Administrative case
In proceedings on the granting of a temporary residence permit due to other circumstances only the foreigner is a party. He or she is the one who fills in the application in the CHM, then prints it, signs it and submits it in person with the necessary documents. In these activities an attorney may not represent the foreigner.
===============================================================================================
In the case of a foreigner who is:
a minor – the application for the temporary residence permit shall be submitted by his or her parents or court appointed guardians or by one of the parents or one of the guardians appointed by the court;
a person who is completely incapacitated – the application for granting him or her a legally appointed guardian shall submit a temporary residence permit;
an unaccompanied minor – an application for a temporary residence permit shall be submitted by a guardian.
An application for a temporary residence permit to a foreigner who is a minor and over 6 years of age on the date of submitting the application must be submitted in his or her presence.
===============================================================================================
The authority competent to examine the application is the Voivode competent for the foreigner’s place of residence – this Voivode accepts the application from the foreigner, initiates (or refuses to initiate) and conducts the proceedings on granting the foreigner a temporary residence permit. A higher level authority in relation to the Voivode is the Head of the Office for Foreigners.
The administrative procedure for granting a temporary residence permit shall be initiated at the request expressed in the application.
===============================================================================================
Refusal to initiate proceedings:
Except in the case of failure to submit fingerprints, the Voivode refuses to initiate the proceedings, when at least one of the following circumstances listed in Article 99(1) of the Act on Foreigners exists on the date of submission of the application for this permit:
the foreigner holds a permit of indefinite duration on the territory of the Republic of Poland (permanent residence permit / long-term resident’s EU residence permit),
is staying in Poland on the basis of a Schengen visa entitling him only to enter this territory, issued for the purpose referred to in Article 60(1)(23) of the Act on Foreigners (i.e. arrival for humanitarian reasons, due to the interest of the state or due to international obligations),
is staying in Poland on the basis of a temporary residence permit granted in cases referred to in Article 181(1) of the Act on Foreigners - which is a permit issued due to extraordinary circumstances requiring a short-term stay,
is covered on the territory of the Republic of Poland by forms of international protection (refugee status, subsidiary protection, temporary protection) or national protection (asylum, permit for tolerated stay, humanitarian residence permit) or is applying for international protection or asylum,
is detained, placed in a guarded centre or in custody for foreigners or a preventive measure in the form of a prohibition to leave the country is applied to him or her,
is serving a custodial sentence or is in pre-trial detention, or
is staying on the territory of the Republic of Poland after he/she has been obliged to return and the period for voluntary return specified in the decision obliging the foreigner to return has not yet expired, also in the case of an extension of this period,
is obliged to leave the territory of the Republic of Poland in the cases referred to in Article 299(6) of the Act on Foreigners,
is outside the borders of the Republic of Poland.
The refusal to initiate proceedings is made in the form of a decision which can be appealed against.
===============================================================================================
The entire procedure for granting a temporary residence permit was constructed by the legislator with the assumption that a foreigner will have to appear in the voivodeship office only twice – the first time when submitting the application, and then in order to collect the personalised residence card after the permit has been granted. Any additional visits may only be due to the course of a specific procedure.
A letter containing information on the conducted proceedings, including its reference number, the planned date of completion as well as the right to familiarise oneself with the case files and supplement them, will be delivered to the foreigner during his/her visit to the office for the purpose of submitting the application or addressed following this visit via electronic means of communication (if the foreigner requests so) or by post to the address indicated in the application (or addressed to an attorney if such an attorney has been appointed) ePUAP (if the foreigner so requests) or by post to the foreigner’s address indicated in the application (or addressed to an attorney, if one has been appointed). This letter may contain a request for formal deficiencies in the application and/or a request to supplement the application with further necessary documents.
In the course of the proceedings, the administrative authority handling the case shall give the necessary instructions and guidance to the party. Therefore, unless the foreigner provides all the evidence necessary for the granting of his/her permit at the application stage, he/she will be requested by the authority in writing to provide it within a set period of no less than 14 days. If, after familiarisation, it turns out that the summons is not understandable, the foreigner should ask the authority to clarify it. The summons will be delivered to the foreigner against a receipt by the postal operator at the address he/she has indicated, or electronically via ePUAP if he/she requests this method of correspondence delivery (or delivered to his/her proxy, if appointed).
Detailed rules of service are regulated in Chapter 8 of Section I. Code of Administrative Procedure - Deliveries. Additional information about the deliveries can be found in the section: Administrative procedures.
===============================================================================================
Remember!
It is in the party’s interest to to cooperate closely with the authority on the application.
By changing the address for service notify authority of this fact.
When going abroad, appoint an attorney for service in Poland.
Additional information are available in the tab: Most common mistakes.
===============================================================================================
Lorem ipsum dolor sit amet consectetur adipisicing elit. Voluptatum sed necessitatibus in voluptas, laboriosam adipisci aliquam earum libero sapiente