Poland - Family & Partner - Permit for Tolerated Stay
⢠Their expulsion could take place only in the country in which their right to life, freedom and personal safety would be threatened, in which they could be subject of punishment, forced to work, deprived of the right to a fair trial, be punished without legal basis within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms as drawn up in Rome on 4 November 1950 â http://isap.sejm.gov.pl/DetailsServlet?id=WDU19930610284,
⢠Their expulsion would violate their right to family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms as drawn up in Rome on 4 November 1950 â http://isap.sejm.gov.pl/DetailsServlet?id=WDU19930610284, or would violate the right of a child within the meaning of the Convention on the Rights of a Child as adopted by the United Nations General Assembly on 20 November 1989 â Journal of Law of the Republic of Poland 1991 No 120, item 526 - http://isap.sejm.gov.pl/DetailsServlet?id=WDU19911200526 and J.L. 2000 No 2, item 11 â http://isap.sejm.gov.pl/DetailsServlet?id=WDU20000020011 to an extent that is a threat to their physical and mental development. This regulation is not used in a case when a continued stay of a foreigner on the territory of Poland is a threat to the state's security or public safety and order,
⢠their expulsion is undo-able for reasons not dependent on an organ that is executing the decision of expelling a foreigner.
Rights of person who were granted a permit for tolerated stay
Persons who were granted a permit for tolerated stay have the same rights as persons who were granted a residence permit for a fixed period. Such persons are given residence cards that are valid for a year. After that a foreigner is obliged to apply for a new one. A foreigner should return a card as soon as a final decision on: withdrawal of a permit for tolerated stay/granting a status of refugee/granting subsidiary protection/granting a permit to settle is issued or on the day of notifying the Head of the Office for Foreigners about renouncing one's right to use the permit.
A foreigner who has a permit for tolerated stay cannot be imposed a decision about an obligation to leave the territory of Poland or a decision to expel him/her.
A foreigner who was granted a permit due to a fact that his/her expulsion is undoable for reasons not dependent on an organ that is executing the decision nor on a foreigner is obliged to report regularly to an organ indicated in a decision and to notify this organ about each change of an address.
A permit for tolerated stay can be withdrawn. That happens in the following cases:
- a reason for which it was granted ceased to exist,
- a foreigner has voluntarily asked the authorities of his/her country of origin for protection,
- a foreigner left the territory of Poland definitely,
- continuing of realizing the permit might cause a serious threat for the state's defense capability or public safety and order,
- a foreigner is not fulfilling his/her obligation to report to an organ indicated in a decision or to notify this organ about each change of his/her address.
A decision to withdraw a permit includes a decision to expel a foreigner from the territory of Poland and defines a period â not longer than 14 days â for a foreigner to leave the country.
A permit for tolerated stay expires if:
- a foreigner is granted a status of refugee or subsidiary protection,
- a foreigner is granted the Polish citizenship,
- a foreigner notifies (in a written way) the Head of the Office for Foreigners about his/her decision to renounce his/her right to use the permit,
- a foreigner is granted a residence permit for a fixed period or a permit to settle.
A permit for tolerated stay can be issued by:
- a voivodship governor,
- the Head of the Office for Foreigners,
- the Council for Foreigners.
A residence card for a foreigner who is granted a permit is issued by the same organ that issued a decision. On behalf of the Council it is done by the Head of the Office for Foreigners.