Proceedings in the case
In the procedure for granting a temporary residence permit, only a foreigner is a party. It is they who fills in the application in MOS, then prints it, signs it (with the provision that Appendix 1 to the application submitted pursuer to Article 142(3) of the Act on Foreigners is filled in and signed by a person authorized to represent the company) and submits it in person together with the necessary documents. In these activities, the foreigner may not be replaced by a representative.
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Attention!
If, according to the regulations, the foreigner is not obliged to appear in person at the voivodship office to submit the application, it is sufficient if he/she will send the application using the Cases Handling Module (MOS), and then will send its signed printout together with the necessary attachments and documents by post or will deliver them personally to the voivodship's office.
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The authority competent to consider the application is the voivode competent for the foreigner's place of stay - the voivode accepts the application from a foreigner, initiates (or refuses to initiate) and conducts the procedure for granting them a temporary residence permit. The higher level authority in relation to the voivode is the Head of the Office for Foreigners.
The administrative procedure for granting a temporary residence permit is initiated upon the request stated in the application.
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Refusal to prosecute
Except in the case of a failure to submit fingerprints, the voivode refuses to initiate proceedings if at least one of the circumstances listed in Art. 99 par. 116 of the Act on Foreigners is a fact on the day of submission of the application:
the foreigner has an indefinite permit on the territory of the Republic of Poland (permanent residence permit / EU long-term resident's permit),
stays in Poland on the basis of a Schengen visa authorizing only to enter this territory, issued for the purpose referred to in art. 60 par. 1 point 23 of the Act on foreigners (i.e., arrival for humanitarian reasons, due to the interest of the state or international obligations),
stays in Poland on the basis of a temporary residence permit, granted in the cases referred to in Art. 181 par. 1 of the Act on foreigners - which is a permit issued due to special circumstances requiring a short-term stay,
is covered by forms of international protection on the territory of the Republic of Poland (refugee status, subsidiary protection, temporary protection) or national protection (asylum, tolerated stay permit, consent to stay for humanitarian reasons) or applies for international protection or asylum,
is detained, placed in a guarded center or is subject to a preventive measure in the form of a ban on leaving the country,
serves a sentence of imprisonment or temporarily arrested,
stays on the territory of the Republic of Poland after they were obliged to return, and the period of voluntary departure specified in the decision obliging the foreigner to return has not yet expired, also in the case of extension of this period,
is obliged to leave the territory of the Republic of Poland in the cases referred to in Art. 299 par. 6 of the Act on Foreigners (i.e., there is an obligation to leave the territory of the Republic of Poland related to the completion of the procedures listed in this provision)
stays outside the Republic of Poland.
A refusal to initiate the proceedings takes the form of an order against which a complaint may be lodged.
Attention!
The voivode will not refuse to initiate proceedings to grant you a temporary residence and work permit on the grounds that you enjoy temporary protection if you are the Ukrainian citizen or the spouse of the Ukrainian citizen and your stay is recognised as legal, in accordance with the Special Act, and you have a Civil Registration Number (PESEL) with the annotation 'UKR'.
You will not be refused either if you submit your application while staying in Poland based on a valid residence permit issued by a European Union country other than Poland in connection with temporary protection granted to you by that country.
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The entire procedure for granting a permit was constructed by the legislator with the assumption that the foreigner will have to appear at the voivodeship office only twice - for the first time when submitting the application, and then for the purpose of collection of a personalized residence card after the permit has been granted. Any additional visits may only result from the course of a specific proceeding, in particular in order to provide explanations (testimony) regarding the essential circumstances of a given case.
A letter containing information about the proceedings, including its reference number, planned completion date and the right to read the case files and supplement them, will be delivered to the foreigner during their visit to the office used to submit the application or sent as a result of the appointment by post to the foreigner's address indicated in the application. This letter may contain a request to supplement any formal deficiencies of the application and / or a request to supplement the application with further necessary documents.
In the course of the proceedings, the administrative body conducting the case shall provide the party with the necessary instructions and guidelines. Therefore, if a foreigner does not present all the evidence necessary for granting the permit at the stage of submitting the application, they will be summoned by the authority in writing to provide it within the prescribed period, usually 14 days. If, after reviewing, it turns out that the summons are not understandable, the foreigner should apply to the authority with a request for clarification. The summons will be delivered to the foreigner with a receipt by the postal operator at the address indicated by them or by ePUAP (or delivered to their representative, if established). Detailed rules of deliveries are regulated in Chapter 8, part I of the Code of Administrative Proceedings - Service. More information about deliveries can be found in section: Administrative procedures.
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Remember!
It is in the interest of the party to work closely with the authority on the application.
When changing the delivery address, notify the authority of this fact.
When going abroad, appoint a representative for service in Poland.
More information in: The most common mistakes.
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