Homepage Residence in Poland (regulations applicable after 01.05.2014) Residence permit due to humanitarian reasons and consent for tolerated stay

Residence permit due to humanitarian reasons and consent for tolerated stayPrint

Foreigners who may not be obliged to return to their country of origin for important reasons may be granted consent to stay in Poland due to humanitarian reasons or consent for tolerated stay.

A foreigner may be granted residence permit due to humanitarian reasons and consent for tolerated stay if obliging them to return:

  1. can only be effected with regard to a country where:
    a). the foreigner's right to life, freedom and personal security would be threatened, or
    b). the foreigner may be subjected to torture or inhuman or humiliating treatment or punishment, or
    c). the foreigner might be forced to work, or
    d). the foreigner might be deprived of the right to fair court proceedings or be punished without legal grounds,
    Additionally, a residence permit due to humanitarian reasons is granted if obliging the foreigner to return:
  2. would violate their right to family or private life; or
  3. would violate the rights of a child. 

Additionally, consent for tolerated stay is granted if obliging the foreigner to return:

  1. is impossible due to reasons beyond the control of Polish institutions responsible for the enforcement of the decision obliging the foreigner to return and of the foreigner himself; or
  2. if the foreigner may return only to a country to which it is impermissible to return them pursuant to a court decision or due to a judgment of the Minister of Justice refusing to return the foreigner.

The decision granting the foreigner consent for tolerated stay specifies the foreigner's obligation to report on specified dates to the chief of the division of the Border Guard Service or to the chief of the post of the Border Guard Service specified in the decision or competent for the foreigner's current place of residence. The foreigner will also be obliged to notify the Border Guard Service of any changes in their place of residence.

Withdrawal of residence permit due to humanitarian reasons

A residence permit due to humanitarian reasons may be withdrawn or cancelled in the following cases:

  1. discontinuation of the circumstances constituting grounds for granting the residence permit due to humanitarian reasons; or
  2. the circumstances constituting grounds for refusal to grant such permit arise after the permit has been granted; or
  3. the foreigner concealed information or documents or presented false information or documents that were essential for granting the permit; or
  4. the foreigner has left Poland permanently; or
  5. the foreigner has returned to his country of origin.

Withdrawal of consent for tolerated stay

Consent for tolerated stay may be withdrawn or cancelled in the following cases:

  1. discontinuation of the grounds for consent; or
  2. if the foreigner has left Poland; or
  3. further stay of the foreigner may constitute a threat to state security or defence or to the protection of public safety and order; or
  4. the foreigner evades the duties imposed on them and specified in the decision granting consent for tolerated stay.
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