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

Documents

a. Documents required at the application stage

A foreigner applying for a temporary residence permit due to other circumstances (Article 186(1)(1) of the Act on Foreigners) submits to the voivode competent for their place of residence:

• completed, in accordance with the instruction, application form for a temporary residence permit - under pain of leaving the application unprocessed. Rules for completing the application are presented in the following stage: “Completing the application”. This section also contains the application itself to be filled in in MOS and downloaded.

• 4 up-to-date photographs that clearly show the foreigner's face, without a hat and obscuring lenses, meeting the detailed criteria defined by law - under pain of not processing the application.

• a photocopy of a valid travel document (at the same time presents the person accepting the application with its original for inspection - under pain of leaving the application unprocessed).

In a particularly justified case, if a foreigner does not have a valid travel document and they are not possible to obtain it, they may present another document confirming their identity in a way that does not raise any doubts. At the same time, they should document the objective inability to obtain a travel document and the efforts made to obtain it.

• Proof of payment of stamp duty. Go to the "Stamp duty” step for more information.

b. Other documents

At the stage of submitting the application, it is also desirable to present the documents necessary to confirm the data contained in the application and the circumstances justifying the application for a temporary residence permit.

Such evidence is not subject to the consequence of leaving the application unprocessed and may be supplemented in the course of the proceedings. However, it should be remembered that attaching full documentation already at the stage of submitting the application is in accordance with the interest of the party. It organizes and simplifies the procedure, because already at the initial stage, the authority can make correct determinations with regard to the foreigner's situation, which undoubtedly speeds up the process of processing the application and reduces the risks associated with the need for supplementing documentation by a foreigner in the further course of the procedure for granting a temporary residence permit.

The evidence to be presented in the proceedings includes:

• documents confirming the status of a family member (copy of the birth certificate or marriage certificate)

• copy of ID card or passport of a migrant/self-employed employee with whom the born member intends to live in Poland and a document confirming that they are settled in Poland (copy of the decision on granting a permanent residence permit or a long-term EU resident permit)

• document confirming health insurance

• documents confirming the possession of a source of stable and regular income sufficient to cover the costs of maintaining oneself and dependent family members (for a single person – in the amount higher than PLN 776 net per month, for a person in the family – in the amount higher than PLN 600 net per month).

Remember!

• the documents should be attached in the original or in a copy certified to be a true copy of the original by a notary public or the party's attorney who is an attorney-at-law or legal advisor; certification of the compliance of the copy with the original may also be made by an authorized employee of the voivodeship office in the administration office, upon presentation of the original document;

• documents drawn up in a foreign language must be presented together with a sworn translation into Polish; the register of sworn translators is kept by the Ministry of Justice and is available HERE.

• closely related documents should be presented jointly (e.g., a sublease agreement with a lease agreement) and be valid on the date the permit is issued.