Applying for a residence permit, the popular “karta pobytu,” is a crucial step towards stability for many foreigners in Poland. Unfortunately, the process doesn’t always end with a positive decision. A refusal to issue a residence permit is stressful and often complicates life. The good news is that many negative decisions can be prevented by avoiding the most common mistakes. In this article, we discuss the main reasons for refusal and advise on how to increase your chances of success.
Introduction: residence permit refusal – How to minimize the risk?
Receiving a negative decision regarding a residence permit is not only disappointing but often entails additional costs, loss of time, and uncertainty about future legal stay. That’s why careful preparation of the application and awareness of potential pitfalls are so important. It’s better to prevent than to appeal a decision later.
Formal errors – Seemingly minor yet costly stumbles
This is one of the most frequent categories of refusal reasons. The office must first verify if the application meets all formal requirements.
Incomplete Application or Missing Documents
- Application Deficiencies: Leaving fields blank, not signing the application, providing incomplete data.
- Missing Attachments: Failing to include all required documents according to the purpose of stay (e.g., no employment contract, university certificate, marriage certificate).
- Failure to Respond to Official Requests (Wezwanie): The office requests supplementation of formal shortcomings within a specified period (usually 7 days or more). Ignoring the request or submitting documents after the deadline results in the application being left without consideration or refusal. Example: Mr. Igor failed to submit a tax clearance certificate requested by the office on time – his application was rejected.
Incorrect Document Format (Translations, Legalization)
- Outdated Documents: E.g., submitting a vital records extract older than 6 months (if currency is required).
- Lack of Sworn Translations: Documents in a foreign language must be translated into Polish by a sworn translator. Regular translations are insufficient.
- Lack of Legalization or Apostille: Official documents from some countries (especially outside the EU and EFTA) must be additionally authenticated (by legalization at a Polish consulate or via apostille) to be valid in Poland.
Procedural Issues (Fee, Fingerprints)
- No Application Fee Payment: Failing to attach proof of payment for submitting the application.
- Failure to Appear for Fingerprinting: This is a mandatory part of the procedure.
Failure to meet substantive requirements – The core of the matter
Even if the application is formally correct, it may be rejected if you don’t meet the basic conditions required by law.
Insufficient Financial Means or Lack of Insurance
- Lack of Proof of Stable Income: Failure to document sufficient funds to cover living costs for yourself and any family members in Poland, plus return travel costs. The required amounts are specified by law.
- Lack of Adequate Health Insurance: Possession of insurance covering medical treatment costs in Poland is necessary (public ZUS insurance or private insurance meeting specific legal criteria, e.g., adequate coverage amount). Example: Ms. Svetlana submitted a travel insurance policy that didn’t cover all risks required by law, which became grounds for refusal.
Issues with Accommodation or Purpose of Stay
- Lack of Secured Accommodation: Failure to present a document confirming possession of premises in Poland (e.g., rental agreement, ownership deed, loan agreement).
- Unreliable Purpose of Stay: The office may deem the declared purpose of stay fictitious (e.g., suspicion of a sham marriage, “employment” with a friend without actual work being performed, a company not conducting real business activity).
Legal Status at the Time of Application
- Submitting the application while staying illegally in Poland is grounds for refusal to initiate proceedings or refusal to issue the permit.
Security and public order concerns
Your history and presence in Poland must not raise objections from services responsible for security.
Entries in Systems (SIS, Undesirable Foreigners List)
- Being listed in the Schengen Information System (SIS) with an entry for refusal of entry.
- Being listed in the Polish register of foreigners whose stay in the territory of the Republic of Poland is undesirable.
Negative Opinions from Security Services or False Information
- A negative opinion from the commander of the Border Guard, Police, or Head of the Internal Security Agency indicating that the foreigner’s stay may pose a threat to national defense, state security, or public safety and order.
- Submitting an application containing false personal data or false information, or testifying untruthfully or concealing the truth, or using a false or counterfeit document. This is a very serious violation.
How to avoid refusal? Key prevention principles
Careful Preparation and Completeness
- Thoroughly read the information on the Voivodeship Office website and use official checklists of required documents.
- Fill out the application form legibly, completely, and truthfully.
- Gather all required documents well in advance.
Attention to Form and Deadlines
- Ensure documents are current, properly translated by a sworn translator, and legalized/apostilled if necessary.
- Strictly adhere to deadlines set by the office, especially for supplementing missing documents. Always keep confirmation of document submission.
- Apply while still legally staying in Poland.
Truthfulness and Credibility
- The declared purpose of stay must be genuine and supported by credible evidence.
- Provide truthful information and do not use forged documents.
Consultation with an Expert
- If your situation is complex or you have doubts about the requirements, consider seeking help from an experienced lawyer or immigration advisor before submitting the application.
What If the decision is negative? The right to appeal
Remember that you have the right to appeal a negative decision by the Voivode to the Head of the Office for Foreigners in Warsaw, via the Voivode who issued the decision. You have 14 days from the date the decision was delivered to file the appeal.
Summary: your diligence is the key to success
Although the process of applying for a residence permit can be complicated, careful preparation of the application and avoiding common mistakes significantly increase the chances of a positive outcome. The key is completeness, attention to form, timeliness, and credibility.
Afraid of making a mistake? Want an expert to review your application before submission? Or perhaps you’ve already received a negative decision and need help preparing an appeal? Contact our law firm. We offer professional support at every stage of the residence permit process.
