Permanent residence permit

Appeal

The authority of a higher degree in relation to the voivode in matters of permanent residence permits 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 a permanentresidencepermit. The appeal is filed in writing, through the voivode whoissued 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 a permanent residence permit - then it will repeal the contested decision of the voivode and grant the permit, explaining in the justification the reasons for repealing 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 permanent residence permit on the territory of Poland, is issued a residence card. This document is issued ex officio by the voivode, who conductsproceedings in the first instance, for a period of 10 years. After this period, the card is subject to exchange, at the request of the foreigner.

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.