If you have received a refusal for a temporary residence permit in Poland, you may feel uncertain about the legality of your continued stay. However, this is not an uncommon situation. The popularity of internet searches for terms like “residence card refusal“, “appeal against residence card refusal decision“, “residence card denial” and similar phrases attests to this. In this article, you will learn what steps you can take in response to a decision refusing a residence permit in the first instance.
BASE YOUR ACTIONS ON DOCUMENTS
Many individuals applying for residence permits are stressed about their residency status, as previous visas or permits expire while new documents authorizing legal stay are yet to be issued. If you find yourself in such a situation, remember that the waiting period for document issuance does not indicate the decision made by the authority. Always base your actions on the documents received from the authorities handling your case. If you submitted your application for a residence permit correctly, you can be sure that you will receive a final decision at this stage. This decision may come in the form of a ruling or, in some cases, a decision order. According to current regulations, authorities must deliver their ruling to you or your legal representative, if you have one. If the decision has not been delivered properly, it cannot affect your legal status. However, always ensure the authority handling your case has your current address. Failing to update your address may lead to delivery attempts at your old address, where authorities may deem the delivery valid if you fail to respond, considering it your fault. This would make the decision binding for you.
Residence card refusal – understand the reason
The Act on Foreigners specifies reasons for which the authority may refuse to issue a residence permit (discretionary) and reasons for which the authority must refuse to issue the permit (mandatory). Upon receiving a refusal, you will be able to determine the grounds for the decision and assess whether the authority had legitimate reasons to issue such a decision. The Administrative Procedure Code requires that every administrative decision include a series of elements, one of which is factual and legal justification. This should be written in a way that makes the authority’s reasoning clear and allows the correctness of the decision to be assessed. Legal provisions ensure that the justification clearly outlines the reason for the refusal of your residence card. Remember, even if the authority cites mandatory grounds for refusal, this does not mean the decision is correct. Depending on whether you are applying for a temporary residence permit, a permanent residence permit, or an EU long-term residence permit, the grounds for refusal will differ. Analyze the decision thoroughly to determine if it is accurate. If in doubt, you can request access to the case files and verify all the documents.
APPEAL THE REFUSAL DECISION
Administrative proceedings are generally two-tiered, meaning that you can appeal a decision concluding the case, regardless of whether it is a refusal or the granting of a permit. In the case of a refusal for a residence permit, as a party to the proceedings, you have 14 days from the delivery of the decision to file an appeal. Unlike the application for a residence permit, there is no pre-set appeal form. According to the regulations, an appeal does not require detailed justification; it is sufficient for the appeal to indicate dissatisfaction with the decision. This legal construction allows you to submit an effective appeal even without extensive knowledge of administrative proceedings, ensuring that another authority will review your case. For the appeal to be valid, you must prepare a document indicating the decision you are appealing, such as by specifying the case number, and emphasizing your disagreement with the ruling. You can also explain why you disagree with the decision. The document must be signed and submitted to the office that issued the refusal, either in person or by mail. Meeting the deadline for filing the appeal is crucial for it to be considered.
PARTICIPATE IN THE APPEAL PROCEEDINGS
For all types of residence permits, regardless of the voivodeship where you are located, your appeal against the refusal decision will be reviewed by the Head of the Office for Foreigners, based in Warsaw. Submitting an appeal within the deadline suspends the execution of the decision, meaning that a refusal decision will not have consequences until the case is concluded in the second instance. During the appeal process, your legal stay remains extended. The appellate authority may issue one of three types of decisions: The first is to uphold the contested decision, confirming that the first-instance authority made a correct decision. The second is to overturn the contested decision in whole or in part. In this case, the appellate authority may independently rule on the essence of the matter (issuing its own decision regarding your residence) or annul the decision and refer the case back to the first-instance authority for reconsideration. The third type is the discontinuation of the appeal proceedings — this occurs if you withdraw your appeal or if the authority determines that further proceedings are no longer relevant. Except in rare cases, the decision resulting from an appeal against a decision to refuse a residence card cannot be more unfavorable to you. This means that appealing cannot worsen your residency situation. Remember that during the appeal proceedings, you have the right to actively participate at every stage. Before issuing a decision, the authority is required to allow you to comment on the evidence, materials, and demands collected. Thus, the final decision should not come as a surprise.
DECISION IN THE APPEAL PROCESS – WHAT IT MEANS FOR YOU
The different types of decisions mentioned in the previous paragraph have varying implications for your residency status. The most favorable outcome is a decision by the Head of the Office for Foreigners that overturns the refusal and grants you a residence permit, outlining its conditions. Upon receiving such a decision, you can be assured that the residence card will also be printed, which you can collect at the voivodeship office responsible for your place of residence. If the Head of the Office overturns the first-instance decision and refers the case for reconsideration, it means your case remains ongoing, but you have another chance to demonstrate that your stay in Poland is justified and that you are entitled to a residence card. An undesirable outcome would be the upholding of the contested decision, meaning a refusal of the residence permit. In this case, the Head of the Office for Foreigners confirms that the issuing authority’s refusal was justified and maintains the decision. Unfortunately, such a decision is final, meaning no further appeals can be made. If you receive such a decision, you are obligated to leave the territory of Poland within 30 days of the document’s delivery unless you hold another valid residence document (visa or residence permit). After a refusal, you are also prohibited from submitting another application for a residence permit, as this is legally blocked. If you still disagree with the decision, you can seek judicial review by filing a complaint with the court, which is a topic for another article. You should note that filing a court complaint will not extend your legal stay, and the decision will still have consequences for you even if the complaint is submitted.
Equipped with the knowledge from this article, you should now know what actions to take after receiving a residence permit refusal to safeguard your residency situation in Poland, and the term “residence card refusal” will no longer seem daunting. However, if you prefer to avoid the hassle of formalities and entrust your case to professionals, we encourage you to use the services of the kartapobytu.pl team. Over many years of activity, we have supported thousands of foreigners in residency procedures. We can ensure quick and effective document preparation thanks to our familiarity with the specifics of cooperation with various offices throughout Poland. We offer nationwide support. Let’s work together!
Legal Basis:
Act of April 20, 2004, on Employment Promotion and Labor Market Institutions (consolidated text: Journal of Laws of 2023, item 735, as amended).
Act of December 12, 2013, on Foreigners (consolidated text: Journal of Laws of 2024, item 769, as amended).
Act of June 14, 1960, Code of Administrative Procedure (consolidated text: Journal of Laws of 2024, item 572).
