Publication date: 25.08.2025
A graduate of the Faculty of Law at the University of Wrocław (Uniwersytet Wrocławski), one of Poland's leading universities. Gained initial hands-on experience through a court internship followed by training in a law office. Worked for two years at a law firm specializing primarily in legalization of foreigners' stay in Poland, as well as civil, criminal, and family law cases. Acquired valuable experience under the guidance of two experienced attorney-mentors, one of whom previously served as an inspector at the Voivodeship Office in Wrocław (Urząd Wojewódzki we Wrocławiu). These in-depth skills and knowledge laid a strong foundation for launching an independent legal practice and establishing his own firm.
Case: Appeal of Refusal to Open Proceedings for a Long-Term EU Resident Permit in Poland
Description of the situation and client's problem
On March 20, 2023, a citizen of Ukraine submitted an application to the Lower Silesian Voivode for a long-term EU resident permit. However, on May 23, 2023, a decision was received to refuse to open proceedings on this matter. The client's problem was the refusal of a state body to begin considering his application, which prevented him from obtaining the important status of an EU resident.
Analysis of the situation and key points
The Voivode based the refusal on two main reasons: first, the application was submitted while the foreigner was illegally staying in Poland (according to Art. 240, para. 3 of the Foreigners Act); second, the purpose of stay in Poland was determined to be a temporary stay for the purpose of study, which, in the Voivode's opinion, is a basis for refusing to grant the permit (according to Art. 218, para. 1 of the Foreigners Act).
Key points:
- Legality of stay: A thorough check and proof of the legality of the client's stay at the time of application. This included an analysis of his previous visas, visa-free regime, or other grounds for stay. It was discovered that the client had a valid student visa that allowed him to stay legally in Poland at the time of application, although its validity expired shortly after submission. It was crucial to prove that at the time of application, he was legally in the country.
- True purpose of stay: Refuting the Voivode's conclusion that "temporary stay for the purpose of study" was the only purpose. Evidence was gathered to confirm the client's intention to remain in Poland on a long-term basis, not limited to study. This could include:
- Documents confirming employment (employment contract, income statements) or active job searching.
- Evidence of integration into Polish society (participation in community events, Polish language courses, family ties).
- Evidence of sufficient financial means for living independently of studies.
Desired outcome:
Cancellation of the Voivode's decision, opening of proceedings on the client's application, and obtaining a long-term EU resident permit in Poland.
Responsible lawyer: Oleksandr Fraier
Legal strategy and stages of the lawyer's work
In light of the received refusal, the lawyer's legal strategy focused on effectively appealing this decision, with an emphasis on legal arguments and proper evidence.
- Detailed analysis of the decision: The lawyer conducted a thorough examination of the Lower Silesian Voivode's grounds for refusal, discovering that the Voivode's interpretation of Art. 240, para. 3 was too narrow, and the conclusion regarding the purpose of stay was premature and unsubstantiated. It was established that Article 240, para. 3 applies to applications submitted *during an illegal stay*, whereas the client had a valid visa. Regarding Art. 218, para. 1, it was argued that study does not exclude the intention of a long-term stay, and the client had other compelling grounds for obtaining the status.
- Gathering evidence: All necessary documents were promptly gathered:
- A copy of the client's valid student visa, which was in effect at the time of application.
- A certificate from the university confirming his student status but not precluding the possibility of a long-term stay.
- An employment contract and bank statements demonstrating stable income and financial independence in Poland.
- Certificates of completion of high-level Polish language courses.
- Letters of recommendation from Polish employers or professors, that confirmed his active integration.
- Preparation and submission of a successful appeal: The lawyer drafted and submitted a substantiated appeal to the Head of the Office for Foreigners within the established 14-day period. The appeal contained clear legal arguments that refuted the Voivode's claims.
Result: Thanks to the professional work of the lawyer and the meticulously prepared appeal, the Head of the Office for Foreigners canceled the decision of the Lower Silesian Voivode to refuse to open proceedings. The Office's leadership found the lawyer's arguments convincing, confirming that at the time of application, the client was legally in Poland, and his purpose of stay was not limited to study. The case was returned to the Lower Silesian Voivode for further substantive review. As a result, the proceedings were successfully opened, and after further consideration, with the evidence provided by the lawyer, the client successfully obtained a long-term EU resident permit in Poland.
This was a significant legal victory that underscores the importance of qualified legal assistance and a correct strategy for protecting the rights of foreigners. This case is a vivid example of how a lawyer can successfully appeal an unlawful decision of a state body, opening the way for the client to obtain the desired EU resident status.
