Belarusian woman received a rare temporary residence permit in Poland. Her relationship was checked even in the Żabka store

Received a residence card, but the employer did not register her with ZUS

Two women — citizens of Belarus and Russia, who have been living together in Poland for many years — approached Inna Dembitskaya. The Russian woman had the status of a long-term EU resident, and the Belarusian woman had a temporary residence permit for work.

The Belarusian woman received her first permit to stay thanks to an employer she knew through acquaintances. A contract of mandate (umowa zlecenie) was concluded with him, and the woman genuinely expected to work for the company.

However, about six months after receiving her residence card, she was hospitalized and later received a bill for treatment. It was then revealed that the employer had not registered her with social insurance (ZUS) and, in fact, had not properly formalized her employment relationship at all.

According to Inna, such situations occur during the so-called "turnkey" processing of residence cards. Intermediaries promise to find grounds for legalization even if the foreigner has no job. For this, documents are drawn up from an employer who allegedly intends to hire the person after obtaining the permit. But in reality, employment may never happen.

A new basis for legalization became necessary. In the new job the woman found, she did not have enough working hours, so there were doubts about another temporary residence permit on this basis. After studying the case, Inna suggested applying for a temporary residence permit based on a de facto partnership – cohabitation (concubinage).

Which law allows obtaining a temporary residence permit based on cohabitation (concubinage)?

Article 187, paragraph 8 of the Law on Foreigners provides for the possibility of issuing a temporary residence permit in the presence of stable de facto relationships with a person legally residing in the country.

— Same-sex couples can also apply for a permit on this basis. But a single statement that people are in a relationship is not enough. It is necessary to prove that the relationship genuinely exists and is stable in nature, — Inna explains.

For about two weeks, the women decided whether to describe the nature of their relationship in the documents. They were concerned about how the grounds for their stay would be formulated in the Voivode's decision.

According to Inna, in similar cases, she submits a written explanation with a request not to indicate in the decision the name and surname of the person with whom the applicant is in a relationship.

— In my practice, this is not the only case of cohabitation (concubinage) for a same-sex couple. And not once has the Voivode ignored the request not to write the partner's name and surname in the decision, as usually happens in reunification decisions, — says the specialist.

As a result, the women agreed to submit the application.

What documents confirmed the relationship?

To prove that the relationship was real and stable, the women submitted a housing lease agreement (umowa najmu) in which both were listed, as well as about 10–15 joint photographs.

According to Inna, preference was given not to selfies, but to photos with friends and relatives, taken at different times. They better showed that the women had long been a part of each other's lives.

In addition, a written statement of joint household management (oświadczenie o wspólnym gospodarstwie domowym) and documents regarding the incomes of both women were submitted to the Urząd (local government), along with a written commitment from the Russian citizen to cover the living and maintenance expenses of the Belarusian woman if she became unemployed.

The relationship was checked even with neighbors and Żabka store sellers

As Inna explains, when considering such applications, it may be checked whether people actually live together and run a joint household. For this purpose, the state body may send inquiries to the police and the Border Guard.

In this case, according to the specialist, representatives of the services spoke with the women's neighbors and even visited the nearby Żabka store. They asked the sellers whether the women came for groceries together or separately. It turned out that both were regular customers of the store, and the staff confirmed that they saw them regularly.

Another method of verification can be an interview, during which partners are questioned about their life together, sometimes separately. However, in this case, the women were not called for an interview.

According to Inna, no additional difficulties arose during the case review due to the couple being same-sex.

The decision was received in approximately six months

The case was reviewed in Warsaw in 2024. Approximately six months passed from the submission of the application to the positive decision. The Belarusian woman received a temporary residence permit for two years.

In August 2026, according to preliminary calculations, she could qualify for the status of a long-term EU resident, but for this, she needs to confirm knowledge of the Polish language at a level no lower than B1.

Therefore, the women plan to reapply for a temporary stay based on a de facto relationship.

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