The following information was provided by an attorney with a civil and criminal law practice in Ruda Slaska, province of Slask, Poland in a 26 September 2003 interview.

The residence registration law in Poland applies equally to males and females, and remains the same regardless of the province, city, or village in which the person lives. Therefore, irrespective of the gender of the partner, registering a common-law partner with the residence registration authority depends on the willingness of the partner who owns or rents the residence. In other words, an agreement between the common-law partners is necessary, for registering the new residence of the partner who moves into his or her common-law spouse's apartment or house.

To register, the spouse already registered at the address must go to the local Department of Civil Matters and register his or her partner in the same manner an individual would register. (See POL41920.E of 9 October 2003 for details on the process).

Once a partner has moved in, the original renter/owner of the apartment or house retains an exclusive right to evict her (or his) partner without notice, and she/he does not have to find an alternative apartment for him/her. All the spouse has to do is ask her or his partner to leave, and "deregister" the partner from the residence at the Department of Civil Matters. The same procedure and fee applies to "de-registration" as to registration. The partner's permission or signature is not required for "de-registering," nor is the permission or the signature of the landlord required. This is because the tenancy agreement is only between the landlord and the original tenant, irrespective of whether one or more persons move in with him or her at a later date. Hence, there is no legal relationship between the landlord and any individuals who may subsequently move into an apartment with the original renter.

If a common-law partner who has been deregistered from the residence refuses to leave the residence, then the police should be contacted and they will assist in the filing of a court order to remove the partner.

Additional and corroborating information could not be obtained among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

Attorney-at-law, Ruda Slask, Poland. 26 September 2003. Interview.

Dialog

Embassy of Poland

Unsuccessful attempts to obtain information from a lawyer practicing in Krakow.