Temporary residence permit (a child born during the period of validity of a parent's visa or temporary residence permit)

Proceedings in the case

In the proceedings in the case, only a minor foreigner is a party, who is represented in the proceedings by a legal representative or guardian.

Their legal representative/guardian fills out the application in MOS, then prints it, signs it, and submits it in person along with the necessary documents. In these activities, they cannot be replaced by a delegate.

The authority competent to consider the application is the voivode competent for the place of stay of the minor foreigner in Poland – this voivode accepts the application from the parent/guardian of the child, initiates (or refuses to initiate) and conducts proceedings regarding the granting of a temporary residence permit. The body of a higher degree in relation to the voivode is the Head of the Office for Foreigners.

The administrative procedure for granting a temporary residence permit shall be initiated upon request expressed in the application.

The Voivode refuses to initiate proceedings if, on the day of submitting the application for this permit, at least one of the following circumstances listed in Article 99(1) of the Act on Foreigners occurs:

• the foreigner has an indefinite permit on the territory of the Republic of Poland (permanent residence permit),

• stays in Poland on the basis of a Schengen visa authorizing only to enter this territory, issued for the purpose referred to in art. 60 par. 1 point 23 of the Act on foreigners (i.e., arrival for humanitarian reasons, due to the interest of the state or international obligations),

• stays in Poland on the basis of a temporary residence permit, granted in the cases referred to in Art. 181 par. 1 of the Act on foreigners - which is a permit issued due to special circumstances requiring a short-term stay,

• is covered by forms of international protection on the territory of the Republic of Poland (refugee status, subsidiary protection, temporary protection) or national protection (asylum, tolerated stay permit, consent to stay for humanitarian reasons) or applies for international protection or asylum,

• is detained, placed in a guarded center or is subject to a preventive measure in the form of a ban on leaving the country,

• serves a sentence of imprisonment or temporarily arrested,

• stays on the territory of the Republic of Poland after they were obliged to return, and the period of voluntary departure specified in the decision obliging the foreigner to return has not yet expired, also in the case of extension of this period,

• is obliged to leave the territory of the Republic of Poland in the cases referred to in Art. 299 par. 6 of the Act on Foreigners (i.e., there is an obligation to leave the territory of the Republic of Poland related to the completion of the procedures listed in this provision)

• stays outside the Republic of Poland.

A refusal to initiate the proceedings takes the form of an order against which a complaint may be lodged.

The entire procedure for granting a temporary residence permit has been constructed by the legislator with the assumption that the parent/guardian will have to appear at the voivodeship office at most twice – for the first time when submitting the application, and then to receive a personalized residence permit after the permit has been granted. Any additional visits may result only from the course of a specific procedure, in particular to provide explanations (testimonies) regarding the essential circumstances of granting the permit.

A letter containing information about the proceedings, including its signature, the planned date of completion and the right to read the case file and supplement it, will be served during their visit to the office for submitting the application or sent as a result of submitting the application by post to the address of the parent /guardian indicated in the application. This letter may contain a request to supplement the formal deficiencies of the application and/ or a request to supplement the application with further, necessary documents.

During the proceedings, the administrative authority handling the case shall provide the party with the necessary instructions and guidance. Therefore, unless the parent/guardian of the child provides all the evidence necessary to grant them permission at the application stage, they will be requested by the authority in writing to provide it within the prescribed period, usually between 7 and 14 days. If, after reading, it turns out that the request is not understandable, they should ask the authority to clarify it. The summons will be delivered to the foreigner with a receipt by the postal operator at the address indicated by them or by ePUAP (or delivered to their representative, if established). Detailed rules for service are regulated by Chapter 8 of the Code of Civil Procedure – Service.

Remember!

• It is in the interest of the party to work closely with the authority on the application.

• When changing the delivery address, notify the authority of this fact.

• When going abroad, appoint a representative for service in Poland.

More information in: The most common mistakes.