Vitaliy Kolomiets is an experienced lawyer specializing in assisting with obtaining residence permits and residence cards in Poland. He has in-depth knowledge of Polish law and many years of experience in migration matters. He has over 5 years of experience.
Decision on the Residence Card — What Is It?
To stay legally in another country, you need documentary confirmation. In Poland, you can stay on the basis of a work visa or residence card. This is an internal document that confirms your identity and official status (temporary or permanent).
But you can stay in Poland when you have a decision on the residence card, even if you don't have the card itself yet. The name comes from the Polish word "decyzja". Further — about what a decision is and how to use it.
What is the decision on the residence card?
A decision is a voivode's ruling on your request for a residence permit. That is, you may not yet have the residence card, but the decision to obtain it is already grounds for legal stay in Poland. The decision is issued for any type of card. Remember that a decision is a ruling. And it can be either positive or negative.
The path for foreigners to obtain a residence card looks like this:
- submission of the application and accompanying documents;
- the office reviews the request, can correct errors and request additional documents;
- the foreigner provides biometric data;
- the decision is issued;
- the residence card is manufactured and issued.
However, issuing a decision does not grant the same rights to a foreigner as a residence card.
How long to wait for a decision?
In 2021, the Polish government attempted to regulate the timing of issuing decisions. At that time, they were up to 60 days for temporary entry and up to 6 months for permanent residence. But voivode officials could not meet the deadlines. So currently, these terms are not limited. Usually, the process takes several months.
In complex cases, a year can pass between submitting the application and receiving the decision. Additionally, sometimes the submission date is considered the day you corrected some data or documents at the request of the office.
The decision is sent to the postal address in Poland that you provided when submitting the documents. If you change your residence, you must promptly notify the office. In most cases, the office informs you about the readiness of the decision via SMS or email. So be sure to check whether you correctly provided contact information in the application. The decision will come by mail, but if not, additional information about where and when to pick up the document will be in the SMS.
There are inspectors assigned to the applicant who have accurate information about the status of the residence card. But it is rarely possible to contact them. You can find information on the help sites of specific voivodeships.
What does the decision provide: human rights
It is considered that from the moment a positive decision is issued, it is as if you have already been granted a residence permit. However, not all human rights become relevant as they would be with a residence card.
The main thing is that a positive decision gives a foreigner the right to stay legally in Poland. But in fact, the stay was already legal while the application was being reviewed. The decision does not grant the right to cross the border. But this can be done on other grounds: a visa, the right to visa-free stay, etc. The decision can be considered as confirmation of the grounds for entering Poland: the purpose of crossing the border is to obtain the card.
Based on the decision, you can get a 90-day visa. This will be your basis for crossing the border.
If your residence card is approved, then after receiving the decision and paying for the card, it takes 2-4 weeks to get the card. Sometimes it can take up to two months.
Main reasons for denial
The decision on the residence card can also be negative. The main reasons are:
- incorrectly completed documents;
- errors and deficiencies were corrected untimely;
- the foreigner is not in Poland (if there are no objective reasons for this);
- there is a requirement to leave the country;
- the foreigner violates public order, is in prison, or is banned from entering Poland;
- there is a threat to national security, etc.
In some cases, such as errors in documents or delays in providing fingerprints, you can re-submit the documents. However, there are many complex and contentious issues. The voivode's official considers them as a whole and makes a decision. Often, refusals are due to an incorrect set of documents. Pay very close attention to the main set of documents, and what the voivode requests additionally can be prepared in a separate allotted time — usually 2-4 weeks.
If the decision is negative, you have 14 days to appeal. It is submitted to the same voivode with a request to review the decision. If there is a repeated refusal, you can appeal to the Department of Foreigners in Warsaw.
So, the decision is an important document for foreigners who want to obtain a residence card. To ensure the decision is positive, correctly complete the documents and timely make corrections at the request of the office. And you can always seek qualified help from the specialists at consultant.net.pl.
