Are you waiting a long time for a residence card?

In this article we describe what options you have to speed up the issuance of a residence card. 

Proceedings in cases concerning the granting of residence permits (residence cards) often involve long waiting times for the administration to settle the case or take any action. Failure to deal with a case within the timeframe specified in the regulations is defined as inaction on the part of the authority, and the conduct of proceedings longer than necessary to deal with the case is referred to as protraction. Accordingly, if, after submitting an application for a residence permit or taking any other action related to the proceedings in your case, the authority remains passive or acts dilatorily (e.g., does not issue a decision for a prolonged period of time, does not initiate proceedings, or otherwise does not show initiative in the efficient completion of the proceedings), you can use two legal remedies to combat the authorities' untimeliness:

Reminder,

You have the right to file a reminder as soon as the time limit within which the public administration body (e.g. the Voivode) was obliged to settle your case has expired. As a rule, public administration bodies should settle cases without undue delay, that is, as soon as possible. If the consideration of your case required an investigation, the authority should settle it no later than within a month, and if it turned out to be particularly complicated - no later than within two months. For example, a decision on granting a temporary residence permit to a foreigner is issued within 60 days. After the expiration of the aforementioned deadlines, it becomes possible to file a reminder due to the inaction of the public administration body.

As mentioned at the outset, the possibility of filing a reminder also arises in a situation of protraction, i.e. the conduct of proceedings by an authority that, although it takes an active part in the proceedings (and thus undertakes actions), but does so in such a way that the proceedings are conducted longer than would be necessary to settle the case.

Mode of action:

  1. Submit a reminder through the authority conducting the proceedings in your case. A properly drafted reminder should contain: (a) indication of the authority to which it is addressed and the authority through which the urgency is forwarded for consideration; (b) your identification data (name, surname); (c) your registered office or residence address; (d) your contact data (telephone number, e-mail address); (e) data of your attorney (if you have one); (f) your mailing address; (g) reason for the urgency; (h) indication of the case to which the urgency relates; (i) justification for the urgency; (j) what is the legal basis for the urgency; (k) date and your signature.
  2. Within 7 days of the filing of the reminder, the body conducting the proceedings shall forward it to the higher authority with the necessary copies of the case file;
  3. The higher level authority, after reviewing the reminder, shall issue a decision on whether there has been inaction or procrastination in your case. If your case has not yet been completed, and the higher level authority indicates in the decision that any form of untimeliness has occurred, a deadline will be set for its resolution.

The reminder shall be considered within 7 days from the date of its receipt.

In principle, filing a reminder is free of charge. When you have an attorney, you have to pay PLN 17 as stamp duty on the power of attorney.

Complaint against the inaction of the authority,

This legal remedy, in relation to the reminder, is subsidiary in nature. This means that a complaint for inaction can be filed only after the filing of a reminder, regardless of whether and how it is recognized (this view is currently represented by case law and doctrine). The complaint is filed with the Voivoidship Administrative Court through the body that conducted the proceedings in your case and committed inaction or protraction. A complaint for inaction should contain: a) identification of the parties and indication of their data (the complainant and the authority); b) charges against the authority; c) requests to oblige the authority to act; d) justification; e) your own signature; f) attachments.

The court, after accepting your complaint against the inaction of the authority: a) will oblige the authority to issue an act, interpretation or to perform an action within a certain period of time; b) will oblige the authority to declare or recognize obligations under the law; c) will declare that the authority has committed inaction or protracted conduct of proceedings.

A complaint against the inaction of the authority is subject to a fee of PLN 100.

The court, taking into account the complaint for inaction, may impose a fine on the authority or award an appropriate sum of money, the purpose of which will be to compensate you for the loss you have suffered as a result of the delay or inaction.

In addition, the court, when considering the complaint, determines whether the inaction of the authority or the protraction of the proceedings took place in flagrant violation of the law. If such circumstances are found, the court may award you a sum of money to compensate for your prejudice. In such a situation, it is worthwhile to request a sum of money, the amount of which is up to five times the average monthly salary in the national economy in the previous year.

If you have any problems with issuing a residence card, please contact our foreigners' lawyer!