in Poland on the basis of marriage with a Polish citizen. For example, Polish law allows foreign spouses of Polish citizens to obtain a temporary residence permit relatively easily and quickly, compared to other categories of foreigners. Moreover, it allows to obtain a permanent residence permit with minimum requirements (e.g. there is no obligation to have neither employment nor a stable source of income, insurance, or language skills). It also treats foreign spouses of Polish citizens in a privileged manner as far as obtaining Polish citizenship is concerned. It might be also pointed out that a foreigner who is a spouse of a Polish citizen enjoys certain privileges in relation to other groups of foreigners, such as free access to the labor market or economic activity. Regulations mentioned above are justified by the good of the family, however the institution of marriage may also be potentially abused and serve only migration purposes. Among all basis for legalizing a foreigner's stay in Poland, marriage is the fastest, cheapest and most convenient form to achieve the migration goal. As a consequence sham marriage could be the most advantageous way for foreigner who wanted to derive benefits from the institution of marriage to legalize their stay in Poland.

Place of publishing:



Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

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Detailed Type:



doi:10.34616/139092   ISSN 2080-332X   ISBN 978-83-65158-18-5



Abstract Language :



Wrocławskie Studia Erazmiańskie. 2020, 14, s. 240-296

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Copyright by Pracownia Badań Praw Orientalnych, Katedra Doktryn Politycznych i Prawnych Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego & Authors

Autor opisu:

WR U/PAdal