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

Requirements

In order for a foreigner to be able to obtain a temporary residence permit due to other circumstances, in accordance with Article 186(1)(1) of the Act on Foreigners, it is necessary for the foreigners to meet the following requirements in a cumulative manner:

• they are a person entitled to apply for a temporary residence permit – they are therefore third-country nationals and, at the time of the application, are legally residing on the territory of the Republic of Poland on the basis of a short-term residence permit (excluding stay withm.in for humanitarian purposes);

• is a family member (spouse or child under 21 years of age and dependent) of a migrant worker or a self-employed person in Poland, referred to in the European Social Charter of 1961, i.e., having the citizenship of one of the countries parties to the Charter, staying in Poland on the basis of an indefinite permit (permanent residence permit, long-term EU resident's residence permit);

• both the declared and the actual purpose of their stay in Poland is the intention to live with the above-mentioned family member;

• this circumstance is the basis for applying for a temporary residence permit, and at the same time must justify their stay on the territory of the Republic of Poland for a period longer than 3 months;

• has health insurance within the meaning of the Act of 27 August 2004 on health care services financed from public funds or confirmation of coverage by the insurer of the costs of treatment on the territory of the Republic of Poland;

• has a source of stable and regular (i.e., relatively stable and continuity) income sufficient to cover the cost of subsistence for themself and their dependent family members. The amount of income must be higher than PLN 776 per month if the foreigner manages independently and does not have dependents or exceed PLN 600 per month for each family member;

• completes the formal requirements related to the permit, including: submits the application in person, on the form, together with the necessary attachments, and also presents a valid travel document (or in justified cases, if the foreigner does not have a travel document and it is not possible to obtain it – another document confirming their identity), give fingerprints (except when it is not physically possible to take fingerprints; this obligation does not apply to a minor under 6 years of age) and pay stamp duty.