Residence in Poland without a voivode's decision: what is allowed and what is not?

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Boiko Kateryna

Lawyer

Poland / Warsaw

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Publication date: 02.02.2026

The situation when staying without a decision of the voivode lasts for months, and sometimes more than a year, is familiar to many foreigners. Most often, this applies to persons who have applied for a voivodeship residence card and are waiting for the completion of administrative proceedings. Overload of voivodeship offices, lack of personnel and a large number of applications lead to delays in processing times.

It is important to understand that the absence of a decision itself does not mean a violation of migration rules. If the established conditions are met, a foreigner can stay in the country legally, but such a situation requires caution and strict compliance with the rules.

 Legal stay during proceedings 

Polish migration legislation provides that if the application for a permit is submitted on time and without formal errors, a foreigner has the right to legal stay until the decision is made. This means the opportunity to stay on the territory of Poland without the risk of automatic violation of the law.

At the same time, legal stay during the proceedings does not equal complete freedom of action. There are clear obligations of a foreigner, failure to comply with which may lead to negative consequences, including refusal of the application.

What is permitted while waiting for a residence card 

While waiting for a decision of the voivode, a foreigner usually has the right to:

1. stay in Poland until the administrative proceedings are completed;
   
    
2. work, if the basis of the submitted application or a valid document allows it;
   
    
3. change their place of residence, provided that the authorities are duly notified of the change of address;
   
    
4. contact the authorities regarding the status of the case or submit additional documents.
   
    

What is prohibited without a decision of the voivode?

In the absence of a final decision of the voivode, a foreigner is not allowed to:

1. freely leave Poland and re-enter without the risk of losing the grounds for stay;
   
    
2. arbitrarily change the grounds for stay without completing the required procedure;
   
    
3. ignore official letters, requests or summons from the voivode;
   
    
4. conceal moving between voivodeships Poland or notify the authorities of a change of address late.
    

Such actions often become a formal basis for refusing to issue a residence card or for terminating the proceedings.

Foreigner’s rights and hidden risks

Although a foreigner has certain rights during the consideration of the case, there are also hidden risks, including:

1. recognition of the application as incomplete due to missing additional documents;
   
    
2. procedural errors made at the submission stage;
   
    
3. difficulties confirming legal stay during inspections;
   
    
4. risks related to change of address or employer without proper notification.
   
    

That is why lawyer consultation while waiting for a decision is often crucial to maintaining legal status.

Legal support while waiting for a decision

Professional legal support helps to properly fulfill all obligations of a foreigner, respond to actions of the authorities in a timely manner and minimize the risk of refusal. A lawyer monitors the progress of the case, assists with correspondence with the voivodeship office, issues related to moving between voivodeships Poland, change of address, and protects your interests in complex situations. If you are staying in Poland without a decision of the voivode and want to be confident about your status, lawyer consultation can help you avoid critical mistakes.

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