In a landmark decision issued on 20 March and made public yesterday, 24 March 2026, Poland’s Supreme Administrative Court (Najwyższy Sąd Administracyjny, NSA) ruled that local civil-registry offices must transcribe marriage certificates of same-sex couples who wed legally in another EU member state. The judgment came in the case *Cupriak-Trojan & Trojan v. Mazovian Voivode* and directly applies the November 2025 European Court of Justice precedent that obliges all member states to recognise such unions for free-movement purposes. Until now, Polish registrars routinely refused to enter foreign same-sex marriages into the national register, which in turn blocked non-EU spouses from obtaining the residence permits that heterosexual spouses receive automatically. The NSA found that this practice violates EU freedom-of-movement rules and Article 21 of the Treaty on the Functioning of the European Union. The Court ordered the Mazovian registry to record the certificate and urged lower authorities to follow suit in similar cases. For employers this represents a dramatic compliance shift. HR teams handling inbound assignments can now support same-sex spouses with the same family-reunification track used for opposite-sex partners, reducing processing times by several months and eliminating the need for discretionary humanitarian permits. Immigration advisers expect a surge of applications from multinational staff newly eligible for residency cards.
![Polish top court orders civil registries to recognise same-sex EU marriages, opening path to residency rights]()
For organizations that prefer professional assistance, VisaHQ offers a streamlined online service for Polish visas and residence matters. Through its portal (https://www.visahq.com/poland/), applicants can check up-to-date requirements, order apostilles, and book courier submissions—support that will prove especially valuable as same-sex couples navigate the revised transcription and family-reunification steps.
The ruling does **not** automatically legalise same-sex marriage inside Poland; domestic law and the constitution still define marriage as a union of a man and a woman. However, the Ministry of Justice acknowledged that implementing regulations will have to be amended, and the human-rights commissioner has cautioned that some local offices may resist until formal guidance is issued. Companies should therefore prepare extra documentation—such as apostilled marriage certificates and sworn translations—to minimise the risk of ad-hoc refusals during the transitional phase. Practically, mobile employees already married abroad should initiate the transcription step before applying for residence permits. Those planning future moves may consider marrying in another EU country before relocation to take advantage of the clarified pathway. Mobility managers are advised to brief relocating staff on the potential need for in-person registry visits and to monitor forthcoming instructions from the Ministry of the Interior.
For organizations that prefer professional assistance, VisaHQ offers a streamlined online service for Polish visas and residence matters. Through its portal (https://www.visahq.com/poland/), applicants can check up-to-date requirements, order apostilles, and book courier submissions—support that will prove especially valuable as same-sex couples navigate the revised transcription and family-reunification steps.
The ruling does **not** automatically legalise same-sex marriage inside Poland; domestic law and the constitution still define marriage as a union of a man and a woman. However, the Ministry of Justice acknowledged that implementing regulations will have to be amended, and the human-rights commissioner has cautioned that some local offices may resist until formal guidance is issued. Companies should therefore prepare extra documentation—such as apostilled marriage certificates and sworn translations—to minimise the risk of ad-hoc refusals during the transitional phase. Practically, mobile employees already married abroad should initiate the transcription step before applying for residence permits. Those planning future moves may consider marrying in another EU country before relocation to take advantage of the clarified pathway. Mobility managers are advised to brief relocating staff on the potential need for in-person registry visits and to monitor forthcoming instructions from the Ministry of the Interior.
