A victim of human trafficking

This information does not constitute source of law. Authors were duly diligent to make this information consistent with applicable legal regulations. It is good to remember that it concerns typical and frequent cases and may not fully refer to different matters. The number and the type of documents which may be necessary for administrative bodies throughout the procedure may vary depending on the specific case. In the case of any doubts contact competent authority for examination the individual case and become familiar with legal regulations on their own.

A temporary stay permit – a victim of human trafficking

Legal basis – the Act of 12 December 2013 on Foreigners – Article 176 of the Act – along with executive acts

To whom and for how long may be granted

A foreigner, being a victim of human trafficking, if they meet the following conditions together:

  1. stays on the territory of the Republic of Poland;
  2. Initiated cooperation with the authority competent to conduct proceedings in the case of human trafficking, and in the case of a minor foreigner – received aggrieved party status in this proceedings;
  3. Broke off contacts with persons suspected of committing a crime of human trafficking.

Temporary residence permits shall be granted if circumstances which are the basis to apply for this permit justify the residence on the territory of the Republic of Poland for a longer period than 3 months.

A temporary stay permit is granted for a period of at least 6 months, maximum for a period of 3 years.

Note: A foreigner towards whom there is a presumption that they are a victim of human trafficking defined by Article 115 § 22 of the Polish Penal Code, is given a certificate confirming the existence of such presumption. In the period of certificate validity, the stay of a foreigner on the territory of Poland is deemed legal. The certificate is issued to a foreigner by the authority competent for the proceedings regarding a crime of human trafficking. The certificate is valid for the period of 3 months from the date of its issuing, and in the case of a minor foreigner – for the period of 4 months from the date of its issuing.

Where and when submit the application

The foreigner makes the application personally, no later than on the last day of the lawful residence on the territory of the Republic of Poland to the voivode competent with regard to the foreigner’s place of residence.

During making the application the foreigner is under obligation to give his/her fingerprints.

In the case of the foreigner who is a minor, application for temporary residence permit is made by parents or appointed court guardians or one of parents or one of the appointed court guardians.

During making the application for temporary residence permit in the case of the foreigner who is a minor, and is under the age of 6, his/her presence is not required.

Fees related to residence permit:

Stamp duty PLN 0.

Fee for residence card PLN 50.

A minor foreigner who, by the date of submitting an application for a temporary residence permit, is under the age of 16, is entitled to a discount in the fee for issuing a residence card in the amount of PLN 25.

Necessary documents:

  1. Completed form of the application for temporary residence permit, in accordance with information;
  2. 4 up-to-date photographs;
  3. Photocopy of a valid travel document (original available for inspection), in particularly justified case if the foreigner does not have a valid travel document and it is not possible to obtain such document, may present another document which confirms his/her identity.

Note: Lack of any of the aforementioned documents will result in margin call within 7 days from its delivery, under pain of leaving the application without examination.

Standard documents necessary for examination of the application:

Note: Documents listed below attached to the application may reduce the quantity of official correspondence and shorten the time which is necessary to handle the case.

  1. Documents showing the fact that the foreigner is a victim of human trafficking;
  2. Documents proving starting cooperation with an authority competent for conducting the proceedings in the case concerning a crime of trafficking in human beings.
  3. In the case of a minor foreigner documents confirming that he/she has been granted aggrieved party status in proceedings in the case of human trafficking.

Note: In the case of explanations or particularization of evidences during the administrative proceedings the foreigner may be called to deliver other documents or to submit testimonies which confirm circumstances referred to in the application.

Time to handle the case

The residence permit decision takes place no earlier than after 1 month prior to initiation of the procedure.

The document issued after granting this permit

The foreigner who obtains temporary residence permit on the territory of Poland will be issued with the residence card. This document is issued ex officio by the voivode who granted the residence permit.

Residence card in the period of its validity confirms the foreigner’s identity during his/her residence on the territory of the Republic of Poland and entitles him/her, along with the travel document, to multiple crossing of the border without the need to obtain the visa.

This document should be collected personally. In the case when the residence card was issued to the foreigner aged less than 13 this card is issued to his/her statutory representative or guardian.

Entitlement to work

The foreigner who gets temporary residence permit, has an obligation to notify the voivode who granted this residence permit within 15 working days, on cessation of the reason for granting this permit. Failure to fulfil this obligation may result in refusal to grant another temporary residence permit, if the application for another temporary residence permit was made before the end of the year from the end of the validity period of the previous permit.

Obligation to leave Poland after refusal or withdrawal of the permit

The foreigner is obliged to leave the territory of the Republic of Poland within 30 days from the day when the decision on refusal to grant the temporary residence permit or the decision to withdraw the permit became final and in the case the decision was issued by a superior body, from the day when the final decision was delivered to the foreigner, unless he/she is authorized to reside on the territory of Poland on a different basis.