Last updated: 09.03.2026
Request for a Residence Card – What to Do If Your Application Is Refused
The first reaction to a negative decision on a residence permit in Poland is usually straightforward: stress, a sense of threat, and the thought “I have to leave Poland immediately”. And here is the good news: in most cases this is not true.
In most situations such a decision is not the end of the story. The Polish system provides for a two-instance administrative procedure under Polish immigration law, which means that a negative decision of the voivode is only the first stage, not the end of the game.
Below we summarise in one place what actually happens after receiving a refusal or revocation notice , and what options are available within immigration appeals to the foreign national and their employer.
Two-instance administrative procedure
Poland follows the principle of a two-instance administrative procedure. In practice this means:
- First instance – the voivode (who issues decisions on temporary residence permit / permanent residence permits, etc. through the competent immigration office).).
- Second instance – the Head of the Office for Foreigners (appeal authority).
If the foreign national files an appeal within the deadline, the authority of the second instance examines the case from the beginning (full review). It is not merely a check whether the voivode made a procedural mistake, but a full reassessment of the foreigner’s situation and the legality of the decision.
In the appeal proceedings it is possible to:
- attach additional documents including new documents or previously missing documents,(for example new employment contracts, certificates, bank statements, family information, etc.),
- submit new explanations to explain discrepancies or clarify issues,
- and, in certain situations, change the purpose of stay (for example from stay for work purposes to stay for business activity, studies, etc., if this is justified by the factual circumstances).
Therefore, receiving a negative decision does not automatically mean the end of legal stay in Poland.
Filing the appeal in time – the key to legal status
The voivode’s decision always contains information on the deadline and the authority to which an appeal may be filed. As a rule, this is 14 days from the date of service of the decision, and the appeal is filed via the voivode to the authority of the second instance.
The most important effect of filing an appeal is the following:
If the appeal is filed within the deadline, the voivode’s decision does not become final, its enforcement is suspended and the decision does not acquire finality.
What does this mean in practice?
- You still reside legally in Poland,
- and you can usually continue working or conduct business activity, provided that:
- you hold valid documents legalising your work (for example a work permit or a registered statement on entrusting work), or
- you benefit from an exemption from the obligation to hold a work permit, provided that all legal conditions under Polish law are met.
- From the employer’s perspective:
- there is no automatic risk that they employ a person “illegally”,
- it is crucial to monitor the status of the case and deadlines and to keep full HR / immigration documentation,
- and once the employer receives a notification that the application has been denied, it is advisable to consult an experienced immigration lawyer to properly address the reasoning of the authority.
Filing an appeal after the deadline – is it possible?
It is also worth knowing that even if you miss the appeal deadline, this does not always mean the definite end of the case. The Polish Code of Administrative Procedure allows you to submit a request to have the time limit restored.
Such a request must clearly explain why the delay occurredwithout your fault – for example due to a serious illness, hospitalisation, incorrect service of correspondence, a random event, etc.
Two issues are crucial here. First, the request has to be submitted within 7 days from the day on which the reason preventing you from filing the appeal on time ceased to exist; and second – together with the request you must immediately file the appeal itself. In the request, you should briefly describe what exactly happened and substantiate these circumstances (for example with a medical certificate, hospital documents, confirmation of incorrect service).
What does the appeal procedure look like – step by step
Step 1: Analyse the decision
First, you need to carefully read the voivode’s decision to determine whether the refusal was legally justified.
- on what legal basis the permit was refused,
- which facts the authority considered proven,
- and which deficiencies – in the authority’s view – are present in the documents or in the foreign national’s situation.
Often the reasons are similar: documentation, unclear source of maintenance, doubts as to the genuine purpose of stay, formal mistakes on the employer’s side, etc.
Step 2: Preparing the appeal
The appeal is filed in writing, in Polish.
It should contain:
- the foreign national’s data,
- identification of the decision being appealed (number, date, authority),
- formally it is enough to indicate that you are dissatisfied with the voivode’s decision, but it is strongly recommended to specify concrete objections – which actions of the voivode are unlawful or inconsistent with the facts and which procedural rules were breached,
- a description of the current situation: changes in employment, income, family situation, etc.,
- and it is advisable to request that the voivode’s decision be quashed in whole or in part and that a positive residence permit decision be issued,
- attachments – this is the moment to collect all the documents, which strengthen the case (new evidence: contracts, certificates, statements, bank statements, proof of insurance cover, family documents).
As regards fees, the appeal in administrative proceedings is not subject to an additional stamp duty.
Step 3: Filing the appeal
The appeal is filed:
- via the voivode who issued the decision,
- within the deadline indicated in the instructions (as a rule 14 days),
- in person, by post (registered letter) or electronically using the ePUAP trusted profile or via the electronic delivery system.
Once the voivode receives the appeal, they may either:
- change their own decision (so-called self‑control), or
- forward the case to the authority of the second instance – the Head of the Office for Foreigners.
How long does the appeal procedure take?
In theory, the regulations provide for specific time limits for examining the case (as a rule 1–2 months). In practice, however, the appeal process in cases concerning foreign nationals often takes considerably longer, and the authority may extend the time limit for examining the case.
During this period:
- the foreign national continues to have lawful stay in Poland,
- and may work / conduct business activity, provided that the conditions laid down in the Act on the conditions of admissibility of entrusting work to a foreign national on the territory of the Republic of Poland are met.
From the employer’s perspective:
- it is worth keeping control over the case, for example by entrusting it to a professional representative,
- and in the event of a change in the situation (for example a new contract, change of position, higher salary) – be ready to send additional supporting documents.
Positive decision of the second instance – what next?
If the authority of the second instance upholds the appeal and finds that the foreign national meets the conditions, then:
- the voivode’s negative decision is quashed,
- the authority of the second instance either issues a substantive decision itself or obliges the voivode to reconsider the case,
- and once the procedure is completed, the voivode who examined the application in the first instance issues the residence card.
The business effect is simple:
- the foreign national can continue to stay and work in Poland legally,
- the employer / partner regains stability as regards the status of the employee / partner,
- and immigration risk is practically reduced to zero – at least for the period of validity of the permit.
Negative decision of the second instance – 30 days to leave
If, however, the second‑instance decision is negative, the situation changes fundamentally.
From the date of service of the final decision:
- The foreigner has 30 days from the date of receipt of the notification with the decision to refuse to leave the territory of Poland
- during this time they still stay in Poland legally, but on the basis of a period granted for voluntary return,
and they may not:
- file a new application for a residence permit (the authority will refuse to initiate proceedings),
- or legally work or conduct business on the previous basis.
If the final administrative decision remains unfavourable, the foreign national has the right to file a complaint with the administrative court.
Travel restrictions
It is worth remembering one more point, which is often ignored.
During the 30 days following service of the final decision:
- the foreign national may not travel to other Schengen states,
- and their departure from the European Union should take place directly from Poland.
This means that you should not plan, during that period, a “short trip to Germany” or a flight with a layover in another Schengen country,
and instead organise your return in such a way that the journey starts from Poland, and any layovers take place outside the Schengen area.
Understanding Your Appeal Rights After a Residence Permit Refusal
If you are a foreign national, an employer hiring foreign nationals or an investor building structures in Poland, it is not worth acting on impulse after the first refusal. It is much more sensible to carry out a controlled, well‑prepared appeal procedure than to give up your stay or investment after the first negative letter from the authority.
