Temporary residence permit for a victim of human trafficking

The purpose of granting a temporary residence permit to victims of human trafficking is, on the one hand, to ensure the conditions necessary for the effective prosecution of human trafficking offenses and, on the other hand, to enable the victim to obtain the assistance and support they need.

Granting such a permit ensures legal, temporary residence in Poland and allows the victim to take up employment without the need to obtain an additional work permit.

The substantive legal requirements for granting such a permit are set forth in Article 176 of the aforementioned Act.

third-country nationals and stateless persons who hold a valid certificate confirming the presumption of being a victim of human trafficking, issued in proceedings concerning a human trafficking offense. This permit may be granted if you have severed ties with persons suspected of committing the crime of human trafficking and are cooperating with the Police and the Prosecutor’s Office in the prosecution of those persons.

The basis for his or her residency may arise from a certificate issued by a prosecutor on the presumption of being a victim of trafficking in human beings or from his or her residence title (excluding residence on the basis of, inter alia, permits of unlimited duration or a temporary residence permit due to circumstances requiring a short stay). Illegal residence does not constitute grounds for refusal of a permit.

The foreigner is a third-country national or stateless person and is residing in Poland at the time of applying for the permit.

the provincial governor competent for the foreigner’s place of residence; The Head of the Office for Foreigners (as the appellate authority, second instance)

submitted through MOS an application for a permit in electronic form in the manner specified in the provisions together with the necessary annexes; paid the due stamp duty; appeared at the appointment at the provincial office, in accordance with the summons, and during it: presented a valid travel tocument; submitted fingerprints; submitted a signature specimen.

a valid certificate confirming the presumption of being a victim of human trafficking, issued by the prosecutor in connection with the ongoing proceedings on the crime of human trafficking / other tocuments confirming that you are a victim of human trafficking; certificate from the prosecutor about cooperation in a case concerning human trafficking declaration of cutting contacts with persons suspected of the crime of human trafficking, or other credible tocuments confirming this circumstance (e.g. such information may be provided by the Prosecutor, the National Consultation and Intervention Centre for Victims of Human Trafficking, a support organisation providing assistance/shelter);

If the application was submitted correctly and during a legal stay, the foreigner’s continued stay is considered legal from the date of submission until the date on which the decision regarding the permit becomes final. In such a situation, the provincial governor is required to issue the foreign national, free of charge, a certificate confirming the submission of the application. It will be generated in the MOS system. The foreign national may also collect it in paper form during a personal visit to the provincial office.

The requirements for granting it are limited—unlike most residence permits, the applicant does not have to prove that they have health insurance or means of support. Additionally, no fee is charged for granting it.

Validity period 6 months to 3 years

⇒ After obtaining the permit, you may work in Poland without the need to obtain a work permit.

⇒ If you voluntarily re-establish contact with persons suspected of the offence of human trafficking and/or cease to cooperate with the police and prosecutor's office in proceedings regarding that offence, the permit may be revoked, which may lead to the obligation to leave Poland if you to not have another basis for stay.

⇒ You are obliged to notify the competent voivode, in writing, within 15 working days, that you have withdrawn from cooperation with law enforcement authorities (police, prosecutor's office) or that the proceedings concerning the offence of human trafficking have been concluded.

If you are a victim of human trafficking, seek help! ⇒ at the nearest police station ⇒ by calling the emergency number 112 ⇒ by email at: handelludzmibsk@policja.gov.pl ⇒ by calling the helpline: +48 22 628 01 20, +48 22 628 99 99, or the emergency number: +48 664 974 934. ⇒ by contacting one of the non-governmental organizations, including La Strada, CPPHN, and Ius et Ratio. For more information, visit: www.gov.pl/web/handel-ludzmi and https://www.gov.pl/web/kcik

the provincial governor competent for the foreigner’s place of residence;