The need to respect the right to family life – in the absence of a residence title

Regulations

Temporary residence permit 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 legal requirements for its granting are set out in Article 187(6) of the Act on Foreigners, which refers directly to the Convention for the Protection of Human Rights and Fundamental Freedoms, done in Rome on 4 November 1950 (Journal of Laws of 1993, No. 61, item 284, późn.zm).

The Regulations concerning the granting of a temporary residence permit on the above-mentioned basis are applied in conjunction with the regulations on the granting of all types of temporary residence permits adopted in Chapter 1 of Section V: General Part.

The Act also contains a reference to implementing acts regulating the relevant issues concerning the granting of this permit, 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).