The need to protect the rights of the child – in the absence of a residence title

Introduction

A third-country national (i.e., a person who does not have the citizenship of one of the EU countries, Norway, Iceland, Liechtenstein, or Switzerland) or a stateless person who is staying in Poland illegally may obtain the right to continue legal residence in Poland.

This right is granted in the form of a temporary residence permit due to other circumstances in the event that their departure from the territory of the Republic of Poland would violate the rights of the child, as defined in the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations on November 20, 1989. to a degree that significantly threatens their psychophysical development. This permit may be granted both among others parent or guardian of the child (whose departure would lead to forced separation from the child) and the child themself (who would be torn out of the environment in which they were brought up), but only in a case that would justify the need for the foreigner to stay in Poland for a minimum of 3 months.

This permit is a special type of temporary residence permit granted in exceptional situations, hence a foreigner does not have to demonstrate that they meet additional requirements, e.g., related to having adequate income, to obtain it.

This permit is granted in the form of an administrative decision by the voivode, competent for the place of residence of the foreigner, and in the case of appeal proceedings – by the Head of the Office for Foreigners, for the period necessary to achieve the purpose of stay – for a minimum period of more than 3 months, but not longer than for a period of 3 years.

A foreigner staying in Poland on the basis of this permit cannot apply for it again. If they are interested in continuing their stay in Poland, before its expiry, they should apply for a temporary residence permit for another purpose, e.g., work, or an indefinite permit (i.e., a permanent residence permit or a long-term EU resident permit).

Remember!

• Any case in which the best interests of the child are examined are subject to a particularly thorough assessment. It is possible to appoint experts in the case to examine whether the possible departure of the child or separation from the parent/guardian/siblings may endanger the psychophysical development of the child to a significant extent.