Residence permit for humanitarian reasons and consent for tolerated stay

A foreigner who, for an important reason, cannot be obliged to return to the country of origin, may obtain a residence permit in Poland for humanitarian reasons or a permit for tolerated stay.

 

RESIDENCE PERMIT FOR HUMANITARIAN REASONS

The permit to stay for humanitarian reasons is granted by the commanding officer of the Border Guard unit or the commanding officer of the Border Guard post (because of the proceedings on obliging the foreigner to return).

A residence permit for humanitarian reasons may be obtained by a foreigner if obliging them to return:

1. can only be made to a country where, within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on November 4, 1950:

- their right to life, liberty and personal security would be threatened, or

- they could be subjected to torture or inhuman or degrading treatment or punishment, or

- they might be forced to work or

- they could be deprived of the right to a fair trial or punished without a legal basis or

 

2. would violate their right to family or private life, within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on November 4, 1950, or

3. Would violate the rights of a child, as defined in the Convention on the Rights of the Child, adopted by the United Nations General Assembly on November 20, 1989, to a degree that significantly threatens its psychophysical development.

Note! Such consent will not be granted if there are serious grounds for believing that:

1. The foreigner has committed a crime against peace, a war crime or a crime against humanity as defined in international law or
2. The foreigner is guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Art. 1 and 2 of the United Nations Charter or

3. The foreigner has committed a crime on the territory of the Republic of Poland or has committed an act outside this territory which is a crime under Polish law or

4. The foreigner is a threat to the defence or security of the state or the protection of public safety and order or

5) The foreigner incited or otherwise participated in the commission of the crimes or acts referred to in points 1-3.

Note! The consent granted may be withdrawn.  The residence permit granted for a foreigner for humanitarian reasons is withdrawn, if:

1. The circumstances for which consent was granted have ceased to exist or have changed in such a way that consent is no longer required, or

2. Circumstances justifying the refusal to grant consent arose after it was granted or

3. It will come to light that the foreigner has concealed information or documents or has provided false information or documents essential for granting consent or

4. The foreigner has permanently left the territory of the Republic of Poland or

5. The foreigner has returned to their country of origin.

 

CONSENT FOR TOLERATED STAY

The tolerated stay permit is granted by the commanding officer of the Border Guard unit or the commanding officer of the Border Guard post (because of the proceedings on obliging the foreigner to return).

A tolerated stay permit may be obtained by a foreigner if obliging them to return:

1) can only be made to a country where, within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on November 4, 1950:

a) their right to life, liberty and personal security would be threatened, or

b) they could be subjected to torture or inhuman or degrading treatment or punishment, or

c) they might be forced to work or

d) they could be deprived of the right to a fair trial or punished without a legal basis

- if there are circumstances for refusing to grant a residence permit for humanitarian reasons,

2) is impossible for reasons beyond the control of the authority competent to enforce the decision obliging the foreigner to return and of the foreigner, or

3) may only take place to a country to which return is not allowed under a court decision or due to the decision of the Minister of Justice on the refusal to oblige the foreigner to return.

Note! In the decision granting a tolerated stay permit to a foreigner, a specific obligation of the foreigner to report to the commanding officer of the Border Guard unit or the commanding officer of the Border Guard post indicated in the decision or competent for the place of the foreigner's current place of residence is specified in the decision. The foreigner will also have to inform the Border Guard about any change of their place of residence. 

Note! The permit for tolerated for s foreigner stay may be withdrawn in the event that:

1. The reason for granting consent has ceased to exist or

2. The foreigner has left Poland or

3. The foreigner's further stay may pose a threat to the state's defence or security or the protection of public safety and order (if the consent was granted in connection with the circumstances indicated in points 2 and 3)

4. The foreigner evades the obligations imposed on them, specified in the decision granting them the tolerated stay permit (if the consent was granted due to the circumstances indicated in points 2 and 3).