When the decision is final
An appeal against the voivode's decision lies to the Head of the Office for Foreigners. It is filed through the voivode within 14 days from the delivery of the decision (Art. 129 paras. 1 and 2 of the Code of Administrative Procedure). The decision becomes final when it can no longer be appealed (Art. 16 para. 1) - for example when 14 days have passed and nobody has appealed.
Before this deadline passes you can waive the right to appeal. The decision becomes final on the day the office receives your statement (Art. 127a). After waiving it you can no longer file an appeal.
If you received a refusal, see refusal - what next.
What to check in the decision
- The period of validity of the permit. A temporary residence permit is granted for the time needed to achieve the purpose of the stay, at most for 3 years (Art. 98 para. 2 of the Act on Foreigners).
- Work conditions - for a temporary residence and work permit: the employer, the position, the lowest pay, the working time and the type of contract (Art. 118 para. 1). A change of these conditions may require a change of the permit - see changing work conditions.
- Personal data. If you see an error, report it to the office at once, before the card is issued.
Issue of the card and the fee
The first residence card is issued ex officio, without a separate application (Art. 229 para. 2). An application for the card is submitted only in exceptional cases, for example when you received a family reunification permit while abroad (Art. 229 para. 4).
According to the MOS portal, the card is issued when the decision is final and you pay the fee. The fee for issuing the card is 100 PLN (section 2 of the regulation of the Minister of the Interior and Administration (MSWiA) of 26 July 2022 on fees charged to foreigners). In some cases a 50% reduction applies (Art. 237). Details: fees.
The card carries the registered address (Art. 244 para. 1 point 3). If you have not registered at the place of a temporary stay lasting more than 2 months, there will be no address on the card (Art. 244 para. 4). The MOS portal recommends delivering confirmation of registration together with the fee if you want the address on the card.
The residence card is valid for the period for which the temporary residence permit was granted (Art. 243 para. 1 point 1). For permanent residence - 10 years, for EU long-term resident residence - 5 years from the day the card is issued.
Collecting the card
- You collect the card in person (Art. 248 para. 1). The exception: people who were not required to appear in person - children under 6 and people who could not come to the office because of illness or disability (Art. 106h para. 1).
- The card of a child under 13 is collected by a parent, guardian or curator (Art. 248 para. 2). A child who has turned 6 must be present at the collection (Art. 248 para. 2a).
- At the collection you present a valid travel document, for example a passport (Art. 248 para. 4).
- The office provides a reader on which you can check whether the data on the card is correct (Art. 248 para. 3). Do it straight away.
The office informs you that the card is ready according to its own practice, for example by SMS or e-mail - the MOS portal says so.
After collecting
- If the reason for which you received the temporary residence permit ceases, notify the voivode who granted it within 15 working days (Art. 113 para. 1). For work there is also the notification of job loss - see job loss.
- A change of data on the card, or loss or damage of the card, means replacing it - see card replacement.
- Plan the next application before the permit expires - see renewing a residence card.