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

Requirements

In order for a foreigner to be able to obtain a temporary residence permit referred to in Article 187(6) of the Act on Foreigners, it is necessary for them to meet the following requirements in a cumulative manner:

• They are persons entitled to apply for a temporary residence permit – they are therefore third-country nationals or stateless persons and are staying illegally on the territory of Poland at the time of the application,

• their stay in Poland for a period of at least 3 months is necessary – the departure 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 20 November 1989 (Journal of Laws of 1991. item 526, of 2000 item 11 and of 2013 item 677), to the extent that it significantly threatens its psychophysical development,

• completes the formal requirements related to the permit, including: submit the application in person, on the form, together with the necessary attachments, as well as present a valid travel document (or in justified cases, if the foreigner does not have a travel document and it is not possible to obtain it – another document confirming their identity), give fingerprints (except when it is not physically possible to take fingerprints) and pay stamp duty.