The number of applicants for a residence card has increased significantly in recent years. Unfortunately, provincial offices are not prepared for this, which means that there are many errors resulting in refusal of a residence card. Foreigners coming to Poland do not immediately know Polish law and the requirements they must meet. Filing documents in copies is a common mistake. Unfortunately, the office does not take into account the copy, which leads to a refusal to issue a residence card.
The offices also do not contact foreigners directly, which means that they do not indicate exactly what documents they expect, while also paying attention to the smallest deficiencies, thanks to which they can issue a negative decision. Of course, acting through a professional representative allows you to avoid the above mistakes and get a residence card relatively efficiently and without problems. An attorney who is an advocate may, for example, certify that the documents submitted to the office are true to the original, owing to which the office will treat them as originals, and the foreigner may continue to use the document held. If you have a representative, he / she takes over the entire contact with the office, which avoids problems associated with changing your place of residence, because all correspondence is directed to the address of the representative. It is also possible to use legal instruments, such as a reminder and a complaint, thanks to which the party can press the office to issue a decision on a residence card if the proceedings last too long.
Considering the above-mentioned complications, it is relatively common for a foreigner to refuse a residence card, despite being convinced that all the conditions have been demonstrated by him. In such a situation it is necessary to submit an appeal. Please note that the submission of an appeal is subject to a 14-day deadline. An appeal lodged after the deadline will not be considered and the foreigner may fall into the illegality of staying in Poland. In an appeal against a refusal of a residence card, a party should indicate the deficiencies that the office has committed in handling its case. In almost every case, the offices that handle the case violate the rules that they should apply. However, recognizing these errors requires knowledge of the law. The Office is obliged to care for the party’s interests and ensure that it can participate in the proceedings.
If the decision refusing the residence card shows that the party has not submitted the necessary documents, these documents should be attached to the appeal. Timely submission of a well-prepared appeal, with missing documents, may cause the Governor to correct his decision and the party will receive a residence card within a month.
Otherwise, however, the Governor sends the case with an appeal to the Head of the Office for Foreigners. Recently, the average waiting time for consideration of an appeal against a refusal of a residence card has increased significantly. In this case, however, you can also press the Head of the Office for Foreigners, by means of reminders and complaints, which often results not only in issuing decisions faster, but also in awarding damages to the foreigner by the Court for protracted case.
The Law Firm helps in preparing an appeal against a refusal of a residence card. We can prepare an appeal for you, which you can submit yourself. He may also join the case after he refuses to issue a residence card and represent you until you obtain this card.