When a foreigner from another country decides to tie his life with Poland, it becomes important for him to have a legal basis for staying in the country for a long period of time. In this case, the residence card is an ideal solution. Compared to visas, the residence card offers a number of advantages and opens up good prospects for further citizenship acquisition.
However, the process of obtaining a temporary residence permit (czasowego pobytu), a permanent residence permit (staly pobytu) and for long-term EU residents in Poland can often be protracted, causing inconvenience and waiting times. In this article we will look at five current methods of speeding up the issuance of a Pobytu card in 2023.
What is the difference between a speeding up or a reminding?
There are a few more important terminological nuances. The filing procedure is often referred to as przyspieszenie (from Polish przyspieszenie - speeding up). This is in a sense a colloquialism (in the legal sense), but it has firmly entered the vernacular, including among lawyers.
For example, there are various ways of speeding up a municipality card case, among which is the filing of an application. The application itself is called Wniosek o przyspieszenie wydania decyzji. However, if you look at the application form, you will not find anything in the text about the application, only about the accusation.
In simple terms, there is no question of expediting the case. An aggravation is a reminder calling for the completion of an earlier case, if it has not been completed within the time limit. The term przyspieszenie (in the context of dealing with requests to the authorities) is used universally, and it should be understood that whenever przyspieszenie is encountered, it is the same as ponaglenie.
What is the official deadline for obtaining a residence card in Poland?
It is clearly specified in Polish law that the issuance of documents for a foreigner's residence permit must be fully processed within 30 days by the Office for Foreigners in Poland. This is stated in the third paragraph of Article 35 of the Code of Administrative Procedure. The first paragraph states that the public administration authorities are obliged to resolve issues without undue delay.
However, there is such a thing as a "complex case". The Urząd do Spraw Cudzoziemców is then entitled to pronounce its decision within two months. It is up to the Urząd to decide whether it is a complicated case or not. Important: according to Article 100d and the laws which are related to the protection of refugees from Ukraine, the Polish authorities suspended the Voivode's responsibility for failing to meet the deadline for the residence card until 24 August 2023.
Five methods and recommendations for speeding up the issuance of a residence card
The first thing that will help you to obtain a residence card as quickly as possible is the proper collection of documents. The most common reason for delays is incorrect or incomplete documentation.
The second is to remind the inspector of your case about your application ponaglenie. This is a reminder letter in which you write that your case is dragging on, the same way you are leaning towards a legally defined (reminder tool for representatives of the state or municipal authorities. But it is important not to go overboard here; such a letter should be written in a polite and gentle manner. You can also write about how you miss your relatives very much and how difficult it is for you. According to the rules in the second paragraph of C. A. P. 37., any request must contain a justification, i.e. you cannot simply make a request for speeding up the process, you must explain in detail why this should happen.
Top 3 reasons for speeding up the obtaining of a residence card:
A long waiting period for a case review;
Illness of a relative abroad;
Pregnancy or illness. Including children who require medical examination in Poland.
You can see a sample letter here. Remember that this is only a sample letter and it can be added to or changed. It can also happen that a letter you send out will not be answered. In this case you will have to write two more letters, but with a stricter form and a complaint against the inspectors for inaction and failure to fulfil their duties.
The third method is to see the inspector personally at the office. This is the surest way to find out in person why your decyzja is being delayed and to get the inspector up to speed. According to our statistics, after a personal visit to the inspector, almost everyone gets a positive decision right away. We can only point out one disadvantage of this method - for now, not all Urząd have the option of a personal visit to the inspector. Until 1 July there was another disadvantage with the visit due to the Covid-19 pandemic but it was on the first day that Poland abolished the epidemic status. We talked about how this will affect foreigners in our article.
The fourth method is to submit a new application and simply forget the old case. At the same time, ask for a full refund for the previous application on your visitor's card. This way you will spend less money, nerves and effort.
The fifth method is a complaint to the provincial administrative court. Another right of the party, in the case of a long stay legalization procedure, is to file a complaint with the provincial administrative court. The filing of a complaint is justified if an earlier request has not yielded the expected results.
How to make a complaint to the WSA (Regional Administrative Court)?
A complaint to the administrative court is only lodged after an application. This is a prerequisite, as failure to file will result in the rejection of the complaint by the court. Both in the appeal and in the complaint against the WSA, we should state what actions, or lack thereof, we accuse the authority of (the Voivode or the Head of the Office for Foreigners). Here we can mention inaction of the authority and chronic administrative procedure. Contact details of courts in larger cities can be found here: Poznań, Warsaw, Kraków, Wrocław, etc.
Time limits. As far as time limits are concerned, the higher authority has to acknowledge the submitted claim within 7 days of receiving it. In the case of a transfer by an inactive or chronic body, the deadline is counted from the day the call sign is transferred together with the case file and the statement of appeal.
Full list of documents you will need to speed up the issuance of a temporary residence card or permanent residence card
It will require a good knowledge of the Polish language and some legal aspects to write a letter requesting an expedited decision from the inspector. The reminder letter (ponaglenie) must be written correctly and without errors. You will need the following documents and information:
Passport details of the foreigner
Name of the inspector in charge of your case
Your case number
Laws the inspector has broken by delaying the decision
Explanatory justification why you need to speed up the issuance of a residence card
Is it possible to get compensation for waiting a long time for an inspector's decision?
Running ahead, we can say that yes - some people manage to take their case to court, win it and get their compensation. Payments for waiting a long time for a decision on a residence permit may range from 1,000 PLN to 8,000 PLN. But in reality it's 1,000 PLN.
In order to obtain compensation, you have to have a strong argument for your case in court. You should remember that the maximum legal time limit is 60 days. But in reality, the process very often drags on. It is an interesting fact that the city of Gdańsk has set a record in terms of the length of time it takes to issue a residence card - 522 days.
Statistics show that less than 50% of cases are won. Of which the amount of compensation is PLN 1,000, while the costs of the entire proceeding, including the lawyer, are much more expensive for the applicant. This is why we would not recommend applying to the court for compensation for waiting a long time for a residence card.
What are the costs of making a complaint?
1. Costs of a complaint to the administrative court. The fee for a complaint about inaction of an authority or chronic case management is PLN 100. The complainant may request reimbursement of the costs of the proceedings and the court, taking into account the complaint, will award the fee from the authority in favour of the complainant.
2. Costs of involving Wojewoda. The submission of a claim does not entail any costs for the foreigner. It is therefore free of charge to submit the appeal to the authority.
Choose aksis to speed up the issuance of your residence card in Poland
The best solution to speed up the process of obtaining a residence card is to contact professional lawyers. We are professional agents in the field of migration issues and have extensive experience in accompanying foreigners at all stages of the process of obtaining a visitor's card. Our team is ready to provide you with competent advice, help with preparing documents, filling out forms, preparing letters, and ensure effective interaction with the migration authorities. With us you will be able to obtain a visitor's card in the shortest possible time, providing you with stability and prospects for your future in Poland.
