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

Temporary residence permits due to other circumstances (referred to in Article 187(4) and (5) of the Act on Foreigners)

Requirements

In order for a foreigner to be able to obtain a temporary residence permit due to other circumstances in the circumstances referred to in Article 187(4) or (5) 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 this permit – they are therefore a third-country national or stateless person, and at the time of the application they are staying in the territory of Poland (excluding stay, among others. on the basis of indefinite permits);

  • if they apply for a temporary residence permit pursuant to Article 187 point 4 of the aforementioned Act – they are staying in Poland illegally and has the status of an aggrieved party in criminal proceedings (as explained in the "Introduction" stage);

    if they apply for a temporary residence permit pursuant to Article 187 point 5 of the Act –

resides in Poland on the basis of a temporary residence permit due to other circumstances granted pursuant to Article 187(4), the criminal proceedings have ended with a conviction and intends to continue their stay in Poland until they receive overdue remuneration from the entity entrusting paid activity or the entity referred to in Article 6 or Article 7 Act of 15 June 2012 on the effects of entrusting paid activity to foreigners staying contrary to the regulations on the territory of the Republic of Poland

has health insurance within the meaning of the Act of 27 August 2004 on health care services financed from public funds or confirmation of coverage by the insurer of the costs of treatment on the territory of the Republic of Poland

has a guaranteed place of residence in Poland

has a guaranteed subsistence in Poland

  • 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.

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