How to obtain a tolerated residence permit in Poland?
In the course of proceedings concerning an obligation to return, the Commanding Officer of the Border Guard considers and examines all circumstances which might justify issuing a tolerated residence permit in favour of a foreigner. In such a case, we provide the Border Guard will all documents necessary for obtaining such permit.
In order to obtain a tolerated residence permit, a foreigner must demonstrate that his/her obligation to return:
-obligates him/her to return only to a country where, pursuant to the European Convention for the Protection of Human Rights and Fundamental Freedoms drafted in Rome on 1950:
a) his/her life, freedom and personal safety would be at risk or
b) s/he might be subjected to tortures, inhumane or humiliating treatment or punishment, or
c) s/he might be forced to labour, or
d) s/he might be deprived of his/her right to a fair trial or subjected to punishment without legal grounds;
-is unenforceable due to any circumstances independent of the competent entity in charge of executing such decision, or the foreigner him/herself, or
-obligates him/her to return solely to a country where s/he must not be extradited to, based on a relevant decision issued by the court or Minister of Justice concerning refusal to extradite the foreigner.
Humanitarian Residency Permit