Waiting for many months for a decision on a residence permit (residence card) or a work permit is a problem faced by many foreign nationals and their employers in Poland. Prolonged proceedings create uncertainty, make workforce planning more difficult and, in some cases, lead to serious legal and organisational complications.
In such situations, a question naturally arises: are there any lawful ways to speed up the issuance of a decision? One of the legal remedies provided for in the Code of Administrative Procedure is a formal request to expedite proceedings (ponaglenie).
However, this remedy is not available in every type of case. Importantly, in proceedings concerning the issuance of work permits for foreign nationals, the legislature has excluded the possibility of submitting a ponaglenie. In such cases, the appropriate legal remedy may instead be a complaint to the Provincial Administrative Court against the authority’s inactivity or excessive delay in conducting the proceedings.
The situation is different in residence permit proceedings, where the applicable regulations generally allow a ponaglenie to be submitted, subject to limitations resulting from special provisions currently in force.
Excessively long administrative procedures – a challenge for companies and foreign nationals
Delays in processing applications for residence permits and work permits are among the major problems associated with legalising the residence and employment of foreign nationals in Poland.
They may result from a high number of applications, insufficient staffing at provincial offices, the need to conduct additional explanatory proceedings or waiting for information from other authorities.
For foreign nationals, prolonged proceedings mean uncertainty regarding their continued legal stay and ability to work. For employers, they may result in delays in commencing cooperation with a new employee, difficulties in fulfilling contracts or the need to reorganise staffing.
However, not every lengthy proceeding constitutes inactivity or excessive delay within the meaning of the law. In order to determine whether an authority has exceeded the applicable deadlines, it is necessary to consider the type of case, the course of the proceedings, the actions taken by the authority and any special regulations that may apply.
What is a ponaglenie in administrative proceedings?
A ponaglenie is a legal remedy provided for in Article 37 of the Code of Administrative Procedure (Kodeks postępowania administracyjnego – k.p.a.), intended to counteract inactivity and excessive delay in proceedings conducted by public administration authorities.
Under this provision, a ponaglenie may concern two situations:
- Inactivity of the authority – where the case has not been resolved within the time limit specified by law or within the time limit indicated by the authority pursuant to Article 36 § 1 of the Code of Administrative Procedure.
- Excessive delay in conducting the proceedings – where the proceedings take longer than is necessary to resolve the case.
The purpose of a ponaglenie is to subject the manner in which the proceedings are being conducted to review by the competent authority and to bring about actions aimed at completing the proceedings.
It should be remembered, however, that special provisions may exclude the possibility of using this remedy. This is the case, among others, in proceedings concerning the issuance of work permits for foreign nationals.
Can a ponaglenie be submitted in a work permit case?
No. In proceedings concerning the issuance of work permits listed in Article 7(4) of the Act of 20 March 2025 on the Conditions for Entrusting Work to Foreign Nationals in the Territory of the Republic of Poland, Article 37 of the Code of Administrative Procedure does not apply.
The exclusion applies to work permits referred to in Articles 26, 35, 40 and 45 of that Act. It therefore covers, among others, permits for a foreign national to work for a Polish entity entrusting work, as well as seasonal work permits.
This means that an employer waiting for a work permit to be issued cannot effectively use the ponaglenie procedure provided for in Article 37 of the Code of Administrative Procedure.
Importantly, a similar solution also applied under the previous regulations governing the employment of foreign nationals.
This does not, however, mean that the employer has no available legal remedies.
In the event of an unjustified delay in issuing a work permit, it is possible to lodge a complaint against inactivity or excessive delay in the proceedings with the competent Provincial Administrative Court.
In such cases, submitting a ponaglenie beforehand is not required.
How much time does the authority have to issue a decision?
The time limit for processing an application depends on the type of proceedings and the applicable special provisions.
Work permit
In work permit cases for which no different deadlines have been provided, the general rules resulting from Article 35 of the Code of Administrative Procedure apply.
Under these rules, a case requiring explanatory proceedings should be resolved no later than within one month, while a particularly complex case should be resolved no later than within two months from the commencement of the proceedings.
This does not mean, however, that exceeding these periods automatically constitutes inactivity on the part of the authority in every case. When calculating the applicable deadlines, periods which, pursuant to the law, are not included in the time limit for resolving the case must also be taken into account.
Certain categories of work permits, including seasonal work permits, are subject to separate regulations concerning the course of the proceedings and the time limits for actions to be taken by the competent authority.
If the time limit for resolving the case has been exceeded and the circumstances indicate inactivity on the part of the authority, the employer may consider referring the matter directly to the administrative court.
