What is a stay for humanitarian reasons?

What will you read about?

• Residence permit on humanitarian grounds – who is eligible?
• Humanitarian residence card – how to apply?
• Humanitarian residence for foreigners – required documents
• Residence permit on humanitarian grounds – how to submit an application correctly
• Summary

A humanitarian residence permit in Poland may be issued to a foreign national in cases where issuing a return decision would violate fundamental human rights or the rights of the child. This applies to situations where return is possible only to a country in which:

• there would be a real threat to his life, liberty, or personal safety,
• he could be subjected to torture, inhuman or degrading treatment or punishment,
• he would be at risk of being forced to perform labor,
• he would be denied the right to a fair trial or punished without legal basis.

A humanitarian residence permit may also be issued if the obligation to leave Poland would result in a violation of the foreign national’s right to family or private life as defined by the European Convention on Human Rights. Additionally, this type of protection may be granted if expulsion would violate the child’s rights under the Convention on the Rights of the Child—to an extent that seriously jeopardizes the child’s proper physical and mental development.

To apply for humanitarian residence in Poland, you must:

1. Submit the application in person—this must be done no later than the last day of your legal stay in the Republic of Poland.
2. Provide fingerprints—this is mandatory for all applicants. For minors:

• • Children under 6 years of age do not need to be present when the application is submitted,
  • A child who is 6 years of age or older on the date the application is submitted must provide fingerprints.

If a foreign national’s application for humanitarian residence has been sent by mail, upon its delivery, the foreign national will receive a summons to appear in person (within at least 7 days of receiving the summons). Failure to appear will result in the application being dismissed without consideration. There is no fee for filing an application for humanitarian residence.

To meet the formal requirements and receive a stamp in their passport confirming the submission of a residence application, a foreign national must provide the following:

• A completed application for a temporary residence permit – all fields must be filled out in accordance with the instructions.
• Four recent biometric photographs—in color, 35 x 45 mm in size, taken within the last 6 months, against a plain light-colored background, and in sharp focus. The photos should show the face in a frontal view, without head coverings or dark-tinted glasses, with eyes open, a natural facial expression, and lips closed.
• A valid travel document (passport) – for inspection and as photocopies of all pages. In exceptional cases, if a passport is not available and cannot be obtained, it is acceptable to present another document confirming identity.

Failure to submit any of the above documents will result in a request to provide them within a period of no less than 7 days from the date of delivery of the request. Failure to comply with this requirement may result in the application being dismissed without consideration.

A residence permit on humanitarian grounds offers hope to many foreigners, but it requires submitting numerous documents and understanding the procedures. Fortunately, you don’t have to go through this alone—comprehensive services for foreigners are our specialty. We’ll advise you on whether you’re eligible for a humanitarian residence permit, help you draft the application, and provide support in the event of a denial. We also assist with matters such as:

• Polish citizenship for foreigners;
• legalization of residence and employment;
• work permits in Poland;
• temporary and permanent residence permits;
• power of attorney to represent a foreigner;
• ways to acquire Polish citizenship.

A residence permit on humanitarian grounds is a form of protection granted to foreign nationals who cannot safely return to their home country, and whose removal would violate fundamental human rights or the rights of the child. The application must be submitted in person, no later than on the last day of legal stay, along with the required documents—including a completed form, biometric photos, and a passport. The procedure is free of charge but requires compliance with specific deadlines and formal requirements.