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Permanent residence — recognised victim of human trafficking

PolandHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

Official link

What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

A permanent residence permit (a right of indefinite, permanent stay in Poland), regulated by Chapter 1, Section VI of the Act of 12 December 2013 on Foreigners and granted indefinitely. In this category it is for a victim of human trafficking within the meaning of Art. 115 § 22 of the Criminal Code who resided in Poland for at least 1 year on a temporary residence permit for victims of human trafficking, cooperated with law enforcement in the criminal proceedings, and has a well-founded fear of returning to the country of origin.

See recorded sources

Which population, circumstances or geographic group does the mechanism cover?

A victim of human trafficking within the meaning of Art. 115 § 22 of the Criminal Code who resided in Poland for at least 1 year immediately before applying on a temporary residence permit for victims of human trafficking, cooperated with law enforcement in criminal proceedings concerning an offence under art. 189a § 1 of the Penal Code, and has a well-founded fear of returning to the country of origin.

See recorded sources
  • https://www.mos.cudzoziemcy.gov.pl/en/categories-information/possibilities-legalization/non-eu-continued-stay/permanent-residence-permit/
    ⇒ is a victim of human trafficking within the meaning of Art. 115 § 22 of the Criminal Code and cumulatively meets three further conditions: has resided in the territory of the Republic of Poland immediately before submitting the application for a permanent residence permit for a period of no less than 1 year on the basis of a temporary residence permit for victims of human trafficking, cooperated with law enforcement authorities in criminal proceedings concerning an offence referred to in art. 189a § 1 of the Penal Code and has well-founded fear of returning to the country of origin.

Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

The application is sent electronically via MOS with the necessary annexes and stamp duty, followed by an appointment at the provincial office to present a valid travel document, give fingerprints and a signature specimen; it cannot be submitted from abroad and must be filed while in Poland.

See recorded sources

What happens after the request: registration, family handling, major support and rights where officially stated?

The applicant presents documents proving cooperation with law enforcement and a well-founded fear of return, and a copy of the decision granting the temporary residence permit for trafficking victims. The application is decided within 6 months; the permit gives a 10-year residence card, full labour-market access and the right to family reunification. The official source does not state support services for trafficking victims.

See recorded sources
Limits of the record
  • Support services for trafficking victims are not stated on the page.

Which competent authority, UN body or official assistance channel should the person use?

The competent authority is the voivode with jurisdiction over the foreigner's place of residence; the Head of the Office for Foreigners is the appeals authority (2nd instance).

See recorded sources
Limits of the record
  • No UN body, victim-support channel or fraud warning is stated on the page.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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