Marriage with an illegal Immigrant in Poland: Procedures and Challenges

Marriage is a unique moment in life when two individuals declare their love and willingness to spend their lives together. However, what happens when one of the partners is an illegal immigrant residing in Poland?

One of the pressing questions, especially in the context of global migrations, is whether the status of an illegal immigrant poses an obstacle to entering into a marital relationship. The answer to this question is not straightforward and depends on several factors.

In Poland, civil marriage is regulated by the Family and Guardianship Code and related executive regulations. The process of entering into marriage focuses on registration at the civil registry office. There are certain basic conditions that must be met by both parties for the marriage to be valid:

  1. Age of Majority: Individuals wishing to marry must be at least 18 years old. Individuals between the ages of 16 and 18 may obtain court approval in exceptional cases.
  2. Absence of Legal Impediments: This means that there must not be any other valid marriage or legal impediments, such as consanguinity or affinity, between the prospective spouses.
  3. Capacity to Give Consent: Individuals participating in the ceremony must have the capacity to understand the significance of marriage and express informed consent.

The illegal status of an immigrant in Poland may pose a challenge to the marriage process, but it is not an absolute obstacle. Here's why:

  1. Scope of control: Civil registry offices in Poland are responsible for registering marriages, not for checking immigration status. Their main goal is to make sure that the basic conditions for marriage are met.
  2. Absence of legal impediments: Immigrant status is not a direct impediment in the absence of other valid marriages or legal impediments. This means that if both parties meet the other conditions, illegal immigrant status in itself does not invalidate the marriage.
  3. Immigration issues after marriage: Marrying a Polish citizen may affect the other person's immigration status. There are procedures and regulations that allow the legalization of a foreigner's stay due to the need to respect the right to family life in accordance with Art. 187 of the Act on Foreigners.

In summary, the status of an illegal immigrant is not a direct obstacle to entering into a marital relationship in Poland. The key is to meet the basic conditions of civil marriage, such as age of majority and absence of legal impediments. However, it is essential to consider immigration issues and actions that may be taken after marriage to legalize immigration status. For precise information and legal advice, it is always advisable to consult with an immigration attorney specialized in these matters.