Waiting many months for a decision on a temporary residence permit (residence card) or work permit is unfortunately a common reality for foreigners and their employers in Poland. Prolonged procedures generate uncertainty, hinder planning, and can lead to legal complications. In such situations, the question arises: are there legal ways to speed up the proceedings? One tool provided by law is the “ponaglenie”. But is it an effective way to get a decision faster?

Long wait for decision – The bane of foreigners and employers

Delays in issuing residence and work decisions by Voivodeship offices are a known problem. Various factors contribute to this: a large number of applications, staff shortages in offices, the need to verify data, or waiting for opinions from other bodies (e.g., security services). The consequences of these delays are severe – foreigners remain uncertain about their status, employers cannot formally hire needed specialists, and sometimes the validity of existing residence documents expires, further complicating the situation.

What is a “ponaglenie” in administrative proceedings?

A “ponaglenie” is a formal legal remedy regulated in Art. 37 of the Code of Administrative Procedure (Kodeks postępowania administracyjnego – KPA). It allows a party to the proceedings (i.e., a foreigner applying for a residence card or an employer applying for a work permit) to file a complaint about the actions of a public administration body (in this case, usually the Voivode). A ponaglenie can be filed in two situations:

  1. Inaction (bezczynność) of the authority: When the authority has failed to settle the matter within the statutory deadline.
  2. Excessive length of proceedings (przewlekłość postępowania): When the proceedings are conducted longer than necessary to resolve the matter, in an unjustified and sluggish manner, even if the formal deadline has not yet passed.

The purpose of a ponaglenie is to draw the attention of the higher-level authority to the sluggishness of the authority handling the case and to compel action towards its conclusion.

When can a ponaglenie be filed? (Statutory deadlines)

You cannot file a ponaglenie just because you subjectively feel the case is taking too long. The conditions from Art. 37 KPA must be met:

  • Expiry of Deadline: You need to check the statutory deadline for handling the specific type of case. General deadlines in KPA are 1 month (ordinary cases) or 2 months (particularly complex cases). However, specific laws may set different deadlines. For example, the Act on Foreigners theoretically provides 60 days for issuing a temporary residence permit decision, and regulations regarding work permits indicate 1-2 months.
    • Important Note: In practice, Voivodeship offices often inform about extending these deadlines due to a large number of cases or the need for additional opinions. A ponaglenie based solely on the expiry of the basic deadline might be ineffective if the office properly notified about the extension and provided a new estimated deadline. However, if this new deadline has also passed, or the extension was unjustified, a ponaglenie is warranted.
  • Excessive Length: Even if the deadline has not formally expired (or has been extended), a ponaglenie can be filed if the proceedings are conducted in a clearly sluggish manner – e.g., the authority takes no action for a long time, multiplies unnecessary requests, etc. However, this requires demonstrating specific circumstances proving the excessive length.

How and where to file a ponaglenie? (Procedure)

  1. Form: A ponaglenie is submitted in writing.
  2. Content: The letter should include:
    • Applicant’s details (name/company name, address).
    • Identification of the authority whose inaction/delay is concerned (e.g., Masovian Voivode).
    • Identification of the higher-level authority to which the ponaglenie is addressed (see below).
    • Case number and/or details identifying the proceedings.
    • Justification: Explanation of why you believe the authority is inactive (e.g., deadline expired) or the proceedings are excessively lengthy (description of sluggish actions). It’s good practice to cite Art. 37 KPA.
    • What you request (obliging the authority to settle the matter, setting an additional deadline).
    • Signature.
  3. Addressee and Submission Method (VERY IMPORTANT):
    • The ponaglenie is addressed to the higher-level authority supervising the one handling the case:
      • For residence permit matters (Voivode’s decisions) – the higher authority is the Minister of Interior and Administration.
      • For work permit matters (Voivode’s decisions) – the higher authority is the Minister competent for Labour (currently the Minister of Family, Labour and Social Policy).
    • The ponaglenie is submitted VIA the authority conducting the proceedings. This means you submit the letter addressed to the Minister physically or by mail to the Voivodeship Office that is processing your application. This office is obliged to immediately (within 7 days) forward the ponaglenie along with its response and the case files to the relevant Minister.

