Residence card of a family member of EU citizen

Appeal

The authority of a higher degree in relation to the voivode in matters of issuing a residence card is the Head of the Office for Foreigners. The tasks of the Head of Office for Foreigners in the field of appeal proceedings in these cases are carried out by the Department of Legalization of Stay of the Office for Foreigners.

A foreigner is entitled to lodge an appeal with the Head of the Office for Foreigners against the decision of the voivode on the refusal to issue a residence card. The appeal is filed in writing, through the voivode who issued the contested decision, within 14 days from the date of its notification.

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

  • annul the contested decision of the voivode and decide on the legitimacy of issuing a residence card, explaining in the justification the reasons for the annulment of the decision,

  • state that the necessary conditions for issuing this card have not been met – then it will uphold the decision of the voivode and explain its position in detail,

  • state that the decision was issued in violation of the Regulations of the procedure, and the scope of the case necessary to clarify has a significant impact on its resolution and conduct an independent investigation to the extent necessary to settle the case or transfer the case file for reconsideration by the first-instance authority ordering certain activities of the supplementary procedure.

Go to the "Administrative procedures" ("Appeals") tab for a more detailed explanation of the appeal procedure.

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