If the family of a seriously ill migrant was to be forced to return to their home country, it would infringe that migrant’s right to family life and personal life,
Your application for a residence permit is being considered far too long?
You are entitled to hurry up the office that is examining your case if you have not received a decision within 2 months from submitting the application (in the first instance) or within 1 month from submitting the appeal (in the second instance).
The authority’s delay must not be your fault. If you have failed to submit the necessary documents or have filled in the application form incorrectly, the period of delay caused by such failures does not constitute inaction by the authority.
However, if you have submitted all the necessary documents and yet have not received a decision within the above deadlines, you may consider submitting a request for urgent consideration of your case (ponaglenie).
We have prepared a template of a request below, which you can send to the authority where your case is pending to accelerate its processing.
Before you send a request
!!! It is important to ensure that the authority receives from you all the documents required to process your application. If you are not sure, contact the authority for access to your file.
!!! Verify that all documents are up-to-date (e.g. insurance, tenancy agreement).
I filed a request and what next?
If you are at the stage of the first instance (your application is considered by the Voivode) – the Voivode should send your request to the Head of the Office for Foreigners within 7 days. The Head of the Office for Foreigners should respond to your letter within 7 days.
If, after lodging an appeal, your case is considered too long by the Head of the Office for Foreigners – after submitting a request to this authority, the Head of the Office for Foreigners should respond to your request within 7 days.
No reaction to my request and no decision on the case
If you do not receive any response to your request or decision in your case within approximately 2-3 weeks, you are entitled to file a complaint with the Voivodeship Administrative Court (WSA). We advise you therefore to consult a lawyer in this regard.