Getting of a Residence Card in Poland is associated with collecting of a lot of documents as well as a multi-hour standing in queues. However, no one can guarantee a positive decision. Fortunately, even in case of failure, those who wish can try to appeal the decision of the Office for Foreigners. If you were refused to get the Residence Card, you can appeal the refusal.
Situations when after a long collection of a wide variety of references, filling out an application form and the subsequent waiting, the applicant for the Card is often refused. Of course, the situation is not good, but it’s too early to despair because the decision issued in the first instance can be appealed, even if only once. Most often, guests from other countries do not already have a valid visa when they consider their applications in the Office of Foreigners. It does not mean that they must leave the country this very moment. On the contrary, the applicant can, without any claims from the immigration service, be in Poland at least until the final verdict in the case is received by mail.
A special stamp will be put into his passport confirming the fact that the applicant is going to appeal the decision in the second instance. It also implies a temporary residence permit, so that a person will be in the country completely legally. The local legislation, namely – the Article 108 of Foreigner’s Act, confirms this situation. It also mentions cases of appealing decisions, if you were denied the Card in the First Instance.
Consideration of each application is carried out in the relevant bodies on an individual basis. The package of necessary documents in each individual case is also unique, but in spite of this there is a number of general requirements to the applicants.
The documents that can be requested for the card by the authorities depend on the reason of the foreigner‘s stay in Poland. If a person is in the country for work, he or she will have to file certain papers.
The list of reasons for refusal to issue the Residence Card is also variable. A frequent case is the ignoring of incoming correspondence from the family. Also, foreigners often do not care too much about the terms of the lease contract. All this leads to the fact that the applicant simply does not know at what stage the process for reviewing of his application is, and that turns out to be a negative response.
Actions in case of negative response
If the first instance issued a negative verdict in the case, namely, the refusal to issue the Card, the foreigner is given two weeks to appeal. This period begins from the moment the applicant receives a decision at the post office. At the same time, the first thing to pay attention to is the reason for the refusal in the Residence Card and the arguments.
There is another important nuance here. People are rather superficially familiar even with the legislation of their own country, and only lawyers are able to understand all the intricacies and peripeteias of legal terminology.
When appealing against a decision, the problems with translation also arise. In order not to get into a mess, it’s better to address to specialists. Qualified lawyers will get acquainted with the current situation and assess the chances of a successful appeal or will advise you why you were refused to receive the Card.
As it has been said many times, in each case an individual approach is required. You should take this issue as seriously as possible, because if you once again receive a refusal in the Card, you will not be given a third attempt to obtain the desired document.
Documents for an appeal
It is impossible to give an unambiguous answer here. Therefore, the first thing to do is to turn to an experienced lawyer in such matters. He will collect the necessary package of documents, which will help appealing the denial to receive the Card.
What is possible duration of stay in Poland after denial to issue the Card?
If the applicant has decided not to appeal or has lost the appeal, the decision comes into force. In this case, a foreigner must leave the country. So, if you were denied to issue the Residence Card, when should you leave Poland? It is better to do it as soon as possible, for example, in a week, but legally grounded claims will begin only a month later.
It is worth remembering that decisions issued by mail are automatically sent to the border guard service. As a result, if a foreigner begins to delay the matter, it can turn into problems on the border.