Temporary residence permit due to other circumstances (for the purpose of staying with a migrant worker within the meaning of the European Social Charter)

Introduction

If a third-country national (i.e., a person who does not have the citizenship of one of the EU countries, Norway, Iceland, Liechtenstein, or Switzerland) intends to reside in Poland as a family member (i.e., a spouse or dependent child under 21 years of age) together with:

• a migrant worker or a foreigner conducting self-employed economic activity in Poland, to which the European Social Charter, drawn up in Turin on 18 October 1961, refers, and therefore a citizen of the State Party to this Charter settled in Poland and performing work in Poland or self-employed

- then they may apply for a temporary residence permit due to other circumstances (Article 186(1)(1) of the Act on Foreigners).

A temporary residence permit due to other circumstances is a type of temporary residence permit, i.e., a permit entitling to stay in Poland for a specified period.

In practice, m.in due to the catalogue of States party to the Charter, the application of this basis for legalisation of residence is extremely rare and limited only to the above-mentioned family members of citizens of North Macedonia, Turkey, and the United Kingdom (*not beneficiaries of the Withdrawal Agreement).

In order for the permit to be granted, a foreigner must meet additional requirements regarding health insurance and adequate income, and the intention to live with a parent / spouse must justify a stay longer than 3 months.

This permit is granted as an administrative decision by the voivode competent for the foreigner's place of stay, and in the case of appeal proceedings - by the Head of the Office for Foreigners, for the period necessary to achieve the purpose of stay - at least for a period of more than 3 months, but not longer than 3 years.

This permit is not automatically renewed - a foreigner interested in the continuation of stay in Poland before its expiry should apply for a temporary residence permit, e.g. another temporary residence on the same basis and work permit, or an indefinite permit (i.e. a permanent residence permit or an EU long-term resident permit), provided that they meet the requirements for granting it.