Common raising children from a previous partner’s relationship and remaining in a religious (Muslim) relationship with her entitles to obtain a humanitarian residence permit in Poland in order to protect the right to family life and children’s rights.

The Commander of the Border Guard Warsaw-Okęcie, by decision of 27 March 2020, no. NW-WA-Gds.C-Zds.M.4226.11.2020, granted a humanitarian residence permit to a migrant who jointly raises his partner’s children. The Border Guard decided that participating in the family life of a partner (common upbringing of children from a previous cohabitation) with whom the migrant remains exclusively in a religious (Muslim) relationship can be qualified as having a family and private life in Poland.

A number of evidence was analyzed in the case, including the migrant’s interview, community and witness interviews, in order to determine whether the migrant actively participates in family life, including the upbringing of the partner’s children from her previous marriage, and what is the relationship between individual family members. The decision indicates that the migrant remains in a religious relationship for several years. The couple lives together and raises spouse’s children from the previous marriage. Furthermore, as determined by the administration body, a migrant provides the family with support necessary due to the health condition of certain members of his family.

Considering the above, the Commander of the Border Guard Warsaw-Okęcie decided that the migrant “conducts private and family life on the territory of the Republic of Poland. He fully participates in the [family members] life (…)” and, as a consequence, has granted a residence permit for humanitarian reasons, referring to the conditions specified in Art. 348 (2) and (3) of the Act on Foreigners.

The decision of the authority was also influenced by the support provided by the migrant to other family members requiring additional care due to their health condition.

Association for Legal Intervention participated in the proceedings as the social organization. The Association was represented by legal adviser Magdalena Sadowska.