Permission to stay for humanitarian reasons is a type of stay granted to foreigners who, for important reasons, cannot be obliged to return to their country of origin — for example, if the return would violate their right to family life. This type of permit is issued by the Border Guard.
A foreigner who is granted such a permit cannot apply for a temporary residence permit in Poland or for an EU long-term resident permit. However, they may apply for a permanent residence permit.
A permission to stay for humanitarian reasons granted by the Border Guard entitles a family member of the foreigner to apply for residence for the purpose of family reunification, and consequently, to obtain a permit that allows the family member to work without a work permit.
A residence permit for humanitarian reasons based on holding a D21 visa is a temporary residence permit issued only to Belarusian citizens who, immediately before applying for the permit, held a valid national visa marked with the D21 symbol. This permit is issued by the locally competent authority/voivode.
While staying in Poland on the basis of this temporary residence permit granted for humanitarian reasons due to holding a D21 visa, a foreigner may apply for further legalisation of their stay under regular conditions, such as a temporary residence permit, permanent residence permit, or EU long-term resident permit.
If a foreigner is granted a temporary residence permit for humanitarian reasons due to holding a D21 visa, their family member may apply for a residence permit on other grounds. However, this type of permit does not entitle the family member to work without a work permit.