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ACT
of 12 December 2013
on foreigners

(excerpts)

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Chapter 9
Stay in the territory of the Republic of Poland of foreigners who are victims of human
trafficking


Article 170. A foreigner who is presumed to be a victim of human trafficking within the meaning of
Article 115(22) of the Criminal Code, shall be provided with a certificate confirming the existence of
such a presumption.


Article 171. 1. A foreigner’s stay in the territory of the Republic of Poland shall be considered legal
throughout the period of validity of the certificate referred to in Article 170 issued to the foreigner.
2. The stay of a foreigner referred to in Article 170 shall cease to be considered legal upon entering
by the minister competent for internal affairs, in the register referred to in Article 428(1)(7),
information that the foreigner has actively, voluntarily and on his/her own initiative renewed contacts
with those suspected of committing the criminal offence referred to in Article 189a(1) of the Criminal
Code.
3. The information referred to in Article 2 shall be provided by the authority which has issued the
certificate referred to in Article 170.


Article 172.

1. The certificate referred to in Article 170 shall be issued to the foreigner by the
authority competent to conduct proceedings related to the criminal offence referred to in Article
189a(1) of the Criminal Code.
2. The certificate referred to in Article 170 shall be valid for a period of 3 months from the date of its
issue, or – in the case of a minor foreigner – for a period of 4 months from the date of its issue.


Article 173. The authority competent for conducting proceedings related to the criminal offence
referred to in Article 189a(1) of the Criminal Code shall advise the foreigner in writing in a language
which he/she understands about the provisions of Article 171 and Article 172.


Article 174. The authority which has issued to a foreigner the certificate referred to in Article 170
shall notify thereof the minister competent for internal affairs.


Article 175. The minister competent for internal affairs shall specify, by way of ordinance, the
template of the certificate referred to in Article 170, having regard to the purpose for which the
certificate is issued and the data confirming a foreigner's identity.


Article 176. A temporary residence period for victims of human trafficking shall be granted to a
foreigner who meets each of the following conditions:
(1) resides in the territory of the Republic of Poland;
(2) has started to cooperate with the authority competent to conduct proceedings related to the
criminal offence referred to in Article 189a(1) of the Criminal Code;
(3) has ended contacts with persons suspected of committing the criminal offence referred to in
Article 189a(1) of the Criminal Code.


Article 177. A temporary residence period for victims of human trafficking shall be granted for no less
than 6 months.


Article 178. To the proceedings on granting a foreigner a temporary residence period for victims of
human trafficking the provisions of Article 99(1)(2) and (4)-(6) and Article 100(1)(2), (3) and (6)-(9)
shall not apply.


Article 179. The authority conducting the proceeding on granting a foreigner a temporary residence
permit for victims of human trafficking shall provide an opportunity for an interpreter’s assistance for
a foreigner who does not have adequate knowledge of the Polish language.


Article 180. A temporary residence permit for victims of human trafficking granted to a foreigner
shall be revoked:
(1) in the cases referred to in Article 101(1) or (2), in particular where the foreigner has ceased to
cooperate with the authority competent to conduct the proceedings related to the criminal offence
referred to in Article 189a(1) of the Criminal Code, or where such proceedings have been closed, or
(2) at least one of the premises referred to in Article 100(1)(4) or (5) has occurred.

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Chapter 1
Permanent residence permit


Article 195. 1. A permanent residence permit shall be granted to a foreigner for an indefinite time, at
his/her request, if the foreigner:

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(5) is a victim of human trafficking within the meaning of Article 115(22) of Criminal Code, and:
(a) resided in the territory of the Republic of Poland, immediately before filing an application
for a permanent residence permit, for a period of no less than 1 year, on the basis of a
temporary residence period for victims of human trafficking,
(b) has cooperated with law enforcement authorities in criminal proceedings related to the
criminal offence referred to in Article 189a(1) of the Criminal Code,
(c) has a well-founded fear of return to the country of origin, attested to by the prosecutor in
charge of the proceedings related to the criminal offence referred to in Article 189a(1) of the
Criminal Code, 

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