Decision
After reviewing the evidence and supplementing it if necessary the Voivode decides on the granting of the permit by way of an administrative decision, if he or she finds that there are no obstacles to its granting, including the assessment that the requirements for the permit have been met.
A residence card is issued to a foreigner who has been granted a permit (more under: “Residence card”).
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Decision to refuse authorisation
The Voivode shall issue an administrative decision to refuse the foreigner a temporary residence permit if he/she finds that there are grounds for refusing the permit, which may be related to:
failure to meet the requirements due to the declared purpose of stay or it is found that the circumstances on which the application for this permit is based do not justify the foreigner’s stay on the territory of the Republic of Poland for a period longer than 3 months, or
entry of the foreigner's data to the list of foreigners whose residence in the territory of the Republic of Poland is undesirable, or the entry of a foreigner in the Schengen Information System for the purposes of refusing entry, or
national defence or security or the protection of public security and order, or obligations arising from the provisions of ratified international agreements binding the Republic of RP, or
submitting in the course of the procedure for granting the temporary residence permit an application containing false personal data or false information or by enclosing with such an application documents containing such data or information, or giving false testimony or withholding the truth or falsifying or altering a document for the purpose of using it or using such a document as authentic, or
failure to consent to treatment, in a situation in which there is an obligation to treat on the basis of Article 40(1) of the Act of 5 December 2008 on preventing and combating infections and infectious diseases in humans,
filing an application while illegally residing on the territory of the Republic of Poland or an illegal stay on that territory on the date of the decision.
A decision on the refusal to grant a permit can be appealed to the Head of the Office for Foreigners (additional information available in the tab: “Appeals”).
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Remember!
Appealing against the Voivode's decision on the permit is your right, not an obligation.
If the permit is not granted to you and you do not have a basis for further stay in Poland, and you do not submit an appeal against the decision of the Voivode in time, then you should leave the territory of Poland within 30 days from the date on which the decision of the Voivode becomes final. If you do not leave, a return obligation decision may be issued against you (go to the tab “Return obligation and re-entry ban”, for more information).
In the vase of filing another application for a temporary residence permit or a permit for indefinite residence (i.e. for permanent residence or for long term resident’s EU residence permit in this time limit, the application shall remain unprocessed. The legal provisions provide for the refusal to initiate the proceedings in such case. The refusal to initiate proceedings is made in the form of a decision which can be appealed against.
If you fear returning to Belarus, for example in connection with opposition activities, you can apply for international protection. Remember that in proceedings concerning the foreigner's obligation to return, circumstances which may result in granting a permit for residence permit for humanitarian reasons or a permit for tolerated stay are each time examined ex officio.
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