Exceptional circumstances requiring a short-term stay (e.g., appearance in court, hospitalisation, etc.)

Proceedings in the case

In the procedure for granting a temporary residence permit due to circumstances requiring a short-term stay, only a foreigner is a party. It is they who fills out the application in the MOS, then prints it, signs it, and submits it in person along with the necessary documents. In these activities, the foreigner may not be replaced by a representative.

The authority competent to consider the application is the voivode competent for the place of stay of the foreigner – this voivode accepts the application from the foreigner, initiates (or refuses to initiate) and conducts proceedings to grant them a temporary residence permit. The body of a higher degree 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 upon request expressed in the application.

Apart from the case of failure to submit fingerprints, the voivode refuses to initiate proceedings if, on the day of submitting the application for this permit, at least one of the following circumstances listed in Article 99(1)(1), (4), (5), (9-10) of the Act on Foreigners occurs:

• the foreigner has an indefinite permit on the territory of the Republic of Poland (permanent residence permit / long-term EU resident's residence permit),

• stays on the territory of the Republic of Poland on the basis of a permit for tolerated stay or a permit to stay for humanitarian reasons or in connection with granting them asylum, subsidiary protection or temporary protection or granting them refugee status in the Republic of Poland,

• an applicant for international protection or asylum,

• 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,

• resides outside the Republic of Poland.

Refusal to initiate proceedings takes the form of a decision against which the appeal is lodged.

The entire procedure for granting a temporary residence permit was constructed by the legislator with the assumption that a foreigner will have to appear at the voivodeship office only twice – for the first time when submitting the application, and then in order to collect a personalized residence permit after the permit has been granted. Any additional visits may result only from the course of a specific procedure.

A letter containing information about the proceedings, including its signature, the planned date of completion and the right to read the case file and supplement it, will be delivered to the foreigner during their visit to the office for submitting the application or sent as a result of this visit by post to the address of the foreigner indicated in the application. This letter may contain a request to supplement the formal deficiencies of 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 provide the party with the necessary instructions and guidance. Therefore, unless the foreigner provides all the evidence necessary to grant them the permit at the application stage, they will be requested by the authority in writing to provide it within the prescribed period, usually between 7 and 14 days. In the event that, after acquaintance, 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 with a receipt by the postal operator at the address indicated by them or by ePUAP (or delivered to their representative, if established). Detailed rules for service are regulated by Chapter 8 of the Code of Civil Procedure – Service.

Remember!

• It is in the interest of the party to cooperate closely with the authority on the application.

• When changing the address for service, notify the authority of this fact.

• When going abroad, appoint a representative for service in the country.

More information in the tab: Most common mistakes.