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

Applying

The Act on Foreigners provides for the obligation for a foreigner to submit an application for a temporary residence permit in person – under pain of leaving the application unexamined. In the case of an unaccompanied minor, this obligation is carried out by their guardian.

The application completed in MOS, after printing and signing, is submitted by the curator together with attachments to the voivode competent for the place of stay of the unaccompanied minor after prior appointment of a visit to the department competent for foreigners in the voivodeship office or its delegation.

When submitting an application, the presence of a minor is required if they have reached the age of 6. Such a minor is also required to provide fingerprints.

During the visit to the office for submitting the application, the curator presents a valid travel document of the minor and attaches the necessary documents (more information in the tab: "Documents").

If the application was submitted during the legal stay and did not contain formal deficiencies or they were completed on time, the voivode shall include a stamp in the minor's travel document, which confirms the submission of the application. The residence of a minor shall be deemed to be legal from the date of submission of the application until the date on which the decision on granting a temporary residence permit becomes final.

Remember!

• Departments competent in matters of foreigners in voivodeship offices have adopted a system of electronic appointments to submit an application. Be sure to check the rules for booking a visit to a given office. The waiting time for an appointment may be extended, so do not take medication and book the visit well in advance.

• In a situation where it is not possible to make a visit during a legal stay in Poland (before the expiry date of your visa, permissible stay in visa-free regime or the validity date i.e., of your residence permit), you can send the application in paper form by post (the date of sending the parcel at the Poczta Polska S.A. outlet counts) or submit (in person or with the help of another person) at the office of the office. However, you will then be summoned to appear in person (together with a minor, if they are over 6 years of age) within the time limit set by the voivode. If you do not comply with the summons, the application will be left unexamined. Unless there are special circumstances of an urgent and exceptional nature (e.g., hospital stay) explaining the lack of appearance, its restoration will not be possible under Art. 58 of the Code of Civil Procedure.

Remember also!

• The stamp on the travel document does not entitle you to travel within the territory of other Schengen States. A minor may leave for their country of origin or permanent residence, but to return they must have an appropriate visa if you come from a visa-restricted country or fulfil the conditions for entry in visa-free regime.