A refusal issued by the voivode is not the end of the case. A decision on a temporary residence permit, a permanent residence permit or an EU long-term resident permit may be appealed to the Head of the Office for Foreigners (Szef Urzędu do Spraw Cudzoziemców, UdSC). The deadline is short – 14 days – and missing it usually closes the way to changing the decision.
Abbreviations used below: k.p.a. – Polish Code of Administrative Procedure; p.p.s.a. – Act on Proceedings before Administrative Courts.
1. Establish the date the decision was served
The time limit for an appeal is 14 days from service of the decision (Art. 129 § 2 k.p.a.). If the letter was not collected, after two postal notices the decision is deemed served when 14 days have passed from the first notice (Art. 44 k.p.a.). If the foreigner has an attorney, the decision is served on the attorney (Art. 40 § 2 k.p.a.) and the deadline runs from that date.
The deadline is met if, before it expires, the appeal is posted at a branch of the designated operator (Poczta Polska) or filed electronically (Art. 57 § 5 k.p.a.).
2. File the appeal through the voivode
The appeal is addressed to the Head of the Office for Foreigners but filed through the voivode who issued the decision (Art. 127 § 1 and Art. 129 § 1 k.p.a.). The voivode forwards the case file to the second-instance authority.
An appeal does not require detailed reasoning – it is enough that the letter shows the party disagrees with the decision (Art. 128 k.p.a.). In practice, however, the reasoning decides the outcome, so it is worth preparing carefully.
No fee is charged for an appeal. If an attorney acts, the power of attorney and proof of payment of the PLN 17 stamp duty must be attached.
3. Analyse the reasons for refusal
The most common reasons for refusal are:
- failure to document the purpose of stay (e.g. an expired employment contract, no further employment, discontinued studies),
- failure to prove the required income, health insurance or place of residence,
- failure to remedy deficiencies or to appear when summoned,
- an entry in the list of foreigners whose stay is undesirable, or a negative opinion of the security services,
- a finding that the circumstances stated in the application do not reflect the real purpose of stay.
Each of these grounds requires a different response. If the refusal results from missing documents, it is essential to supplement them at the appeal stage.
4. Formulate your objections and submit new evidence
The appeal should indicate which provisions the authority breached – for example the duty to collect and examine all evidence (Art. 7 and Art. 77 § 1 k.p.a.), the duty to state reasons for the decision (Art. 107 § 3 k.p.a.) or an incorrect interpretation of the Act on Foreigners.
New documents may be attached to the appeal, e.g. a current employment contract, an income certificate, an insurance policy or a lease agreement. The appellate authority re-examines the merits of the case and may conduct supplementary proceedings (Art. 136 k.p.a.).
5. Keep in mind the legality of your stay during the appeal
If the application was filed during a legal stay and had no formal defects, or the defects were remedied on time, the foreigner’s stay is considered legal until the day on which the decision on the permit becomes final (Art. 108(1) of the Act on Foreigners). This means that a timely appeal, as a rule, extends the legal stay until the Head of the Office for Foreigners decides.
The right to work during this period depends on the basis of employment and requires a separate assessment.
6. What the Head of the Office for Foreigners can do
The appellate authority may: uphold the decision, set it aside and decide on the merits (e.g. grant the permit), set it aside and refer the case back to the voivode for re-examination, or discontinue the proceedings (Art. 138 k.p.a.). If the proceedings are delayed, the party may file a reminder (ponaglenie, Art. 37 k.p.a.) and then a complaint about inaction or excessive length of proceedings to the administrative court (Art. 3 § 2(8) and Art. 53 § 2b p.p.s.a.).
7. If the refusal is upheld – complaint to the administrative court
A decision of the Head of the Office for Foreigners may be challenged by a complaint to the Voivodeship Administrative Court in Warsaw, filed within 30 days of service of the decision through the Head of the Office for Foreigners (Art. 53 § 1 and Art. 54 § 1 p.p.s.a.). A fixed court fee applies in cases concerning foreigners (PLN 300). A person whose financial situation does not allow it may apply for legal aid (Art. 243 et seq. p.p.s.a.).
Important: filing a complaint with the administrative court does not extend the legal stay under Art. 108. The decision of the Head of the Office for Foreigners is final, and a foreigner refused a permit is, as a rule, obliged to leave Poland within 30 days of the day the decision became final (Art. 299(6)(1)(a) of the Act on Foreigners), unless they stay in Poland on another basis.
8. Missed the deadline? Request reinstatement
If the deadline was missed through no fault of the party (e.g. due to illness or hospitalisation), a request to reinstate the deadline may be filed within 7 days from the moment the cause ceased, together with the appeal itself (Art. 58 k.p.a.). The lack of fault must be substantiated.
Frequently asked questions
Can I file the appeal myself? Yes. The appeal is written in Polish; documents in foreign languages must be translated into Polish.
Can I leave Poland during the appeal? The stamp in the passport and the MOS certificate confirm that the application was filed, but they do not entitle you to cross the border. Travel requires checking whether you hold another document allowing you to return.
How long do appeal proceedings take? It depends on the workload of the Office for Foreigners; in case of delay a reminder (ponaglenie) may be filed.
Can I file a new application instead of appealing? This is possible in some situations, but requires an individual analysis of the legality of stay and of the risk that the application will be left unexamined.
This article is for general information purposes only and reflects the law as at the date of publication. It does not constitute legal advice or a legal opinion on any individual case. If you have received a refusal, contact us as soon as possible – every day of the 14-day deadline counts.