Temporary residence and work permit

Appeal

The Head of the Office for Foreigners is the higher level authority in relation to the voivode in matters of temporary residence permits. The tasks of the Head of the Office for Foreigners related to appeal proceedings in the matters are carried out by the Legalization of Stay Department of the Office for Foreigners.

A foreigner is entitled to appeal to the Head of the Office for Foreigners against the voivode's decision on a temporary residence permit. The appeal shall be submitted in writing through the voivode who issued the questioned decision within 14 days from the date of its delivery.

The most typical case:

In appeal proceedings, the Head of the Office for Foreigners may:

• recognize the legitimacy of granting a temporary residence permit - then they will revoke the appealed decision of the voivode and grant the permit, explaining in the justification the reasons for the revocation of the decision,

• state that the necessary conditions for granting the permit have not been met - then they will uphold the voivode's decision and explain the position in detail,

• state that the decision was issued in violation of the provisions of the procedure, and the scope of the case necessary for clarification has a significant impact on its resolution - then they will revoke the voivode's decision and refer the case to them for re-processing.

Permission granted:

A foreigner who obtained a temporary residence permit on the territory of Poland after the decision of the first instance authority was revoked, is issued with a residence card. This document is issued ex officio by the voivode who conducted the proceedings in the first instance.

Go to: "Administrative Procedures" ("Appeals”) and the "Most Common Mistakes” for a more detailed explanation of the appeal procedure.

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Remember!

• If the permit will not be granted to you and you do not have a basis for further stay in Poland, and you do not submit a timely appeal against the voivode's decision, you should leave the territory of Poland within 30 days of the date on which the voivode's decision became final. If you do not leave, a decision obliging you to leave our country may be issued against you (go to "Obligation to leave Poland and re-entry ban" for more information).

• If a subsequent application for a temporary residence permit or a permit of indefinite duration (i.e., for a permanent residence or for a long-term EU resident) is submitted within this deadline, this application will not be considered. This is because the legislation provides for a refusal to initiate proceedings in such a case. The refusal to initiate proceedings takes the form of a decision, which can be appealed against.

• If the permit is not granted to you and the decision has become final, you may apply for reimbursement of your stamp duty. Detailed information on the procedure can be found here.

• Watch the instructional video to find out more.

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