Can a person who irregularly stays in the territory of the Republic of Poland apply for a residence permit?

Legal grounds to issue a permit

Legal grounds allowing not to apply a legal stay obligation

A temporary residence permit due to circumstances requiring a short term stay of a foreigner in the territory of the Republic of Poland may be granted to a foreigner who stays in that territory if:

1. he/she is obliged to appear in person before a Polish public authority jest, or
2. the foreigner’s presence in the territory of the Republic of Poland is justified by his/her exceptional personal situation, or
3. the foreigner’s presence in the territory of the Republic of Poland is justified by the interest of the Republic of Poland.

Article.181.sec.1

Article 184

A temporary residence permit due to other circumstances shall be granted to a foreigner if he/she is a minor child of a foreigner, born in the territory of the Republic of Poland and residing unattended in that territory

Article 186 sec.1 item 2

According to Article 191 sec. 1 item 1

A temporary residence permit due to other circumstances may be granted to a foreigner for the duration of the criminal proceedings against the entity entrusting the performance of work in which the foreigner is the aggrieved party:

1. as a result of a criminal offence consisting in entrusting the performance of work under conditions of extreme abuse referred to in Article 10 sec. 1 of the Act of 15 June 2012 on consequence of entrusting the performance of work to foreigners unlawfully residing in the territory of the Republic of Poland,
2. a minor foreigner not holding a valid document entitling him/her to stay in the territory of the Republic of Poland who has been entrusted the performance of work.

Article 187 sec 4 in connection with Article 7 sec. 2 item 2

A temporary residence permit due to other circumstances will be granted to a foreigner if he/she is entitled to work in the territory of the Republic of Poland on the principles laid down in Decision No. 1 /80 of the Association Council of 19 September 1980 on the development of the Association between the European Economic Community and Turkey, where the Council was established under the Agreement establishing and Association between the European Economic Community and Turkey, signed in Ankara on 12 September 1963 (EC OJ L 217 of 29.12.1964, p. 3685; EU OJ Polish Special Edition, Chapter 11, Volume 11 p. 1)

Article 186 sec. 1 item 5

A temporary residence permit due to other circumstances may be granted to a foreigner if his/her stay in the territory of the Republic of Poland arises from the need to respect the right to family life within the meaning of the Convention on the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November1950, and the foreigner stays in the territory of the Republic of Poland irregularly.

A temporary residence permit due to other circumstances may be granted to a foreigner if his/her departure from the territory of the Republic of Poland would violate the rights of the child, as defined in the Convention of the Rights of the Child, adopted by the United Nations General Assembly on 20 November 1989 r. (Journal of Laws, Dz. U., of 1991 r. No. 120, item 526, of 2000  No. 2, item 11 and of 2013 item 677), to the extent that could significantly adversely affect his/her mental and physical development, and the foreigner stays in the territory of the Republic of Poland irregularly.

A foreigner who has attained the age of majority during his/her stay in the territory of the Republic of Poland and has applied for a temporary residence permit due to other circumstances within 1 year from the date on which he/she attained the age of majority, may not be refused such a permit where it is justified by a particularly vital interest of the foreigner, and the refusal of such a permit is grounded solely on his/her irregular stay in the territory of the Republic of Poland.

A foreigner who is presumed to be a victim of human trafficking within the meaning of Article 115(22) of the Penal Code, will be provided with a certificate confirming the existence of such a presumption.

According to Article 178

A temporary residence permit for a family member of a citizen of the Republic of Poland will be granted to a foreigner if the foreigner is a minor child of a foreigner married to a citizen of the Republic of Poland under Polish law and holds a temporary residence permit for a family member of a national of the Republic of Poland. A foreigner may not be refused a temporary residence permit if the sole ground for refusal is an irregular stay of a minor child in the territory of the Republic of Poland.Article 158 sec. 1 item 2

According to Article 165 sec. 3

A temporary residence permit may be granted to a minor child of a foreigner who stays in the territory of the Republic of Poland on the basis of a national visa or a temporary residence permit, if such a child was born in the period of validity of such a national visa or a temporary residence permit, and the foreigner has:

• healthcare insurance;
• a source of steady and regular income;
• a secure place to live.

A foreigner may not be refused a temporary residence permit if the sole ground for refusal is an irregular stay of a minor child in the territory of the Republic of Poland.

Article 160 sec. 2

A permanent residence permit will be granted to a foreigner for an indefinite time, at his/her request, if the foreigner is a child of a foreigner who has been granted a permanent residence permit or a long term resident’s EU residence permit, of whom such a foreigner has parental custody, born after that foreigner has been granted a permanent residence permit or a long-term resident's EU residence permit.

A permanent residence permit will be granted to a foreigner for an indefinite time, at his/her request, if the foreigner is a child of a foreigner who has been granted a permanent residence permit or a long term resident’s EU residence permit, of whom such a foreigner has parental custody, born within the period of validity of the temporary residence permit granted to that foreigner