Temporary residence permit due to other circumstances (for holders of national humanitarian visas issued by Polish authorities)

Select an issue of interest or find out the full information regarding the permit

Appeal

A higher level authority in relation to the Voivode in matters of temporary residence permits is the Head of the Office for Foreigners. The tasks of the Head of the UdSC with regard to appeal proceedings in these cases are carried out by the Department for the Legalisation of Stay of the Office for Foreigners.

The foreigner shall have the right to lodge an appeal with the Head of the Office for Foreigners against the Voivode’s decision on the temporary residence permit. An appeal shall be lodged via the Voivode who issued this decision within 14 days from the date of its delivery.

In appeal proceedings, the Head of the Office for Foreigners has the right to (*):

  • recognise the legitimacy of the granting of the temporary residence permit – in which case it will overrule the appealed decision of the Voivode and grant the permit, explaining in the justification the reasons for the overrule,

  • conclude that the necessary conditions for granting the permit have not been met – it will then uphold the Voivode’s decision and explain its position in detail,

  • conclude that the decision has been issued in breach of the rules of procedure and that the scope of the case that needs to be clarified has a significant impact on the outcome of the case – in that case, it shall revoke the Voivode’s decision and remit the case to the Voivode for reconsideration.

(*) – the most typical outcome

A foreigner who, after the decision of the first instance authority has been annulled, has obtained a temporary residence permit on the territory of Poland, is issued a residence card. This document is issued ex officio by the Voivode who conducted the proceedings at first instance.

Navigate to the following tab: “Administrative procedures” (“Legal remedies”) and to the tab “Frequently made mistakes,” for a more detailed explanation of the appeals procedure.

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Remember!

  • If the permit is not granted to you and you have no grounds for further stay in Poland, you should leave the territory of Poland within 30 days from the day on which the decision to uphold the Voivode's decision issued by the Head of the Office for Foreigners is delivered to you. If you do not leave, a return obligation decision may be issued against you (go to: “Return obligation and re-entry ban” to find out more).

  • 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.

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