Published: 03.12.2013
The Senate is currently considering the new Law on the Foreigners. According to Article 160 a foreign person may be granted temporary residence in Poland if he or she stays in a relationship with someone of the same sex who is a national of the Republic of Poland, another EU Member State or EFTA member state. This conclusion can be drawn under the definition of the foreigner, who runs the family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms.
In this context it is strictly necessary to emphasize, that new law undermines the constitutional model of family life protected by Article 18 of the Constitution. The state is obliged to provide the protection and care of the "marriage as a union between a woman and a man, family, motherhood and parenthood", and not "family life within the meaning of the Convention ". In conclusion, the provision of Article 160 of the Law on the Foreigners is contrary to the current regulations and allows, difficult to control, inflow of persons belonging to the LGBT community from outside the EU.
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