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Office for Foreigners

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New temporary residence permit for Belarusians holding humanitarian visas

07.07.2022

As of 9 July this year, an easier procedure for obtaining a temporary residence permit for Belarusian citizens residing in Poland on the basis of so-called humanitarian visas will come into force. The possibility of a simplified legalisation of stay is another manifestation of Poland's special support for the Belarusian citizens, who have been experiencing repression in their country since August 2020.

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On 9 July 2022, a new regulation* will enter into force which will allow Belarusian citizens to apply for a new type of the temporary residence permit**. It is dedicated to persons who stay on the territory of Poland based on national visas issued for the purpose of arrival for humanitarian reasons, for reasons of state interest or due to international obligations (with the indication 'D 21' on the visa sticker)***.

This will also apply in cases where the period of stay and validity of the national visa has been extended due to the continuation of an epidemic emergency, and previously an epidemic state****, and the Belarusian citizen continues to stay in Poland based on the humanitarian visa thus extended.

In addition, the new pathway for legalisation of stay for Belarusian citizens brings the following benefits:

  • entitlement will be granted once for a period of 3 years
  • granting of the entitlement will be free of stamp duty
  • a fee***** will not be charged for issuing a residence card to a person who has obtained such the entitlement
  • the holder of such the fixed-period residence entitlement will be exempted from the requirement to hold a work permit ******
  • from 1 January 2023, the holder of such the fixed-period residence entitlement will be able to apply for a Polish travel document for a foreigner.

The temporary residence permit is granted by the voivode competent for the place of residence of the Belarusian citizen. In voivodship offices such cases are handled by the departments for citizenship and foreigners' affairs, and in the case of the Mazovian (Mazowieckie), Little Poland (Malopolskie) and Greater Poland (Wielkopolskie) Voivodship Offices - by the departments for foreigners' affairs. An application for the temporary residence permit shall be submitted together with a personal appearance in the voivodship office. Information about the organisation of work of the voivodeship offices and their reception of applications can be obtained directly from these institutions.

* Ordinance of the Minister of the Interior and Administration of 14 June 2022 on the nationalities which entitle foreigners to apply for a fixed-period residence entitlement referred to in Article 186(1)(9) of the Act of 12 December 2013 on foreigners (Journal of Laws, item 1335).

** The fixed-period residence entitlement granted under Article 186(1)(9) of the Act of 12 December 2013 on foreigners, which was added by the Act of 8 April 2022 amending the Act on Assistance to Citizens of Ukraine in Connection with the Armed Conflict on the Territory of Ukraine and Certain Other Acts (Journal of Laws, item 830).

*** Obligation referred to in Article 60(1)(23) of the Act of 12 December 2013 on foreigners (Journal of Laws of 2021, item 2354, as amended).

**** Under Article 15zd(1) of the Act of 2 March 2020 on special solutions related to preventing, counteracting, and combating COVID-19, other infectious diseases and emergencies caused by them (Journal of Laws of 2021, item 2095, as amended).

***** Constituting income of the State budget, referred to in Article 335 of Act on Foreigners.

****** Under Article 87(2)(1) of the Act of 20 April 2004 on promotion of employment and on labour market institutions (Journal of Laws of 2022, item 690, as amended).

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