A condition for the legal stay of a foreigner in Poland is holding an appropriate temporary or permanent residence permit. The authority issuing the decision is the Voivode competent for the foreigner’s place of residence. To obtain such a permit, a number of conditions listed in the Act of 12 December 2013 on Foreigners must be met. Failure to comply with the requirements set out in the Act may result in a refusal to grant a residence permit, followed by an obligation to leave the country.
SUBMISSION OF THE APPLICATION WITH A COMPLETE SET OF DOCUMENTS
One of the main reasons for the refusal of a residence card is formal errors. The application for a temporary residence permit, permanent residence permit or EU long-term resident permit must be filled in accurately, correctly and truthfully. Each office usually has its own list of required attachments. Both the lack of necessary documents and submitting excessive ones slow down the process and extend the waiting time for a decision. Special attention should be paid to attachments such as properly taken photographs, proof of payment of stamp duties, and a valid passport—without which the application will not be accepted. It is also necessary to ensure that all documents are presented in their original form or certified as true copies by an official. Even minor deficiencies may result in a request for completion, and in extreme cases, may lead to a refusal to issue a residence card.
SUPPLEMENTING DOCUMENTS AND STATUTORY DEADLINES
If there are deficiencies or errors in the evidence provided, the office may contact the applicant to supplement the missing information. The foreigner is obliged to submit the required documents within the deadline indicated by the office, either by post or by appearing in person. Even a one-day delay may result in the application being left without consideration. Ignoring such a request may lead to serious consequences, including a refusal to issue the residence card.
VALIDITY OF SUBMITTED DOCUMENTS
When planning a visit to the office, it is necessary to ensure that the foreigner’s current legal basis for stay is still valid. Additionally, one must check the expiration dates of all contracts and social insurance with ZUS. If any submitted document expires, a new one must be promptly issued and submitted to the office, certified by a notary as a true copy. Neglecting the validity of documents can lead to a negative decision in the residence procedure.
REFUSAL TO ISSUE A RESIDENCE CARD – COMMON CAUSES
One of the most common reasons for refusal to grant a residence permit is the failure to correct formal deficiencies within the deadline set by the office. This is often due to not collecting mail or failing to check mailboxes. Falsifying the residential address to speed up the decision process or frequently changing residence without notifying the office also negatively affects the procedure. In the event of new circumstances, such as changing jobs or residence, the authority must be immediately informed. Submitting more than one application for the same procedure in different offices does not result in a positive decision and is against the law.
REFUSAL TO ISSUE A RESIDENCE CARD – OFFICIAL ERRORS
Sometimes, the refusal to issue a residence card results from an error made by an official or a negative opinion issued by law enforcement agencies.Fortunately, an appeal against a refusal decision is possible. In the case of residence permits, the appeal period is 14 calendar days from the date the decision is received. Depending on the reason for the refusal, submitting a new application may also be considered, although in many cases, an appeal against the refusal to issue a residence card proves more effective than starting the process over.
