Our client who stayed in Poland illegally has been granted residence permit based on partnership with foreign partner

The Head of the Office for Foreigners granted our client, who was staying illegally in Poland, a temporary residence permit on the basis of his partnership with a foreign partner who holds Polish TRC.

Foreigner applied to the voivode for TRC based on “other circumstances”, i.e. staying with non-EU national partner who holds a temporary residence permit in Poland. At the time of submitting the application, the client was residing in Poland illegally. The Mazovian Voivode issued a refusal decision and attorney Justyna Wrobel has been supporting a foreigner in appeal procedure.

Pursuant to the Act on Foreigners, “other circumstances” TRC may be granted to a non-EU national, if his/her stay in Poland is necessary due to the need to respect the right to family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention), and the applicant is staying in Poland illegally. This means that in certain specific situations, despite the fact that the foreigner’s stay in Poland is illegal, it is possible to legalize his/her stay if he/she leads a family life in Poland.

Family life is protected under Article 8 (1) of the Convention, which states that “Everyone has the right to respect for his/ her private and family life, his/her home and his/her correspondence”.

In the presented case, the client and his partner are in non-marital partnership, share a common household, and are planning to get married. These circumstances, in our opinion, which was shared by the Head of the Office for Foreigners, constitute legal grounds for concluding that foreigner’s stay in Poland is indispensable due to the need to respect his right to family life. Therefore, the non-EU national was granted a temporary residence permit in Poland.

Source: Article 187 point 6 of the Act on Foreigners