Temporary residence permit for the purpose of family reunification (parent or guardian of an unaccompanied beneficiary minor)

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 family member (or if they are abroad – a curator) 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.

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.

(*) - the most typical case

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who obtained a temporary residence permit on the territory of Poland after the decision of the first instance authority was revoked, is issued with a residence card.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.

If, on behalf of a foreigner staying outside the Polish, the application for a temporary residence permit was submitted by a curator (in place of an unaccompanied minor), the residence permit is issued at the request of the foreigner for whom this permit was granted. The authority competent to issue a residence permit is the voivode who granted the foreigner a temporary residence permit / conducted proceedings in the first instance. When applying for a residence permit, its presence is required to submit fingerprints.

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

In the event of submitting another application for a temporary residence permit or an indefinite permit (i.e., for permanent residence or for an EU long-term resident) within this period, the application will not be processed. Regulations provide for a refusal to initiate proceedings in such a case. A refusal to initiate the proceedings takes the form of an order against which a complaint may be lodged.

Remember!

Unless the permit is granted and the foreigner is in Poland and has no basis for further stay, they should leave the territory of the Republic of Poland within 30 days from the date on which the decision to maintain the voivode's decision issued by the Head of the Office for Foreigners will be delivered. If they do not leave, a return decision may be issued (go to the tab: "Return decision and ban on re-entry" to learn more).