Receiving a refusal regarding a temporary residence, permanent residence, or EU long-term residence permit causes immense stress. For many foreign nationals, it carries the prospect of having to leave Poland and disrupt their current life. However, it is important to know that a negative decision from the Voivode is not the end of the line. The Polish legal system provides for two-instance administrative proceedings, which grants you the right to file an appeal.
How can you effectively appeal the Voivode’s decision and protect your legal stay and work in Poland?
What is the deadline for filing an appeal?
Time is a critical factor in appeal cases. You have 14 calendar days to submit an appeal against the Voivode’s decision.
This deadline is calculated starting from the day following the date the decision was delivered (in person, by post, or via the ePUAP portal). If the last day of the deadline falls on a Saturday, Sunday, or a public holiday, the deadline expires on the next working day.
Important: Exceeding the 14-day limit causes the decision to become final. In exceptional circumstances (e.g., sudden hospitalization), you can apply for a restoration of the deadline, though this requires presenting solid evidence.
What should an effective appeal against a negative decision contain?
The appeal is addressed to the second-instance authority – the Head of the Office for Foreigners (UdSC) – but must be submitted through the Voivode who issued the refusal. The document can be submitted in person at the customer service department of the Voivodeship Office or sent via Poczta Polska (the postal mark date is decisive).
Sending a generic appeal without substantive justification and evidence rarely yields results. The key is to demonstrate specific procedural errors or to supplement substantive deficiencies.
Can you legally stay and work in Poland during the appeal procedure?
Filing an appeal within the statutory 14-day deadline triggers the so-called suspensive (devolutive) effect. In practice, this means that:
- Your stay in Poland remains legal: Until a final decision is issued by the Head of the Office for Foreigners, your stay within the territory of the Republic of Poland is fully legal.
- Right to work: If you applied for a residence and work permit on time without formal defects and held the right to work, that right continues throughout the appeal proceedings.
However, keep in mind that a stamp in your passport or a certificate confirming the submission of an appeal does not entitle you to travel across the Schengen area – it legalizes stay strictly within the territory of Poland.
Practical Case Study
Problem:
Mr. Aarav, a full-time student from India, was refused a temporary residence permit for the purpose of studies (Article 144 of the Act on Foreigners). The Voivode ruled that the bank balance he provided was insufficient to cover his living expenses and return travel costs because the funds were held in a foreign currency account at an overseas bank.
Action taken by the firm:
- We prepared and submitted an appeal to the Head of the Office for Foreigners, citing an incorrect interpretation of the regulations regarding proof of financial resources.
- The client immediately opened an account at a Polish bank and transferred the funds, after which we attached a personalized account balance certificate along with the official NBP exchange rate from the day of submission.
- We submitted an updated certificate from the university confirming the completion of the previous semester and continuous enrolment, proving that the purpose of stay was genuine.
Outcome:
After reviewing the gathered evidence, the Head of the Office for Foreigners overturned the Voivode’s decision in full and issued a revised decision – granting Mr. Aarav a residence card for the duration of the academic year. The student was able to continue his education in Poland without interruption.
Need help appealing a decision?
Appeal cases require an excellent command of administrative law and up-to-date administrative practices. A single procedural error can lead to your appeal being left unconsidered, forcing you to leave Poland.
If you have received a negative decision, do not delay – time to act is limited. Contact me to review your decision and draft an effective appeal.