Temporary residence permit due to other circumstances (purposes of stay other than those indicated in the MOS)

Introduction

In cases other than those described in the sections:

• Temporary residence permit

• Temporary residence permit – special circumstances of stay

• Mobility (– as far as long-term mobility is concerned),

- i.e., other than those listed in Article 187(1-7), Chapters 2-10 and Article 186(1) of the Act on Foreigners, justifying the stay of third-country nationals (i.e., persons who do not have citizenship of one of the EU countries, Norway, Iceland, Liechtenstein or Switzerland) and stateless persons on the territory of the Republic of Poland for a period longer than 3 months, they may apply for a temporary residence permit due to other circumstances.

This permit is provided for in Article 187(8) of the Act on Foreigners and allows you to obtain a permit in a justified situation that is not provided for and listed in the Regulations 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 temporarily for a specific purpose, which may be granted if the foreigner proves that they meet the requirements related to having health insurance, adequate income, and a guaranteed place of residence in Poland.

It is divided in the form of an administrative decision by the voivode, competent for the place of stay of the foreigner, and in the case of appeal proceedings – by the Head of the Office for Foreigners, for the period necessary to achieve the indicated purpose, not shorter than 3 months and not longer than 3 years.

This permit is not automatically renewed – a foreigner interested in continuing their stay in Poland before its expiry should apply for a temporary residence permit, e.g., another temporary residence permits due to other circumstances, or an indefinite permit (permanent residence permit or long-term EU resident permit), if it meets the requirements necessary to grant it.

Remember!

The temporary residence permit referred to in Article 187(8) of the Act on Foreigners may be granted to a minor, a completely incapacitated person, and an unaccompanied minor (in the case of an unaccompanied minor born in Poland, the procedure of Article 186(1)(2) of the Act on Foreigners is competent). The application for a minor is completed, signed, and submitted together with the necessary attachments in person by the parent(s) or the guardian(s) appointed by the court. These activities are performed by a guardian appointed by the court – in the case of a completely incapacitated person and by a guardian – in the case of an unaccompanied minor. The presence of a minor when submitting the application is obligatory – if they are at least 6 years of age.