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

Regulations

The temporary residence permit due to other circumstances (for members of the families of migrant workers) has been regulated in the Regulations of Chapter 11. Section V. of the Act of 12 December 2013 on Foreigners (i.e., Journal of Laws of 2024, item 769).

The substantive requirements for its granting are laid down in Article 186(1)(1) of the Law on Foreigners, which refers directly to point 19 of Part I and Article 19 of Part II of the European Social Charter, done at Turin on 18 October 1961. (OJ 1999. item 67, of 2010 item 491 and of 2011 item 1007).

The Regulations concerning the granting of a temporary residence permit on the above-mentioned basis are applied in conjunction with the regulations on the granting of all types of temporary residence permits adopted and in Chapter 1 of Section V: General Part.

The Act also contains a reference to implementing acts regulating the relevant issues concerning the granting of this permit, in particular to:

• Regulation of the Minister of the Interior and Administration of April 17, 2019 on the application for granting a temporary residence permit to a foreigner (Journal of Laws of 2019, item 779);

• Regulation of the Council of Ministers of 11 July 2018 on the verified income criteria and amounts of cash benefits from social aid (Journal of Laws of 2018, item 1358);

• Regulation of the Minister of Internal Affairs of 26 July 2022 on fees collected in the Republic of Poland from foreigners for issuing and exchanging documents that may be issued to foreigners and the procedure for their payment (Journal of Laws of 2022, item 1583).