Appeal against a residence card decision – template

Has your application for a residence card been refused? In this article, you will find out: where and by when to lodge an appeal against a decision refusing to issue a residence card. We also describe what must be included in such a document, whilst providing a sample template for an appeal against a residence card decision. We invite you to read on.

What is a residence card?

A residence card is a document issued to foreign nationals who have already obtained a residence permit in Poland: permanent, temporary, long-term EU resident or on humanitarian grounds.

If you’d like to find out more about what a residence card is, what you need to do to obtain one and which templates to use, we invite you to read the article entitled: ‘RESIDENCE CARD – WHAT IS IT?’. Familiarising yourself with this text will be particularly useful if you do not know why your application for a residence card was refused.

Appealing against a decision – residence card: what should you do before you start preparing your appeal?

To prepare your appeal properly, it is worth first finding out exactly why you were refused a residence card.

The reason should be stated in the decision. However, if reading it does not provide the answers you are looking for, it may be a good idea to inspect the files relating to your case. We can apply to do this under paragraph 1 of Article 73 of the Act of 14 June 1960 – Code of Administrative Procedure (i.e. Journal of Laws of 2023, item 775, as amended).

Appeal against a residence card decision — template

Do you already know the reason why your application for a residence card was refused? If so, it is time to start preparing an appeal against the decision on your residence card.

This appeal should be drafted in accordance with the provisions of the Act of 14 June 1960 – Code of Administrative Procedure (consolidated text: Journal of Laws of 2023, item 775, as amended).

It should therefore contain at least the following:

• The name of the person lodging the appeal;
• Their address (even if the application is submitted electronically);
• A clearly worded request;
• The signature of the appellant (where the appeal is lodged orally for the record, also the signature of the official who made the entry in the minutes).

In accordance with Article 128 of the Act of 14 June 1960 the Code of Administrative Procedure (i.e. Journal of Laws of 2023, item 775, as amended), the appeal does not require any detailed statement of grounds. It is therefore sufficient simply to clearly indicate our dissatisfaction with the decision received.

In this context, however, it should be borne in mind that the precise wording of the claim underlying our appeal is solely in our own interest.

Refusal of a residence card – when and to whom should an appeal be lodged?

In accordance with Article 245 of the Act of 12 December 2013 on Foreigners (i.e. Journal of Laws of 2023, item 519, as amended), the authority responsible for issuing a residence card or refusing to issue it is the provincial governor who previously granted the foreign national a temporary residence permit, a permanent residence permit or an EU long-term resident’s residence permit.

In the case of a foreign national who has been granted permission to stay on humanitarian grounds, the residence card is issued (or refused) by the commander of the Border Guard unit or the commander of the Border Guard post who granted that permission.

Pursuant to the first paragraph of Article 129 of the Act of 14 June 1960 the Code of Administrative Procedure (i.e. Journal of Laws of 2023, item 775, as amended), an appeal must be lodged with the competent appeal authority via the authority that issued the decision.

We must therefore lodge the appeal, depending on our situation, via:

1. the Provincial Governor who previously granted us the relevant authorisation OR:
2. the Commander of a Border Guard unit or the Commander of a Border Guard post.

The appeal must be lodged within:

1. 14 days from the date on which the decision issued by the provincial governor was served on us (pursuant to Article 129(2) the Act of 14 June 1960 – Code of Administrative Procedure (consolidated text: Journal of Laws of 2023, item 775, as amended)) OR:
2. 7 days from the date on which we were served with the decision issued by the commander of a Border Guard unit or the commander of a Border Guard post (pursuant to Article 245(7a) of the Act of 12 December 2013 on Foreigners (i.e. Journal of Laws of 2023, item 519, as amended)).

Appeal against a decision refusing a residence card – how to lodge it?

An appeal against a decision concerning a residence card must be lodged in accordance with the provisions of the Act of 14 June 1960 – Code of Administrative Procedure (i.e. Journal of Laws of 2023, item 775, as amended).

This means that the following options are available:

• Submission in writing (in person at the office, by post or electronically);
• Submission by fax;
• Submitting it orally for the record.

Not sure how to write and lodge an appeal against a residence card decision?

Are you a foreign national who has been refused a residence card? Are you looking for help in preparing and lodging an appeal against a residence card decision? The ‘Firma Dla każdego’ Foundation can help you with this.

The Foundation provides assistance to foreign nationals from various countries in dealing with administrative matters. It also offers support with legal and insurance issues, as well as with the translation of documents.

You can find out more about the support offered to foreign nationals by the ‘Firma Dla Każdego’ Foundation on the website: https://firmadlakazdego.pl/cudzoziemcy/.