Withdrawal of permit

Detailed explanation

The residence permit shall be withdrawn by administrative decision.

The decision to withdraw the permit is issued, after the administrative procedure in this case, by the voivode who originally granted the permit or who ruled on its granting in the first instance if the permit was granted by the Head of the Office for Foreigners after considering the appeal.

The purpose of this procedure is to determine whether there are grounds for withdrawing the permit. In the proceedings, the voivode is obliged to ensure the active participation of the party, i.e., notify it of its initiation, allow it to become acquainted with the files of these proceedings and give the opportunity to comment on the collected evidence and circumstances.

A party has the right to appeal against the decision issued within 14 days from the date of its delivery. The appeal is submitted to the Head of the Office for Foreigners, through the voivode who issued the contested decision.

Remember!

If you do not decide to appeal against the decision issued by the voivode on the withdrawal of your permit, after 14 days the decision in this matter, if properly served, becomes final. You should leave the territory of Poland immediately, no later than within 30 days from that date, and if you have waived your right to appeal – within 30 days of waiver of this right. In the case of a decision issued by the Head of the Office for Foreigners, you have 30 days to leave the territory of Poland counting from the date of delivery of the decision in this matter.

You do not have to leave the territory of Polish only if you have another title entitling you to continue your stay in Poland, e.g., a valid visa.

I. Retracement of a temporary residence permit (general rules)

A temporary residence permit shall be withdrawn from a foreigner when:

- the purpose of the stay, which was the reason for granting the temporary residence permit, has ceased.

This is a situation where the granting of the permit was justified by the implementation of a specific purpose (e.g., staying married, studying at university, or running a business), and the foreigner does not pursue this goal (e.g., they are separated from their spouse or has divorced / abandoned education or has been removed from the list of pupils or students / does not run a business).

If your main purpose of stay has changed (e.g., you have resigned from post-secondary education and intend to study at full-time studies), and you still want to stay in Poland, apply to the voivode with a new application for a temporary residence permit, indicating new circumstances as justification for your stay in Poland.

If, on the other hand, the current purpose of stay has ceased during the validity of the permit and there is no justification for your further stay in Poland, notify the voivode about it. You have to reckon with the fact that the permit will be revoked, and you will have to leave the territory of Poland.

Remember!

You are obliged to notify the voivode who granted the permit that the purpose of stay, which was the reason for granting the temporary residence permit, has ceased. If the permit was granted to you by the Head of the Office for Foreigners, send the notification to the voivode who conducted the proceedings in the first instance. You have 15 working days to send a notice.

If you do not comply with this obligation, the voivode may refuse to grant you another permit, regardless of your compliance with all the requirements necessary to grant it. This may be the case if you submit your application within 12 months of the expiry of the period of validity of the preceding permit or from the date on which the decision to withdraw the temporary residence permit became final.

- he no longer meets the requirements for a temporary residence permit due to the declared purpose of their stay.

This is a situation where, in order to obtain a permit, a foreigner had to prove, for example, possession of certain income, which was then reduced to a level that would not allow the grant of this permit or became irregular.

- at least one of the circumstances referred to in Article 100(1)(2) or (4-8) of the Act on Foreigners has occurred, i.e.:

the foreigner's data must be entered into the list of foreigners whose stay on the territory of the Republic of Poland is undesirable,

this is required for reasons of defence or security of the State or protection of security and public order or obligations arising from the Regulations of ratified international agreements in force in the Republic of Poland,

in the procedure for granting them a temporary residence permit:

- has made an application containing false personal data or false information or has attached to it documents containing such data or information, or

- they have testified untruth or concealed the truth, or forged or altered a document in order to be used as authentic or used such a document as authentic, or

is in arrears with the payment of taxes, except in cases where they have obtained the exemption provided for by law, postponement, spreading into instalments overdue payments or suspending in full the implementation of the decision of the competent authority

did not reimburse the costs related to the issuance and implementation of the return decision, which were covered by the state budget, or

being subject to the obligation of treatment pursuant to Article 40(1) of the Act of 5 December 2008 on the prevention and control of infections and infectious diseases in humans, does not agree to this treatment.

Remark!

The Regulations of the Act on Foreigners, applicable to a given type of permit, may provide for specific exclusions or additional grounds for which the permit may be withdrawn.

II. Retracement of a permanent residence permit

A permanent residence permit shall be withdrawn from a foreigner in cases where:

  • left the territory of the Republic of Poland for a period exceeding 6 years

  • was convicted by a final judgment in the Republic of Poland for an intentional crime to a penalty of at least 3 years of imprisonment

  • this is required for reasons of defence or state security or the protection of security and public order

  • the interest of the Republic of Poland requires it

  • in the procedure for granting them that permit:

- has submitted an application for permit containing false personal data or false information or has attached to it documents containing such data or information, or

- they have testified untruth or concealed the truth or forged or altered a document in order to be used as authentic or used such a document as authentic.

A foreigner who has been granted a permanent residence permit due to their Polish origin, this permit is withdrawn only if:

  • left the territory of the Republic of Poland for a period exceeding 6 years, or

  • this is required for reasons of defence or security of the State or of the protection of security and public order, or

  • in the procedure for granting them that permit:

- has submitted an application for permit containing false personal data or false information or has attached to it documents containing such data or information, or

- they have testified untruth or concealed the truth, or forged or altered a document in order to be used as authentic or used such a document as authentic,

- and a foreigner who has been granted a permit due to having asylum in our country, only if they have been deprived of this asylum.

If the basis for granting a permanent residence permit to a foreigner was the fact of being married to a Polish citizen, the permit may be withdrawn if the foreigner divorced within 2 years from the date on which they were granted a permanent residence permit.

III. Re-permit of a long-term EU resident's residence permit

A foreigner shall have their long-term EU resident's residence permit revoked in cases where:

  • he left the territory of the Republic of Poland for a period exceeding 6 years

  • he left the territory of the European Union for a consecutive period of 12 months or, if immediately before granting the permit they had a Blue Card issued by the authorities of the Republic of Poland or is a family member of a foreigner who had a Blue Card – 24 months

  • the acquisition of a residence permit for a long-term EU resident was unlawful (e.g., as a result of forgery or alteration of documents)

  • it constitutes a real and serious threat to the defence or security of the State or to the protection of security and public order

  • has obtained a residence permit for a long-term EU resident on the territory of another Member State of the European Union, or

  • he has been deprived of refugee status or subsidiary protection granted in Poland if the permit was granted in connection with the stay on the basis of refugee or subsidiary protection status.

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