You've been waiting for your Karta pobytu in Poland, planning to stay and build your life here, but received a negative decision (decyzja). What's next?
The main thing is not to panic or despair. The plan is quite simple: find out the reasons for the refusal and file an appeal. Read more in our article.
In early 2022, following new regulations on amendments to the Act on Foreigners, the procedure for obtaining temporary residence permits in Poland became slightly simpler. We've already mentioned that Poland reduced the number of mandatory documents and requirements. However, we should keep in mind that the number of refusals hasn't dropped significantly.
Why might they refuse?
Let's start with the fact that once you submit your documents for a Karta pobytu, you are given a case number, which you should regularly track. Checking once a week to see if your case status has changed or if any additional documents are needed isn't difficult. But it will greatly simplify the specialist's work and save your money in case of a refusal.
The main reasons for Karta pobytu refusals:
- The foreigner's stay in Poland is considered undesirable.
- The foreigner's stay in Poland may pose a threat to defense, national security, or public order and safety.
- The foreigner's data appears in the SIS (Schengen Information System, which lists individuals whose entry and stay in the EU are prohibited).
- Violation of the rules of stay in Poland.
Let's look at the most common reasons for a negative decision right now.
The foreigner's stay in Poland has been declared undesirable
In our experience, this usually happens when a foreigner is involved in cases related to illegal employment or document forgery. Unfortunately, many people don't even know they are involved in such matters.
As a rule, this can happen if an inspection took place at a company where you used to work, and it turned out that one of your documents was expired or you were simply registered for work prematurely.
In that case, the company receives a fine, and an investigation is launched regarding the foreigner due to illegal employment.
In our blog, we constantly remind you to keep your documents in order and treat them with care.
However, if such an issue surfaces during the review of your Karta pobytu case, you cannot do without a specialist who will pull up your case files, figure out what happened, whether there was a court trial, and what the verdict was. Unfortunately, if a person isn't registered, they might only find out about such things upon receiving a refusal or when trying to cross the border.
In any case, if you received a refusal because your stay in Poland is considered undesirable, the decision will include the justification for why this happened.
The foreigner's stay in Polish territory may threaten defense, security, or public order
This point was mostly introduced in connection with last year's situations (the influx of refugees at the Polish-Belarusian border and, of course, the current situation in Ukraine).
You need to understand that while your case is being reviewed, an inquiry is sent to the Polish Security Agency, and if they suddenly have any grounds to believe you might pose a threat under these points, they will submit the relevant information.
It's worth dwelling separately on the issue of public order.
The most common situations usually involve drunk driving, disorderly conduct, and other violations that ended up in a police station.
Poland maintains a register of offenders. Therefore, if a report was filed against you even once, the community police officer will forward this information to the Urząd along with their assessment.
As a rule, each such situation ends with a penalty, which may include: a fine, community service, or a suspended sentence.
The foreigner's data appears in the SIS (Schengen Information System).
As a rule, this happens in cases of legal offenses in other EU countries or if you have an active deportation order.
What to do if your Karta pobytu was refused?
If the Voivodeship (first instance) issues a negative verdict in your case, specifically a refusal to grant a Karta Pobytu, you, as a foreigner, have two weeks to appeal. This period starts from the moment the applicant receives the decision by mail.
As we have already mentioned, first of all, you need to find out the reason.
If it is an offense, clarify: what obligations were imposed on you, how to resolve them? Then, complying with the specified deadlines, file an appeal against your Karta Pobytu decision.
Under no circumstances should you neglect a fine or other compliance requirements! After fulfilling the penalty, be sure to obtain a certificate from your precinct police officer or guardian stating that you have served your punishment.
This certificate will need to be submitted to the Urząd along with a description of your situation.
Very important: when submitting the application, you will need to indicate the actual status regarding your "niekaralność" (criminal record). There you will need to state whether you are imprisoned, under investigation, or if an administrative offense proceeding is ongoing.
It is necessary to indicate the actual state of your affairs. Because even if you resolve this issue with the Urząd, there will be grounds to issue a refusal based on the submission of false information.
Unfortunately, foreigners are very superficially familiar even with the legislation of their own country, and only qualified specialists can figure out all the intricacies of Polish laws. In addition, the situation is often complicated by a lack of language proficiency and translation difficulties.
That is why, if you need help and do not intend to give up on your decision to stay legally in Poland, it is best to contact a specialist.
Spravochnik Immigranta always conducts consultations at a high professional level and helps you figure out even the most complex situations!
