Temporary residence permit due to other circumstances (residence of a minor child od a foreigner, born in Poland and staying unaccompanied)

Introduction

The Act on Foreigners provides for the possibility of regulating the residence situation of a minor child of a third-country national (i.e., a foreigner who does not have the citizenship of an EU Member State, Norway, Liechtenstein, Iceland or Switzerland) or a stateless person who remains on the territory of the Republic of Poland unaccompanied by adults responsible for them in accordance with the law in force in the Republic of Poland.

This possibility concerns the granting of a foreign national minor one of the types of temporary residence permit due to other circumstances. It may be granted only to children born on the territory of Poland.

This permit is a type of temporary residence permit, i.e., a permit entitling to stay on the territory of the Republic of Poland for a certain period.

It is granted in the form of an administrative decision by the voivode, competent for the place of residence of the unaccompanied minor, and in the case of appeal proceedings – by the Head of the Office for Foreigners, at the request of a curator appointed by the court. The permit is granted for a minimum period of 3 months, but not longer than for 3 years.

The permit does not renew automatically - unless the situation of the minor foreigner changes during the period of validity of the permit, it is necessary to apply for another permit for the same purpose.

The permit shall be granted irrespective of the finding of an illegal stay of a minor on the territory of the Republic of Poland.

The granting of a permit does not require proving, as in the case of most temporary residence permits, that the foreigner to whom the permit relates has health insurance or means of subsistence.