Temporary residence permit for victims of human traffiking

Introduction

A temporary residence permit for victims of human trafficking is a type of temporary residence permit, i.e., a permit entitling to stay in Poland temporarily for a specific purpose.

The granting of a temporary residence permit to victims of human trafficking is intended, on the one hand, to ensure appropriate conditions for the investigation of the offence of human trafficking, on the other hand, to enable the alleged victim to obtain the necessary assistance and support and to become independent, by ensuring the legality of their stay on the territory of the Republic of Poland and to enable them to work without the need for a work permit.

This permit is granted in the form of an administrative decision to third-country nationals (i.e., persons who do not have their nationality from EU countries, Norway, Iceland, Liechtenstein or Switzerland) and to stateless persons, regardless of their age or level of education, who have a valid certificate confirming the presumption of being a victim of human trafficking, issued by the Prosecutor. In connection with ongoing proceedings in the case of the crime of human trafficking.

This permission will be granted to you as long as you have severed contacts with persons suspected of having committed the crime of human trafficking and are cooperating with the Prosecutor in the matter of punishing these persons. When applying for this permit, you do not have to demonstrate, as with most temporary residence permits, that you have health insurance or means of subsistence.

This permit is granted 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 a minimum period of 6 months, but not longer than for a period of 3 years.

This permit is not automatically renewed – a foreigner interested in continuing their stay in Poland before its expiry should apply for a temporary residence permit, e.g., another temporary residence permit for victims of human trafficking, or an indefinite permit (i.e., a permanent residence permit or a long-term EU resident permit), if it meets the requirements necessary to grant it.

Remark!

• According to Polish criminal law, human trafficking is the recruitment, transport, delivery, transfer, storage, or reception of a person using:

1) violence or unlawful threat,

2) abduction,

3) deception,

4) misleading or exploiting an error or inability to properly comprehend the action undertaken,

5) abuse of the relationship of dependence, the use of a critical situation or a state of helplessness,

6) granting or accepting a financial or personal benefit or its promise to a person caring for or supervising another person

- for its use, even with its consent, in particular in prostitution, pornography or other forms of sexual exploitation, in forced labour or services, in begging, in slavery or other forms of exploitation degrading human dignity or for the purpose of obtaining cells, tissues or organs contrary to the law. Where such conduct involves a minor, it shall be human trafficking even if the methods or means listed in points 1 to 6 have not been used.

If you are a victim of human trafficking, please contact us for help:

• to the nearest police station, by calling the emergency number 112 or by e-mail to: handelludzmibsk@policja.gov.pl

• by calling the helpline: + 48 22 628 01 20, + 48 22 628 99 99 or to the emergency number: + 48 605 687 750.

Take advantage of these paths as well if you witness the crime of human trafficking. For more information, please visit: https://handelludzmi.eu/