Temporary residence permit
In the case of temporary residence permits, Article 112a of the Act on Foreigners generally provides for a 60-day time limit for issuing a decision.
However, this period does not necessarily begin on the date the application is submitted or sent. The commencement of the time limit depends on the fulfilment of the conditions specified in the Act, including those relating to the completeness of the application and submission of the required documents.
In practice, when determining the time limit for resolving a case, it is always necessary to verify the special provisions currently in force.
The legislature may introduce measures which temporarily modify or suspend the running of time limits in certain administrative proceedings. Such regulations may also affect the possibility and effectiveness of using legal remedies relating to inactivity or excessive delay in proceedings.
Therefore, an assessment of whether there are grounds for submitting a ponaglenie or lodging a complaint with the administrative court in a particular case should always take into account the legal provisions applicable at the relevant time.
Ponaglenie in residence permit proceedings – when can it be used?
In proceedings concerning residence permits, the provisions of the Code of Administrative Procedure generally provide for the possibility of submitting a ponaglenie if the authority remains inactive or conducts the proceedings with excessive delay.
However, the mere fact that a person has been waiting a long time for a decision should not be automatically equated with having the right to submit an effective ponaglenie.
The key issue is to determine whether the time limit for resolving the case has actually begun to run, whether it has expired and whether any special regulations apply to the particular proceedings.
Before submitting a ponaglenie, it is therefore advisable to analyse:
- the date on which the proceedings were commenced and the moment when the time limit for issuing the decision began to run;
- whether the application and supporting documentation were complete;
- the actions taken so far by the authority conducting the proceedings;
- any requests for additional documents or information addressed to the party and any periods excluded from the time limit for resolving the case;
- the special provisions currently in force which may affect the running of deadlines and the availability of legal remedies.
Only on the basis of such an analysis can it be determined whether there are grounds for effectively submitting a ponaglenie.
Submitting a ponaglenie – formal requirements and competent authority
If there are grounds for submitting a ponaglenie in a particular administrative case and special provisions do not exclude this legal remedy, the rules set out in Article 37 of the Code of Administrative Procedure must be followed.
A ponaglenie should identify the party to the proceedings, contain information enabling the case to be identified, indicate the authority conducting the proceedings and include reasons supporting the allegation of inactivity or excessive delay.
The justification should describe the course of the proceedings to date, indicate the dates of relevant actions and explain why the manner in which the authority has handled the case justifies submitting a ponaglenie.
A ponaglenie is submitted to the higher-level authority through the authority conducting the proceedings, unless there is no higher-level authority.
In residence permit cases conducted by a Voivode, the higher-level authority is, as a rule, the Head of the Office for Foreigners.
This means that a ponaglenie addressed to the Head of the Office for Foreigners is submitted through the competent Voivode.
At this stage, it is also necessary to verify whether special provisions introduce any additional restrictions applicable to the particular type of proceedings.
What happens after a ponaglenie is submitted?
Under the ordinary procedure resulting from Article 37 of the Code of Administrative Procedure, the authority conducting the proceedings forwards the ponaglenie to the higher-level authority without undue delay, and no later than within 7 days of receiving it, together with the necessary copies of the case files and its own position on the matter.
The authority competent to consider the ponaglenie then has 7 days from the date of its receipt to examine it.
If it finds that inactivity or excessive delay has occurred, it issues an appropriate ruling. It may order the authority conducting the unfinished proceedings to resolve the case within a specified period and may also order an investigation into the reasons for the delay.
Submitting a ponaglenie does not, however, automatically require the authority to issue a positive decision, nor does it guarantee the immediate completion of the proceedings.
A ponaglenie may also be left without consideration if it was submitted before the applicable time limit for resolving the case had expired.
Complaint to the administrative court – the appropriate remedy in work permit cases
If the Voivode fails to process a work permit application within the required time limit or conducts the proceedings with excessive delay, the employer may seek protection before the administrative courts.
The legal basis for submitting such a complaint is provided by the Act – Law on Proceedings before Administrative Courts (Prawo o postępowaniu przed sądami administracyjnymi – p.p.s.a.), in particular Article 3 § 2 point 8.
A complaint against inactivity or excessive delay in conducting proceedings is submitted to the competent Provincial Administrative Court through the authority whose action or failure to act is the subject of the complaint.
In work permit cases covered by the exclusion under Article 7(4) of the Act of 20 March 2025, there is no requirement to submit a ponaglenie beforehand.
This follows from the fact that the legislature has expressly excluded the possibility of using this legal remedy in such proceedings.
What can the administrative court do?
If a complaint against inactivity or excessive delay is upheld, the administrative court may order the authority to resolve the case within a specified time limit.
