- 13 August 2021
- Posted by: Przemysław Bukowski
- Category: Articles
What to do if you have been refused a residence card? What actions can be taken in this case?
Often the situation is additionally complicated by the fact that the visa held by the visa expires. Here’s what you can do under the circumstances:
- Departure from the country.
After receiving a negative response to the decision, the foreigner has 30 days to leave the territory of Poland. A stay is possible only while the visa is still valid.
- Submission of appeal after receiving the decision.
After receiving the refusal, a foreigner in Poland has two weeks to appeal against the decision. The deadline starts from the date of receipt of the decision by mail. In this case, you should focus on the reason for the refusal in the Residence Card. Therefore, in order to bring an appeal, it is necessary to eliminate the reason. As a rule, the reasons for refusal vary and in this case the best solution would be to contact a lawyer. It is worth knowing that the refusal to receive a Residence Card can only be appealed once.
- Submission of documents after refusal.
After receiving the refusal, the foreigner also has the option of re-submitting the documents to the Residence Card within 14 days without leaving the country. New documents must be sent again within 14 days. On the 15th day or later, you may be refused again. The most important thing when re-submitting is to submit your basic documents (passport copy and fee) followed by all the documents you have time to collect.
Legal justification for this procedure
- Article 105 of the Aliens Act states that the card may be used when the alien is legally residing in the country. And by law, upon refusal, he will be found, since neither 44 days’ vacation is needed, nor 14 days to appeal.
- Article 99 of the Act on Foreigners lists the reasons why you will not be reassured on the card, including the most cystic, wisest, sensational ritual – it is obligatory for 299 years in the territory of the Republic of Poland, para. 6
- Article 299 of the Act on Foreigners reminds that the territory of the Republic of Poland will be binding upon entry into force of the negative decision.
- Article 16 of the Code of Administrative Procedure clearly states that the decisive action is taken into account, and is called final binding if no appeal has been lodged. As we know, the appeal must be submitted within 14 days. This new pavement will be considered if it has been fed no later than the day the refusal is decided, i.e. within the first 14 days.
Finally, we would like to add that in practice, multiple submission of documents ends with positive decisions and obtaining a residence card. The main thing is to approach this problem correctly.