How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?
The parent or guardian applies electronically via MOS to the provincial governor. The permit is granted once, until the expiry of the parent's national visa or temporary residence permit; to stay on, another temporary or permanent residence permit must be sought before expiry — not on the same grounds. With the permit and residence card the child can reside in Poland, cross the border without a visa and stay in other Schengen states for 90 days in any 180-day period.
See recorded sources
Limits of the record- No route to independent or long-term status is described on the page.
- https://www.mos.cudzoziemcy.gov.pl/en/categories-information/possibilities-legalization/non-eu-continued-stay/permit-temporary/staying-with-family/child-of-a-foreigner-born-in-pl/
the parent or guardian of the minor foreigner submitted, on the minor's behalf, the application for a permit in electronic form via MOS, in the manner specified in the regulations, together with the necessary attachments;
- https://www.mos.cudzoziemcy.gov.pl/en/categories-information/possibilities-legalization/non-eu-continued-stay/permit-temporary/staying-with-family/child-of-a-foreigner-born-in-pl/
once, until the date on which the national visa or the parent’s temporary residence permit expires.
- https://www.mos.cudzoziemcy.gov.pl/en/categories-information/possibilities-legalization/non-eu-continued-stay/permit-temporary/staying-with-family/child-of-a-foreigner-born-in-pl/
In order for a minor foreign national to continue to reside legally in Poland, before the expiration of this permit, their parent or guardian should apply for another temporary or permanent residence permit, provided they meet the requirements for its issuance. Please note that it is not possible to grant a temporary residence permit on the same grounds (Article 160(2) of the Act on Foreigners).
- https://www.mos.cudzoziemcy.gov.pl/en/categories-information/possibilities-legalization/non-eu-continued-stay/permit-temporary/staying-with-family/child-of-a-foreigner-born-in-pl/
⇒ Thanks to the permit and the valid residence card, the minor foreigner can legally reside in Poland and cross the Polish border (under supervision) without the need to hold a visa or fulfil the conditions for entry under the visa-free regime.
⇒ They may also cross the internal borders of the Schengen Area and stay in other Schengen Area countries for a period of 90 days in any 180-day period, provided that the entry and stay requirements are met.