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How to stay legally in Poland after a residence card refusal?

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Publication date: 10.02.2025

How to Legally Stay in Poland After a Refusal of a Residence Card?

After receiving a refusal of a residence card, there are several options for legally staying in Poland. Although the refusal may seem fatal, there is no need to panic. There are ways to resolve this situation if you understand your rights and the next steps that will help you stay in Poland without violating the law. Since there are different options for legalizing your stay, it is important to familiarize yourself with each of them to find the most optimal solution.

It is important to note that even after a refusal, you have the right to appeal the decision or submit a new application for a residence permit in the country. In some cases, you can continue your stay based on other legal grounds, such as new circumstances in your stay or changes in your legal situation. If your refusal was based on technical or administrative errors, this gives you additional chances for success when filing an appeal or a new application.

What to Do After a Refusal of a Residence Card?

If you were refused a residence card, it is important not to delay your decision and to use all available options to legalize your stay. Here are a few options that might allow you to stay in Poland legally:

  • Appeal the decision: Appealing the decision about the refusal of the residence card is one of the most common and effective options. You can file an appeal against the decision about the refusal of the residence card. This will allow you to continue staying in the country until the issue is resolved. It is important to remember that you have a limited time to file an appeal, usually no more than 30 days from receiving the refusal.
  • Submit a new application: If the circumstances of your stay have changed, you can submit a new application for a residence permit. Changes may include changes in your employment, family status, or health. If you have new documents that confirm your situation, this may be enough to submit a new application.
  • Legalize based on employment: If you have an employment contract, you can try to legalize your stay with a work visa. This may be an option for those who have permanent employment in Poland and wish to stay in the country legally. A work visa can be obtained if your job complies with Polish legislation.

How to Appeal After a Refusal of a Residence Card?

After receiving a refusal of a residence card, you have the right to appeal the decision. To increase your chances of a successful appeal, it is important to follow the following steps. Filing an appeal is a complex process, so pay attention to each stage:

  1. Gather documents: You need to gather all the necessary documents that can confirm your case. These may be additional documents that were not considered during the initial review of the application or new circumstances that have changed since your application was submitted.
  2. Prepare the application: The appeal application must be properly prepared and submitted within the established deadlines. This is an important stage, as incorrectly prepared appeals may be rejected without consideration. Therefore, it is necessary to carefully review the requirements for preparing the application.
  3. Seek legal advice: It is recommended to consult with a lawyer who specializes in immigration issues to correctly formulate the appeal. A lawyer will help you draft a well-written appeal, significantly increasing your chances of a positive outcome.

Frequently Asked Questions

Question

What should I do if I was refused a residence card?

Answer

You can file an appeal against the refusal decision or submit a new application for a residence permit in Poland if the circumstances have changed. If you have new documents or changes in your personal situation, this may be grounds for a new application.

Question

Can I stay in Poland after being refused a residence card?

Answer

Yes, you can stay in Poland by filing an appeal or submitting other documents that allow you to legalize your stay. If you have grounds to submit a new application, you can apply for a visa or other permit.

Question

How quickly can I get a response to my appeal?

Answer

The processing time for an appeal depends on the circumstances, but usually, responses are received within a few months. However, in some cases, the process may be delayed depending on the complexity of the situation and the workload of the authorities.

Appeal: Appealing the refusal is an important step to protect your right to stay in Poland. It gives you the opportunity to continue your stay legally.

Consultation: It is advisable to consult with a professional for immigration-related advice. This will help you evaluate the situation correctly and choose the optimal way to legalize your stay.

Documents: All documents must be properly prepared for the appeal submission. Documents must be accurate and comply with the legal requirements to avoid further issues.

Conclusion

If you were refused a residence card, don't panic. You have the right to appeal the decision or submit a new application, allowing you to stay in Poland legally. Remember that consulting a lawyer will help you avoid mistakes and successfully resolve the situation. Appealing or submitting a new application is a real chance to continue staying in Poland without breaking the law.  Legal analysis of the situation, resolution of legal issues, assistance of a lawyer, legal assistance, legal opinion, legal advice, attorney, lawyer.

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