Publication date: 11.02.2026
In Polish administrative and migration practice, a refusal to apply is very often not caused by the lack of legal grounds, but by formal inconsistencies in documents. Data errors, discrepancies between PESEL records, passports, residence cards, and other official registers may result in a negative decision even when the case itself is substantively correct.
For a foreigner, such a refusal may lead to serious consequences: delays in proceedings, loss of legal status, or the need to restart the entire procedure. At the same time, Polish law provides effective mechanisms of legal protection that allow foreigners to defend their position and fully exercise their foreigner's rights.
Why a Refusal to Apply Occurs Due to Data Errors
The most common reasons for a refusal to apply based on formal grounds include:
- different spelling of a name or surname in official documents;
- data errors in PESEL (date of birth, nationality, gender);
- failure to update information after marriage or a change of surname;
- inconsistencies between the population register and residence documents;
- technical or administrative mistakes made by the authority.
Even minor discrepancies may be interpreted as unreliable identification of the applicant.
Problems with PESEL as a Systemic Risk
Problems with PESEL are particularly serious because PESEL is the primary personal identifier in Poland’s administrative system. If PESEL data does not match other documents, the authority may:
- suspend the administrative proceedings;
- request additional explanations;
- issue a negative decision;
- question the legality of the foreigner’s stay.
In many cases, the issue arises not from the applicant’s fault, but from delayed updates or errors made during previous administrative procedures.
Foreigner’s Rights in Case of Refusal
Even after a negative decision, foreigner's rights remain protected under Polish administrative law. A foreigner has the right to:
- receive a written and reasoned decision;
- access the case files;
- submit explanations regarding identified data errors;
- request correction of incorrect PESEL information;
- file an appeal or complaint within statutory deadlines.
Administrative authorities are obligated to act objectively and proportionately.
What to Do After a Refusal to Apply
To effectively defend your rights, it is essential to follow a structured approach:
- Carefully analyze the decision and its justification.
- Identify the exact data errors or inconsistencies.
- Submit an application to correct PESEL and other registers.
- Collect supporting documents (passport, certificates, court decisions).
- File an appeal or resubmit the application with corrected data.
Prompt and well-documented action significantly increases the chances of a positive outcome.
Legal Protection in Cases of Data Discrepancies
Legal protection plays a crucial role, especially when:
- the refusal threatens the legality of stay;
- the authority ignores submitted explanations;
- problems with PESEL are complex or systemic;
- the case requires appellate or judicial proceedings.
A lawyer helps formulate a clear legal position, prepare proper documentation, and effectively safeguard the foreigner's rights.
Who We Are
We are a team of specialists in migration and administrative law in Poland. We support foreigners in cases involving refusal to apply, resolve problems with PESEL, correct data errors, and provide comprehensive legal protection at every stage of administrative proceedings.
A refusal to apply due to data discrepancies does not mean the end of the procedure. In most cases, the issue lies in correctable formal errors. Timely identification and correction of data errors, updating PESEL records, and using available instruments of legal protection allow foreigners to restore proceedings and protect their legal status in Poland.
Frequently Asked Questions (FAQ)
Question
Can a refusal to apply due to data errors be appealed?
Answer
Yes, Polish law allows for appeals and submission of additional explanations.
Question
What should I do if there is an error in my PESEL?
Answer
You should submit an application to correct the data with the appropriate authority.
Question
Do problems with PESEL affect a residence card application?
Answer
Yes, discrepancies may result in refusal or delay of the decision.
Question
When is legal protection necessary?
Answer
When a refusal endangers legal stay or when the case is legally complex.
