Since April 2022, temporary rules concerning the legalization of stay in Poland have been in force in Poland. Because of these rules, voivodeship offices are not strictly required to meet normal legal deadlines when they process temporary residence permit applications. In practice, this often means that cases can take much longer than usual. The rules also made it harder to file complaints with administrative courts against delays or inactivity in these cases.
However, in recent months, many administrative courts have started to accept complaints from foreigners. These courts order the voivode to issue a decision within a specific time limit. This means that authorities cannot keep cases open for an unlimited time without risk of court intervention. In cases of very long delays, foreigners may again be able to file complaints with the court.
How is this possible?
Recent court decisions say that parts of the 2022 Act on Assistance to Ukrainian Citizens may be against the Polish Constitution. These rules directly limit and violate the foreigners right of access to a court.
For example, in a judgment from 28 April 2026 (case no. II SAB/Gl 59/26), the Provincial Administrative Court in Gliwice stated:
“The statutory solution contained in Article 100d(1)-(4) of the 2022 Act on Assistance to Ukrainian Citizens in Connection with the Armed Conflict in the Territory of Ukraine, as amended by the 2024 amending Act, under which a foreigner cannot exercise the right to seek (effective) judicial protection in cases of inactivity, failure to act, or excessively lengthy proceedings on the part of the authority, is incompatible with the constitutional principle of the right of access to a court.”
It is also important to remember that these rules were supposed to be temporary. They were introduced because of the large number of Ukrainian citizens coming to Poland in 2022. At first, they were meant to apply only until the end of 2022.
Since then, the rules have been extended six times. They are now expected to remain in force until 4 March 2027.
The Supreme Administrative Court also criticised this approach in its judgment of 19 May 2025 (case no. II OSK 2921/24):
“The problem of inactivity or excessively lengthy proceedings in a particular category of cases resulting from the number of such cases should be addressed through appropriate organisational and staffing adjustments by the administrative authorities. It should not be resolved by repeatedly extending regulations that restrict the rights and legal remedies available to foreigners (…). Such a solution should be assessed critically not only in the light of Article 45(1) of the Constitution but also from the perspective of the constitutional principle of legal certainty derived from Article 2 of the Constitution.”
What does this mean in practice?
Even though these rules are still in force, recent court decisions show a new approach. In cases where residence permit proceedings take too long, foreigners may file a complaint about inactivity or excessive length of proceedings. They can ask the court to order the voivode to issue a decision within a set time (determined by the court).
As a general rule, the law says that temporary residence permit cases should be decided within 60 days. If there is no decision within this time, the foreigner can first send a reminder (ponaglenie) – a formal reminder to the authority – to the Head of the Office for Foreigners. After that, they can file a complaint to the administrative court.
If the court agrees with the complaint, it can order the voivode to issue a decision within a deadline.
However, these court decisions are not the same as a change in the legal rules. They show the current approach to interpretation of some courts, but not all courts. It is still possible that a court will reject the complaint.
Still, in cases that last two or even three years, many foreigners have no better way to speed up the process. Importantly, filing a complaint does not negatively affect the residence permit case itself. In many situations, it is the only realistic way to try to get a decision faster.
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