Long-term EU resident's permit

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Appeal

The authority of a higher degree in relation to the voivode in matters of residence permits for a long-term EU resident is the Head of the Office for Foreigners. The tasks of the Head of udSC 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 regarding the residence permit of a long-term EU resident. 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:

  • recognize the legitimacy of granting the permit - then it will repeal the contested decision of the voivode and grant the permit, explaining in the justification the reasons for the repeal of the decision,

  • state that the necessary conditions for granting the permit 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 rules of procedure, and the scope of the case necessary to clarify has a significant impact on its resolution and will annulate the contested decision and refer the case to the voivode for reconsideration.

A foreigner who, after repealing the decision of the first-instance authority, obtained a residence permit for a long-term EUresident, is issued with a residence card. This document is issued ex officio by the voivode, who conductsproceedings in the first instance, for a period of 5 years. After this period, the card is subject to exchange, at the request of the foreigner.

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.

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.

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

Remember!

  • If the permit is not granted to you and you have no basis for further stay in Poland, you should leave the territory of Poland within 30 days from the date on which the decision to uphold the voivode's decision issued by the Head of the Office for Foreigners will be delivered to you. If you do not leave, you may be issued a decision obliging you to return (go to: “Obligation to return and non-re-entry” for more information).

  • 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.

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