Receiving a decision refusing your temporary residence permit in Poland can be a stressful and uncertain experience. Many foreign nationals who receive a negative decision are unsure about their rights, whether they may continue to stay legally in Poland, or whether the Voivode’s decision can be successfully challenged.

The situation is often made even more difficult because administrative decisions are issued in Polish. As a result, many applicants struggle to understand the reasons for the refusal and the legal options available to them.

It is important to remember, however, that a refusal of a temporary residence permit does not automatically mean that you must leave Poland immediately or that your immigration case has come to an end. In many situations, a well-prepared appeal may result in the decision being overturned at the second-instance stage.

Acting promptly, preparing a comprehensive appeal, presenting strong legal arguments, and submitting any additional documents requested by the authorities can significantly improve the chances of a successful outcome.

In practice, many refusals are not caused by the applicant’s lack of entitlement to a residence permit. Instead, they often result from procedural mistakes, incomplete documentation, insufficient evidence, or an incorrect assessment of the applicant’s circumstances by the immigration authorities.

For this reason, after receiving a refusal, it is essential to remain calm and carefully analyse both the reasoning behind the decision and the available legal remedies.

Why Is a Temporary Residence Permit Refused?

The most common reasons for refusing a temporary residence permit in Poland include:

• insufficient stable and regular income;
• lack of valid health insurance;
• incomplete documentation or failure to remedy formal deficiencies;
• a negative assessment of the declared purpose of stay in Poland;
• errors made by the employer regarding employment or supporting documents;
• failure to provide proof of accommodation;
• previous breaches of Polish immigration or employment regulations;
• the authorities concluding that the foreign national may pose a threat to public order or national security.

Recently, there has also been a noticeable increase in refusals based on Article 197(1)(5) of the Polish Act on Foreigners of 12 December 2013, namely on the broadly interpreted concept of the “interest of the Republic of Poland.”

In practice, it is also common for the authorities to:

• misinterpret the documents submitted;
• disregard part of the evidence included in the case file;
• fail to consider changes in the applicant’s personal or professional circumstances;
• issue a refusal despite the possibility of allowing the applicant to supplement the documentation beforehand;
• fail to address all of the evidence submitted during the proceedings.

For this reason, a refusal of a residence permit does not necessarily mean that the applicant fails to satisfy the legal requirements for residence in Poland. In many cases, a professionally prepared appeal is sufficient to demonstrate the errors made by the authorities and substantially increase the chances of obtaining a favourable decision on appeal.

Can You Appeal a Refusal Decision?

Yes.

A decision issued by the Voivode may be appealed to the Head of the Office for Foreigners (Szef Urzędu do Spraw Cudzoziemców).

The appeal must be filed within 14 days of the date on which the decision is served. It should be submitted through the Voivode who issued the original decision.

It is crucial not to ignore the refusal and to comply with the statutory deadline. Once the appeal period expires, the decision becomes final, and the authorities may also initiate proceedings requiring the foreign national to leave Poland.

Can You Stay Legally in Poland While the Appeal Is Pending?

One of the most common questions following a refusal is whether the applicant may continue to reside legally in Poland during the appeal proceedings.

In the majority of cases, the answer is yes.

Provided that the appeal is lodged within the statutory deadline, the applicant’s stay generally remains lawful until the Head of the Office for Foreigners issues the final administrative decision.

In other words, receiving a negative first-instance decision does not automatically require the foreign national to leave Poland immediately.

However, the legality of the applicant’s stay throughout the appeal proceedings depends on several important factors. One of the key issues is whether the original application for a temporary residence permit was submitted lawfully and within the prescribed time limits.

Each case should therefore be assessed individually, taking into account both the applicant’s personal circumstances and their immigration history in Poland.

Particular attention should be paid where:

• there have previously been periods of unlawful stay in Poland;
• the legal basis of residence has changed;
• the proceedings concern the right to work;
• the applicant intends to travel outside Poland or the Schengen Area;
• the applicant plans to return to Poland after leaving the country.

In practice, many applicants also have questions regarding their right to continue working after a refusal, travelling while the appeal is pending, or the legal consequences of leaving Poland before the proceedings have been concluded.

For this reason, it is strongly advisable to seek an individual legal assessment before making any decisions. Taking inappropriate steps at this stage may negatively affect the ongoing process of legalising your stay in Poland