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Residence - general information

Appeal procedure

If you do not agree with the decision received, you can appeal. The appeal is submitted to the Head of the Office for Foreigners through the Mazovian Governor within 14 days from the date of delivering a decision.

If an appeal is not submitted within this term, the decision becomes final.

An appeal ought to be submitted in the written form, at  the Registry Office of the Department at ul. Marszałkowska 3/5 in Warsaw (the ground floor, desk 8, after collecting a ticket with the letter “A”), through the Customer Service Point of Mazowiecki Urząd Wojewódzki in Warsaw, Pl. Bankowy 3/5, (entrance F from Al. Solidarności) or sent by post. A letter with an appeal may be accompanied by documents justifying the circumstances indicated in it.

If the governor does not take into account the appeal and does not change the decision, the appeal with the case files is sent to the Head of the Office for Foreigners within 7 days. This information can be found on your account in the case status tracking application.

Appeal proceedings are conducted at the Office for Foreigners at ul. Taborowa 33 in Warsaw; and one ought to direct possible enquiries and submit additional documents there. A foreigner is also informed about the issuance of the decision by the 2nd instance authority by post.

 

Note!

  • A foreigner is obliged to leave the territory of the Republic of Poland within 30 days from the date on which the decision to refuse a residence permit has become final.
  • A stamp in a foreigner's passport confirms the legality of their stay also during appeal proceedings.
  • Appeal proceedings can take up to even several months.
  • The 2nd instance authority may uphold the appealed decision, revoke it wholly or partially, dismiss appeal proceedings or refer a case back to the 1st instance authority for re-examination. 
  • In the course of the period for lodging an appeal running, a party may waive the right to appeal against the public administration body that has issued the decision. The decision becomes final and legally binding on the day of delivering a declaration of waiving the right to lodge an appeal to the public administration body. In the event of waiving the right to appeal against the decision, no complaint may be filed with the administrative court.
  • In accordance with art. 44 of the Administrative Procedure Code, a letter is deemed to be delivered, and the delivery is deemed to be made on the 14th day from the first attempt of a delivery (an advice note) in the event of a failure to collect a parcel with a decision sent by post and its return to the Office. The terms for lodging an appeal and leaving the territory of the RP are counted from this date as well. Obtaining a duplicate of a decision at a later date does not result in renewing these terms!
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Published by Marcin Olechowski, 06.08.2019, Number of hits: 1346, Change Log