Temporary residence permit for the purpose of family reunification (marriage recognized by the law of the Republic of Poland)

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 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.

If the decision was issued against a foreigner who intended to join a spouse residing in Poland, the appeal is brought by that spouse. They may also authorise another person to draw it up and bring it.

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obtained a temporary residence permit on the territory of Poland after the decision of the first instance authority was revoked, is issued with a residence card.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