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

Proceedings in the case

In the procedure for granting a temporary residence permit due to other circumstances (for an unaccompanied minor), only an unaccompanied minor on whose behalf the guardian acts are a party. It is they who fills out the application in MOS, then prints it, signs it, and submits it in person along with the necessary attachments and documents. In these activities, the curator may not be replaced by a proxy.

The authority competent to consider the application is the voivode competent for the place of stay of the minor – this voivode accepts the application from the curator, initiates (or refuses to initiate) and conducts proceedings regarding the granting of a temporary residence permit to the minor. The body of a higher degree in relation to the voivode is the Head of the Office for Foreigners.

The administrative procedure for granting a temporary residence permit shall be initiated upon request expressed in the application.

Apart from the case of failure to submit fingerprints (if the minor is over 6 years of age), the voivode refuses to initiate proceedings if, on the day of submitting the application for this permit, at least one of the following circumstances listed in Article 99(1) of the Act on Foreigners occurs:

• the foreigner has an indefinite permit on the territory of the Republic of Poland (permanent residence permit / long-term EU resident's residence permit),

• stays in Poland on the basis of a Schengen visa authorizing only to enter this territory issued for the purpose referred to in Article 60(1)(23) of the Act on Foreigners (i.e., arrival for humanitarian reasons, due to the interest of the state or international obligations),

• resides in Poland on the basis of a temporary residence permit granted in the cases referred to in Article 181(1) of the Act on Foreigners – which is a permit issued due to special circumstances requiring a short-term stay,

• is covered on the territory of the Republic of Poland by forms of international protection (refugee status, subsidiary protection, temporary protection) or national protection (asylum, consent to tolerated stay, consent to stay for humanitarian reasons) or applies for international protection or asylum,

• is detained, placed in a guarded centre or in custody for foreigners or is the object of a preventive measure in the form of a ban on leaving the country,

• is serving a custodial sentence or is in pre-trial detention,

• stays on the territory of the Republic of Poland after entering the territory of the Republic of Poland after getting a return decision, and the period of voluntary return specified in return decision for the foreigner has not yet expired, also in the event of extension of this period,

• is obliged to leave the territory of the Republic of Poland in the cases referred to in Article 299(6) of the Act on Foreigners,

• stays outside the territory of the Republic of Poland.

Refusal to initiate proceedings takes the form of a decision against which the appeal is lodged.

The entire procedure for granting a temporary residence permit has been constructed by the legislator with the assumption that the curator (together with a minor foreigner, if they are over 6 years of age) will have to appear at the voivodeship office only twice – for the first time when submitting the application, and then to receive a personalized residence permit already after a permit has been granted. Any additional visits may result only from the course of a specific procedure.

A letter containing information about the proceedings, including its signature, the planned date of completion and the right to read the case file and supplement it, will be delivered to the foreigner during their visit to the office for submitting the application or sent as a result of this visit by post to the address of the foreigner indicated in the application. This letter may contain a request to supplement the formal deficiencies of the application and/ or a request to supplement the application with further, necessary documents.

In the course of the proceedings, the administrative authority handling the case shall provide the party with the necessary instructions and guidance. Therefore, unless the guardian provides all the evidence necessary to grant the minor permission at the application stage, they will be requested by the authority in writing to provide it within the prescribed period, usually between 7 and 14 days. If, after reading, it turns out that the summons is not understandable, the curator should ask the authority to clarify it. The summons will be delivered to the foreigner with a receipt by the postal operator at the address indicated by them or by ePUAP (or delivered to their representative, if established). Detailed rules for service are regulated by Chapter 8 of the Code of Civil Procedure – Service. More information about deliveries can be found in section: Administrative procedures.

Remember!

• It is in the interest of the party to cooperate closely with the authority on the application.

• When changing the address for service, notify the authority of this fact.

• When going abroad, appoint a representative for service in the country.

More information in the tab: Most common mistakes.