Status of the victim in criminal proceedings against the entity entrusting the performance of work and enforcement of a court decision

Regulations

Due to other circumstances, a temporary residence permit is regulated in the Regulations of Chapter 11. Section V. of the Act of 12 December 2013 on Foreigners (i.e., Journal of Laws of 2021, item 2354, późn.zm).

The substantive requirements for granting this permit are set out in Article 187(4) - in the case of ongoing criminal proceedings in which the foreigner has the status of an aggrieved person by the employer, and in Article 187 point 5 of the said Act - in the case of stay after the end of such proceedings in order to enforce the Regulations of the judgment issued.

The Regulations concerning the granting of these permits shall apply in conjunction with the regulations for the granting of all types of temporary residence permits adopted in Chapter 1 of Chapter V: General Part.

The Act on granting these permits refers directly to the Act of 15 June 2012 on the effects of entrusting paid activity to foreigners staying on the territory of the Republic of Poland contrary to the regulations (Journal of Laws item 769 of the późn.zm), also contains a reference to implementing acts regulating the relevant issues concerning the granting of these permits, in particular to:

• Regulation of the Minister of Internal Affairs and Administration of 17 April 2019 on the application for granting a foreigner a temporary residence permit (Journal of Laws of 2019, item 779);

• Regulation of the Minister of Internal Affairs of 26 July 2022 on fees collected in the Republic of Poland from foreigners for issuing and exchanging documents that may be issued to foreigners and the procedure for their payment (Journal of Laws of 2022, item 1583).