The court also determines whether the authority was inactive or conducted the proceedings with excessive delay and whether the violation of law was of a serious nature.
In cases provided for by law, the court may additionally impose a fine on the authority or award the complainant a specified sum of money.
It should be remembered, however, that the administrative court generally does not replace the Voivode in deciding the merits of the application. Therefore, a successful complaint does not automatically result in obtaining a work permit.
Complaint against inactivity step by step – example of work permit proceedings
An employer submitted an application to the Voivode for a work permit for an IT specialist from a country outside the European Union.
Despite the passage of several months, the authority had not issued a decision. An analysis of the documentation showed that the time limit for resolving the case had been exceeded and that the circumstances of the proceedings could justify an allegation of inactivity.
What steps can the employer take?
Step 1. Analysis of the proceedings
The employer determines the date on which the proceedings were commenced, reviews the documentation and correspondence with the authority and checks whether there were any periods which should not be included in the time limit for resolving the case.
Step 2. Preparing the complaint
If there are grounds for finding that the authority has been inactive, the employer prepares a complaint to the competent Provincial Administrative Court, identifying the provisions that have been violated, describing the course of the proceedings and setting out the appropriate requests.
Step 3. Submitting the complaint through the Voivode
The complaint is addressed to the court through the authority conducting the proceedings. The employer is not required to submit a ponaglenie beforehand.
Step 4. Forwarding the complaint to the court
The Voivode forwards the complaint, together with the case files and the authority’s response to the complaint, to the competent administrative court in accordance with the rules set out in the Law on Proceedings before Administrative Courts. The authority may also take steps aimed at resolving the underlying case.
Step 5. Examination of the case by the court
If the court finds the complaint justified, it may declare that the authority has been inactive and order it to resolve the case within a specified period.
This is only an example of how such proceedings may develop. Each case requires an individual assessment, and submitting a complaint does not guarantee that it will be upheld or that a work permit will be issued.
Do a ponaglenie or a complaint to the court actually speed up the decision?
The effectiveness of the measures taken depends primarily on the type of proceedings, the applicable legal basis and the actual reasons for the delay.
In work permit cases, a complaint to the Provincial Administrative Court may be an effective instrument for protecting the applicant against inactivity on the part of the authority. It allows the manner in which the proceedings are being conducted to be reviewed by a court and – if the complaint is upheld – may result in a judgment requiring the authority to take action.
However, submitting a complaint does not automatically mean that a decision will be issued more quickly. Proceedings before an administrative court also take time, and the court assesses the specific factual and legal circumstances of each case.
In residence permit cases, the possibility of submitting a ponaglenie or a complaint against inactivity depends on the regulations currently in force and the individual circumstances of the proceedings.
It is important to remember that regulations concerning the legalisation of the residence and employment of foreign nationals are subject to change. In particular, special provisions may periodically affect the running of administrative deadlines and the availability of particular legal remedies.
Therefore, before taking any action, the current legal situation should always be verified in order to determine which solution is legally available and justified in the circumstances of the particular case.
Legal support in prolonged residence and work permit proceedings
A prolonged wait for a residence permit or work permit can cause significant difficulties for both the foreign national and the company employing them.
Choosing the appropriate legal remedy, however, requires knowledge of the regulations governing the particular proceedings. Incorrectly using a ponaglenie or submitting a court complaint without first assessing whether the legal requirements have been met may fail to produce the expected result.
The lawyers at Migrant & Griffin provide assistance in matters concerning the legalisation of the residence and employment of foreign nationals, including the analysis of prolonged administrative proceedings.
Legal assistance may include assessing whether taking legal action is justified, analysing documentation and applicable deadlines, preparing appropriate submissions and representing the party in proceedings before administrative authorities and administrative courts.
If you have been waiting for many months for a residence permit decision or a work permit for your employee, it may be worth checking whether there are legal grounds for taking action aimed at bringing the proceedings to an end.
Contact Migrant & Griffin to obtain assistance in assessing your case and selecting the appropriate legal solution.
Legal basis
- Act of 14 June 1960 – Code of Administrative Procedure, in particular Articles 35–37.
- Act of 20 March 2025 on the Conditions for Entrusting Work to Foreign Nationals in the Territory of the Republic of Poland, in particular Article 7(4).
- Act of 12 December 2013 on Foreigners, in particular Article 112a.
- Act of 30 August 2002 – Law on Proceedings before Administrative Courts, in particular Article 3 § 2 point 8, Articles 52–54 and Article 149.
This article is for informational purposes only and does not constitute individual legal advice. Due to the possibility of changes in the law, including the periodic introduction of special regulations, the current legal framework and the circumstances of the specific proceedings should be verified before any action is taken.
