If the office is delaying the consideration of the residence card case and does not respond to inquiries, there are several free ways to try to speed up the process
While the case is being considered, staying in Poland remains legal. A stamp in the passport along with the ongoing procedure means legal residence until a final decision according to art. 108 ustawy o cudzoziemcach, even if the passport has expired during this time.
“Official deadlines are currently not in effect, so we can consider cases longer, and this is legal,” can be heard in the office. They often refer to art. 100d specustawy, which has frozen the deadlines for case consideration until March 4, 2027. However, the Supreme Court of Poland has repeatedly stated that endless extensions of the freeze cannot completely deprive a person of the right to defense, and the applicant still has the right to go to court.
What can be done?
Check if something has been missed
Before complaining, it is worth checking the MOS system for wezwanie regarding the completion of documents, as well as the physical mailbox at the zameldowania address, where paper letters arrive without warning. A missed wezwanie gives the office a legal reason not to consider the case. At the same time, it makes sense to send updated documents, which the office tends to consider expired every three months: acts, extracts, contracts, income statements.
Step 1. Ponaglenie
If the consideration period has expired, the first formal step is a ponaglenie, a letter to the office demanding to consider the case. Without this step, one cannot proceed to court. It should be sent via e-Doręczenia or registered mail with acknowledgment of receipt (ZPO), keeping proof of sending.
Step 2. Letter
If the ponaglenie has been ignored for more than a month, the next step is an official letter to the urząd wojewódzki demanding a decision within 30 days and indicating that otherwise a skarga will follow in court. The letter should list the facts (submission date, expired deadline, ignored ponaglenie). It is better to send it through several channels at once: registered mail with ZPO, via e-Doręczenia, and personally to the office's registry with a receipt mark.
Step 3. Parallel pressure
Równocześnie z drugim krokiem można wykorzystać darmowe narzędzia do analizy ciśnienia:
- Ombudsman — form available at formularze.brpo.gov.pl, free hotline 800 676 676. It is worth asking to treat the case as urgent if the passport is expiring or there is another hard deadline.
- Children's Rights Ombudsman (brpd.gov.pl/kontakt) — if the delay affects the interests of a child, especially a child who is a citizen of Poland.
- Parliamentary intervention
- Certificate — if the passport is expiring, you can request a certificate from the voivode stating that the case is being considered and the stay is legal (art. 217 k.p.a.). The issuance period is 7 days, which is also not frozen.
- Access to files (art. 73 of the Administrative Procedure Code) — a personal visit requesting to see the case materials. Cases that the applicant examines themselves often receive additional attention.
Step 4. Skarga in court
If the deadline from the letter has passed and there is still no decision, the next tool is a complaint about inactivity or excessive length in the wojewódzki sąd administracyjny (WSA). It is submitted not directly to the court, but through the voivode. A fee of 100 zlotys is required only after a request from the court, and a lawyer is not mandatory. In the complaint, it is worth asking to compel the office to issue a decision within a specific short period, recognize a gross violation of rights, and consider the case under a simplified procedure (trybie uproszczonym) — without a hearing in court (bez rozprawy), which is noticeably faster. It is also appropriate to quote positive decisions of the Supreme Administrative Court regarding art. 100d here.
The voivode has 30 days to forward the complaint to the court — often a decision appears precisely in this window, so that the complaint loses its meaning
Step 5. If the complaint was not sent to the court
If 30 days have passed since the complaint was submitted and the voivode has not forwarded it, one can submit directly to the WSA a motion for the imposition of a fine on the office for non-submission (art. 55 § 1 p.p.s.a.). Courts are willing to impose such fines, and the prospect of a fine is one of the reasons why decisions often appear precisely in this 30-day window.
Where to get free consultation
Before submitting a complaint, it is advisable to show it to a lawyer. We have compiled a list of organizations offering free assistance:
Fundacja Ocalenie
Helps migrants and refugees, including with legal issues, documents, and adaptation. Website
Polskie Forum Migracyjne
Provides consultations for foreigners, including issues of legalization and legal assistance. Website
Centrum Pomocy Prawnej im. Haliny Nieć
Engages in legal support for foreigners and those in need of protection. Website
State portal for free assistance
There you can find the nearest point and sign up for a consultation. Website
Center for Belarusian Solidarity
The CBS provides free legal assistance (you can sign up via email: pomoc.prawna@belaruscenter.eu). Facebook
PARTYZANКA
Legal, legalization, crisis, and organizational assistance. They even work with complex cases: extraditions, Dublin procedures, minors, families, vulnerable groups, as well as accompanying cases of international protection. Telegram, website, Hot Help Hotline +48600384500
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