What happens after filing a ponaglenie?

The higher-level authority (Minister) has 30 days to examine the ponaglenie.

  • If deemed justified: Issues a decision acknowledging the inaction/delay, orders an explanation of the causes and identification of responsible persons, and obliges the authority handling the case (Voivode) to settle it within a specified deadline.
  • If deemed unjustified: Issues a decision stating that no inaction/delay occurred.

Does a ponaglenie really speed things up? (Effectiveness)

This is the key question. Does filing a ponaglenie guarantee a quick resolution?

  • Potential Benefits:
    • It’s a formal legal step showing you are monitoring the case and are determined.
    • It can motivate officials to prioritize your case, especially if the delay is evident and unjustified.
    • A positive decision from the Minister setting a new deadline creates additional pressure on the Voivode.
    • It is a prerequisite for potentially filing a complaint to the administrative court.
  • Limitations:
    • No guarantee of an immediate decision. The new deadline set by the Minister might still be weeks or months away.
    • Effectiveness heavily depends on the specific Voivodeship office’s workload, the actual reasons for the delay (e.g., waiting for security checks, which the office has limited control over), and the handling by the specific office and the Ministry.
    • Filing an unjustified ponaglenie will not speed anything up.

Conclusion: A ponaglenie can be an effective tool, but it is not a miracle cure for all delays. It’s worth using as a formal step after deadlines have passed or in cases of obvious excessive length, but with realistic expectations.

Other means of acceleration? (Complaint to court)

If the ponaglenie proves ineffective (e.g., the Minister deems it unjustified, or the Voivode still fails to issue a decision within the new deadline), the next step could be filing a complaint about inaction or excessive length of proceedings to the Provincial Administrative Court (Wojewódzki Sąd Administracyjny – WSA). This is a more formal court procedure.

Scenario: ponaglenie regarding a work permit

An employer applied for a Type A work permit for a needed IT specialist from outside the EU. Four months have passed since submitting the complete application (the statutory deadline of 1-2 months has long expired), and the Voivodeship office has neither issued a decision nor informed about extending the proceedings.

  1. The employer prepares a “Ponaglenie” letter addressed to the Minister of Labour, citing Art. 37 KPA, case details, dates, and the lack of a decision despite the deadline passing.
  2. The employer submits the signed Ponaglenie to the Voivodeship Office handling the permit application.
  3. The Voivode forwards it to the Minister with their position.
  4. The Minister’s office reviews the case, finds the ponaglenie justified, and issues a decision setting a new 1-month deadline for the Voivode.
  5. The Voivodeship office, under pressure from the ministerial deadline, issues the work permit decision within the next 3 weeks.

Legal assistance in preparing and filing a ponaglenie

Although a ponaglenie can be written independently, a lawyer’s help can be useful to:

  • Assess whether grounds for filing a ponaglenie actually exist (have deadlines passed? can excessive length be demonstrated?).
  • Correctly formulate the letter, citing relevant regulations and precisely justifying the claims.
  • Ensure the ponaglenie is submitted through the correct procedure (to the right higher authority via the authority handling the case).
  • Advise on further steps if the ponaglenie is ineffective (e.g., preparing a complaint to the WSA).

A “ponaglenie” is a tool worth using in the fight against administrative sluggishness. While it doesn’t guarantee immediate success, it’s an important signal to the administration and a step in asserting your rights. Remember to use it correctly – only then can it potentially yield the desired effect.

(Please remember that the information contained in the article is general and based on the Code of Administrative Procedure. Office practices and the effectiveness of reminders may vary. This article does not constitute legal advice. Consult a lawyer regarding your specific case.)

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