Temporary residence permit due to other circumstances (for holders of national humanitarian visas issued by Polish authorities)

Select an issue of interest or find out the full information regarding the permit

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Information is available in the Belarusian language version

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Introduction

Citizens of the Republic of Belarus who stay in Poland on the basis of national visas issued for humanitarian reasons, due to the interest of the state or due to international obligations (the so-called humanitarian visas, with the indication “D 21” on the visa sticker) may extend their legal stay in Poland with a temporary residence permit due to other circumstances referred to in Article 186(1)(9) of the Act on Foreigners. It is a temporary residence permit dedicated to their situation.

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A temporary residence permit is an entitlement granted to third-country nationals (i.e. foreigners who do not have citizenship of the EU, Norway, Iceland, Liechtenstein or Norway and their family members who join them or reside with them in Poland) for temporary (up to 3 years) residence in Poland.

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This authorisation shall be granted on application submitted on a form under a simplified procedure. It is sufficient to demonstrate an intention to stay in Poland exceeding 3 months and to meet the formal requirements.

As part of the administrative procedure for this permit, the foreigner does not have to prove, among others, that he or she has means of subsistence, health insurance or an assured place of residence, and therefore that he or she fulfils the conditions on which the granting of a residence permit is normally conditional. The granting of this permit is free of stamp duty and allows the fulfilment of a purpose of residence not specified by law.

This permit is granted in the form of an administrative decision by the Voivode, competent for the foreigner's place of residence, and in the case of appeal proceedings – by the Head of the Office for Foreigners, once, for a period of 3 years.

This permit cannot be granted to a foreigner again – which does not imply the lac of possibility of further legalisation of stay in Poland. In order to be able to continue a legal stay in Poland before its expiry, it is necessary to apply for another type of temporary residence permit (e.g. a temporary residence and work permit, to study) or a permit of unlimited duration (i.e. a permanent residence permit or a residence permit for a long-term EU resident)

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Remember!

  • The possibility of a simplified legalisation of stay is one of the manifestations of Poland’s special support for the Belarusian citizens, which have been experiencing repressions in their home country since August 2020.

  • The temporary residence permit described in this article is granted to third-country nationals with the nationality of the state specified in the implementing legislation. As the relevant regulation currently only mentions nationals of the Republic of Belarus as having the right to apply for this permit, for the sake of simplicity it has been indicated that this permit is dedicated to them. Please note that the catalogue of nationalities of humanitarian visa holders eligible to apply for this permit may be subject to change.

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