Immigration department

Temporary stay under other circumstances

Chapter 11 of the Foreigners Act is devoted to the matter of applying for the temporary stay permits under other circumstances. This, however, does not imply that the catalogue of the premises for applying for such permit is open-ended. These premises have been enumerated.

Firstly, such permit is granted to a foreigner who, as a family member, intends to live in the territory of the Republic of Poland together with a migrant worker. As far as point 19, part 1 and article 19, part 2 of the European Social Charter are concerned, migrant workers are citizens of EU Member States. Moreover, article 186 of the Foreigners Act also applies to individuals who are family members of individuals who run a sole proprietorship.
Secondly, this article also applies to minors born in the territory of the Republic of Poland to a foreigner. Such circumstance can be evoked for the purpose of applying for a temporary stay permit solely by a foreign minor residing in the territory of Poland unaccompanied.

Another category stipulated in chapter 11 of the Foreigners Act encompasses the individuals who have been granted EC long-term residence permits by another EU Member State and who intend to perform work or conduct business activity in the territory of the Republic of Poland under the legal provisions binding in this field. Alternatively, it also applies to those who intend to embark on or continue higher education studies or vocational courses.

Temporary stay permit under other circumstances is also granted to family members of foreigners who have been granted an EC long-term residence permit by another EU Member State and with whom the applicant stayed in the territory of another EU Member State and accompanies them or wishes to reunite with.

The last basis enumerated in article 186 of the Foreigners Act concerns those individuals who have been granted permission to perform work in the territory of Poland in line with the provisions stipulated in Decision 1/80 of September 19 1980, of the Council of Association between EEC and the Turkish Republic. This decision regulates the rights of the Turkish workers and their family members with regard to their access to labor markets of EU Member States.

Apart from examining the prerequisites for submitting the applications in question, CGO law firm prepares and submits them. Additionally, we represent the applicant in all stages of the administrative proceedings and assist in gathering the necessary documentation.