You Have the Right to Appeal – Don’t Give Up!
Most negative administrative decisions issued in cases concerning foreigners are subject to appeal. You can (and often should!) appeal decisions regarding, among others:
- Refusal to grant a residence permit (temporary, permanent, or EU long-term resident).
- Refusal to issue a work permit.
- Refusal of recognition as a Polish citizen (decision issued by the Voivode).
- Refusal to register an invitation in the register of invitations.
- Refusal to issue a visa by the Consul (in this case, you file a request for reconsideration).
Important: Decisions by the President of the Republic of Poland refusing to grant citizenship are final and cannot be appealed.
To Whom and How to File an Appeal?
The procedure depends on the type of decision and the authority that issued it:
- Decisions by the Voivode e.g., regarding residence – an appeal is filed with the Head of the Office for Foreigners in Warsaw.
- Decisions by the Consul (e.g., visa refusal): You submit a request for reconsideration to the same Consul who issued the decision.
Crucial: The appeal (or request for reconsideration) is always submitted through the authority that issued the decision in the first instance. This means you physically deliver or send the appeal to the Voivodeship Office (for Voivode’s decisions) or the Consulate (for Consul’s decisions), and that office is obliged to forward it with the case files to the higher authority (or reconsider it in the case of a visa).
The Deadline for Appeal – Key to Success!
This is absolutely the most important element you must remember! You usually have only 14 days (7 days visa) from the date you received (collected) the decision to file an appeal against a Voivode’s decision or a request for reconsideration of a visa decision.
Missing this deadline results in the decision becoming final and you lose the right to appeal it through the standard appeal procedure! That’s why acting quickly after receiving a negative decision is so critical.
What Should an Appeal Contain?
Your appeal should be well-prepared and contain at least:
- Your details and your representative’s details (if appointed).
- Identification of the decision being appealed (number, date).
- Objections to the decision: Clearly state what you disagree with – did the authority incorrectly assess the facts, or misapply the law?
- Your request: What you expect from the appellate authority (e.g., overturn the decision and grant the permit, overturn and remand for reconsideration).
- Justification: Detailed explanation of your objections, supported by legal arguments and facts.
- Your signature.
- Possibly new evidence, if permitted at the appeal stage.
Legal Stay During the Appeal Procedure – Very Important!
If you received a negative decision from the Voivode regarding a residence permit (temporary, permanent, EU long-term resident), but you filed an appeal within the 14-day deadline, and your previous stay was legal, then your stay in Poland continues to be considered legal until the final decision is issued by the Head of the Office for Foreigners.This allows you to legally stay in Poland, but typically does not authorize travel within the Schengen Area.
What If the Appeal Is Rejected? Complaint to the Court
If the decision of the appellate body (e.g., the Head of the Office for Foreigners) is also negative for you, you usually still have the right to file a complaint with the Voivodeship Administrative Court (WSA). This is the next stage in fighting for your rights, where we can also represent you.
How Can Our Law Firm Help You in the Appeal Process?
Receiving a negative decision is a difficult moment. Our support includes:
- Quick analysis of the negative decision: We assess the legal and factual grounds for refusal and your real chances of a successful appeal.
- Preparation of a professional appeal: We formulate precise legal and factual objections and gather supporting arguments.
- Meeting deadlines: We ensure your appeal is filed within the crucial 14-day period.
- Representation before authorities: We handle correspondence on your behalf and monitor the progress of the appeal proceedings.
- Preparation of a complaint to the administrative court: If necessary, we professionally prepare and file a complaint with the WSA.
- Full support and advice at every stage of fighting for your rights in Poland.