Wedding with a foreigner according to Polish Law
More and more marriages in Poland are concluded with people of other nationalities (about 10,000 a year). This number will certainly grow – we travel more and more, go to scholarships, or simply decide to live in another country.
So what should you do to get married with a foreigner?
A foreigner needs the following documents to marry:
- valid passport
- a foreigner who has refugee status in Poland should present a Travel Document issued by the President of the Office for Repatriation and Aliens
- a foreigner who has the right to stay in Poland – a residence card
- a foreigner who does not have any citizenship (a stateless person) and who does not have a place of residence in Poland, should show a travel document or a passport issued by the authorities of the country of residence,
- a document confirming the possibility of entering into a marriage in accordance with the law of the country from which the foreigner comes (certiificate of inpediment). This document is issued by the counterpart of the civil registry office from the country of origin, and the embassy may also help in receiving it.
If the country of origin does not issue such applications, you should apply to the district court (the court will issue it at the request of the foreigner)
- shortened copy of the birth certificate original and sworn translation into Polish
- in the case of a widow and widower – a shortened copy of the death certificate of the spouse
– in the case of a divorced person – a shortened copy of a marriage certificate with an annotation of divorce or a final court judgment on divorce statement on the surname, what spouses will wear after marriage and their children (to be completed on the spot, in the Civil Registry Office)
And what are the Documents needed by a Pole to marry a foreigner:
Miss and Bachelor: ID card and shortened birth certificate
divorcee: ID card, , shortened copy of the marriage certificate, copy of the court’s verdict confirming the divorce
widowers: ID card, abridged birth certificates, copy of the spouse’s death certificate.
At least 31 days before the wedding, the fiancés should go to the Urzad Stanu Cywilnego with the above-mentioned documents. At the office a document is prepared certifying that there are no circumstances that would preclude the conclusion of a marriage. He stays in the USC if there is a ceremony there, or is issued for the needs of the concordat wedding. In the civil registry office, the presence of a sworn translator is required (unless the foreigner speaks Polish well).
For a church wedding in Poland, a foreigner will need:
- certificate from the registry office on the lack of circumstances that would preclude the conclusion of a marriage
- certificate of baptism and confirmation (ask the priest if he can be in Latin, no need to explain).
- document confirming the pre-marital training
It is also necessary to determine the language in which the wedding will be held, will a translator be needed (or maybe the priest knows the languages), what language will be the oath, etc.
If the fiancés are of a different religion, formalities such as those at an inter-faith wedding come to this.
In Polish law, a marriage with a Pole does not guarantee a foreigner’s right of residence or a work permit. For the residency you should apply to the provincial office.
At the beginning, the residence card is renewed every year, and the spouses can be called for interrogations that are intended to exclude the fictitiousness of the marriage.
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Art. 79. [Obligations of a foreigner intending to marry]
1. A foreigner intending to enter into marriage shall submit:
1) assurance;
2) a copy of the Birth Certificate, and if he was previously married – a copy of the marriage certificate with an annotation about HIS termination, annulment or declaration of HIS absence, or a copy of the marriage certificate with a document confirming HIS termination or annulment or a document confirming the declaration of non-existence of marriage, if on the basis of contain submitted documents which cannot be compiled from the details contained in the preparation of the marriage certificate;
3) a document stating that the thieves with copyright may marry, unless pursuant to the provisions of law of February 4, 2011 – Private international law (Journal of Laws of 2015, item 1792) his ability to marry is assessed as under Polish law.
2. You must receive the document referred to in para. 1 point 3, encounters obstacles that are difficult to overcome, a court in a non-proprietary case at the request of a foreigner may pass an exemption from this document. In the case about release of the foreigner from forwarding a court document based on fundamental rights, whether the person may enter into marriage.