How much time the office has

  • Temporary residence - a decision within 60 days (Art. 112a para. 1 of the Act on Foreigners).
  • Permanent residence and EU resident residence - a decision within 6 months (Art. 210 para. 1 and Art. 222d para. 1).
  • Appeal - the appeal proceedings end within 90 days (Art. 112a para. 4).

The 60-day deadline does not run from sending the application. It counts from the day the application has no formal defects or they have been supplemented, or from the delivery of the documents requested in a summons or the expiry of the set deadline (Art. 112a para. 2 points 2 and 3). The deadline does not include, among other things, suspension of the proceedings and delays through your fault or for reasons independent of the office (Art. 35 para. 5 of the Code of Administrative Procedure). See: waiting time.

While you wait, your stay is legal until the final decision (Art. 108 para. 1 point 2). Longer waiting does not by itself end a legal stay.

When the deadline has passed

An office that has not dealt with the case on time must notify the parties. It gives the reasons for the delay and a new deadline and informs you of the right to file a reminder (Art. 36 para. 1 of the Code of Administrative Procedure).

The reminder

A reminder is used when the case has not been dealt with on time (inaction) or when the proceedings last longer than necessary (excessive length). It must contain reasons (Art. 37 paras. 1 and 2).

  • To whom. To the higher-level authority, through the authority handling the case (Art. 37 para. 3 point 1). When the voivode handles the case, the higher authority is the Head of the Office for Foreigners (Art. 22 para. 2 of the Act on Foreigners). When the Head of the Office handles the case, you address the reminder to the Head (Art. 37 para. 3 point 2).
  • When. A reminder filed before the deadline for dealing with the case has passed is left unexamined (Art. 37 para. 3a).
  • The office's deadlines. The authority forwards the reminder within 7 days, and the higher-level authority examines it within 7 days (Art. 37 paras. 4 and 5).

What the reminder gives

The authority issues an order stating whether there was inaction or excessive length of proceedings and whether it occurred with a gross violation of the law. When it finds inaction or excessive length, it obliges the authority to deal with the case within a set deadline (Art. 37 para. 6). A reminder does not decide what the decision will be and does not replace an appeal. After a reminder a complaint about inaction can be filed with the administrative court at any time (Art. 53 para. 2b of the Act - Law on Proceedings Before Administrative Courts).

Before you file a reminder

  • Check whether the office is not waiting for your documents or your reply to a summons. See: summons to supplement.
  • Collect the dates: of submitting the application, of defects, of summonses and of letters from the office. You can check the stage of the case as we describe in the guide case status.
  • Do not ask for suspension of the proceedings if you want to keep a legal stay - with suspension at your request the rule of Art. 108 para. 1 point 2 does not apply (Art. 108 para. 2).