Temporary resident permit for humanitarian reasons/visa D21 and Permission to stay for humanitarian reasons – DIFFERENCES

Permission to stay for humanitarian reasons is a type of authorisation to stay for humanitarian reasons granted to a non-EU citizen who, for important reasons, cannot be obliged to return to their home country, e.g. an obligation to return would violate his/her right to family life. Permission to stay for humanitarian reasons is granted by the Border Guard.

A foreigner who has been granted this permit may not apply for a temporary residence permit in Poland or for a residence permit for a long-term EU resident. Instead, they can obtain a permanent residence permit.

Permission to stay for humanitarian reasons granted by the Border Guard entitles the family member of the foreigner who received the permit to apply for a stay for the purpose of family reunification.  It means that the family member will be entitled to perform work without a work permit.

 

Temporary resident permit for humanitarian reasons due to the possession of a visa D21 is a permit granted only to citizens of Belarus who, directly before submitting the application for temporary residence, had a valid national visa with the D21 symbol. This permit is granted by locally competent Governor.

Temporary resident permit for humanitarian reasons due to the possession of a visa D21, entitles the foreigner to apply for further legalization of stay on the usual terms, such as a temporary residence permit, a permanent residence permit, a long-term resident's EU residence permit.

If a foreigner receives a temporary residence permit for humanitarian reasons due to the possession of a D21 visa, a family member of such a foreigner may apply for a permit due to other circumstances, which permit does not entitle the family member to work without a work permit.

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