Temporary residence permit for the purpose of family reunification (minor child or stepchild of a foreigner)

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.

The legal representative of the minor or (if the minor is abroad) the authorized sponsor is entitled to appeal to the Head of the Office for Foreigners against the decision of the voivode regarding the 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who obtained a temporary residence permit on the territory of Poland after the decision of the first instance authority was revoked, is issued with a residence card.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 the decision concerns a minor staying outside the Republic of Poland a residence permit is issued at the request of the minor's legal representative/guardian. When submitting an application for a residence permit and collecting the card, the presence of a minor is required (if they are over 6 years of age – in the case of an application and 13 years of age – in the case of card collection).

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

Remember!

• Unless the permit is granted and the minor has no basis for further stay in Poland, they should leave the territory of the Republic 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 is served. 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).

• 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.