UDSC

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Legal basis

Pursuant to Article 53a (2) (4) of the Act of 13 June 2003 on foreigners (Dz. U. of 2006 No. 234 item 1694 as amended) a residence permit for a fixed period may be granted to a foreigner staying in the territory of the Republic of Poland illegally, if an authority competent for combating human trafficking decides that the foreigner has probably fallen vicitim of trafficking in human beings within the meaning of the Council Framework Decision of 19 July 2002 on combating trafficking in human beings (OJ EC L 203 of 01.08.2002, p. 1; OJ EU Polish special edition, chapter 19, vol. 6, p. 52).

Decision-making authority

A decision on whether or not a residence permit for a fixed period should be granted is made by a Voivode competent for the foreigner's place of stay.

Documents

The foreigner is obliged to: produce a valid travel document, justify their application and append the following to it:

• 1)4 current photographs which must not be damaged and which should be in colour, with the dimensions of 35 x 45 mm and made within the last 6 months on a uniform white background, with good sharpness, clearly showing the eyes and the face from the top of the head to the upper part of the shoulders so that the face takes up 70-80% of the photograph. The photographs must present the individual without any headgear or dark glasses, looking ahead with the eyes open and not covered by hair, with a natural facial expression and closed lips;
• 2)documents necessary to confirm the details contained in the application and the circumstances justifying the application for a residence permit for a fixed period;
• 3)proof of payment of stamp duty;

Appeal

If a party is dissatisfied with a decision made by the first instance they have the right to appeal against it, within the statutory time limit of 14 days after the decision was served, to a higher instance which in this case is the Head of the Office for Foreigners. With respect to the decision of the second instance, a party may file a complaint to the Administrative Court within 30 days of the day in which the decision was served and this court oversees the activities of public administration in terms of their compliance with the law.

Period for which a residence permit for a fixed period is granted

A residence permit for a fixed period is always granted for the period necessary to achieve the aim for which the permit was issued or to make a decision on cooperation with an authority competent for conducting proceedings in fighting against human trafficking, which must not be longer than 3 months.

Stamp duty

 When a residence permit for a fixed period is issued a stamp duty of PLN 340 applies. A charge of PLN 50 applies when a residence card is issued.