The process of issuing a decision in Warsaw has a distinctive feature: you can get a decision much faster here compared to other cities. However, this has a flip side.
When applying for a Karta pobytu in Warsaw, instead of a notice that your case has been opened, you receive a call to submit documents. It lists all possible documents required for issuing a decision, regardless of whether you provided them or not. If something is missing in your case, you simply might not be informed about it, and consequently, the case officer will issue whatever decision they deem appropriate based on the gathered materials.
However, these actions violate the fundamental principles of the Administrative Procedure Code, which gives you the right to file an appeal and challenge the issued decision.
In this situation, the following articles are violated:
art. 8 Kpa and art. 9 Kpa, which concern building public trust and providing information so that the applicant does not suffer harm due to ignorance of the law.
And also
art. 10 § 1 Kpa and art. 11, which regulate the requirement to provide an opportunity to review the collected materials and comment on them. Simply put, if you are going to be refused, you must first be informed so that you can challenge this decision.
Violation of the above-mentioned articles leads to the case officer analyzing the case carelessly. This typically violates art. 7, art. 77, and art. 79a of the KPA.
When working with our clients, we carefully draft well-reasoned and strong cover letters pointing to legal acts and establishing our position, specifically what we are claiming.
This minimizes the risk that the case officer will issue a decision at their own discretion. And it gives you the right to appeal the decision not only in case of a refusal, but also when receiving a Card for a shorter validity period.
01How to draft an appeal?
If you received a refusal for your Karta pobytu in Warsaw, to challenge the decision, you must file an appeal within 14 days of receiving the letter. As a rule, you can cite the arguments mentioned above and describe them professionally. This will send your case for review.
Still, to achieve the best result, we recommend playing it safe and consulting with competent specialists.
Once you have explained the reason, you submit your appeal to the Office for Foreigners through the mediation of the Mazovian Voivode.
When the Mazovian Voivode receives your appeal, they draw up an internal memo arguing their position and forward all materials to the Office for Foreigners, where the two positions will be compared during the review process.
If you do not substantiate and confirm your position clearly enough, there is a risk that the Office may side with the voivode.
However, if you competently outline your position and provide all the necessary documents to support your arguments, the Head of the Office for Foreigners will review your appeal and change the decision issued to you.
Please note!
The processing time depends on how you draft this appeal, what arguments you present, and what documents you provide to support them.
To ensure the entire process goes smoothly, we recommend avoiding DIY approaches and trusting professionals with the task. For such purposes, we have partnered with a legal firm that drafts all appeals in professional legal language, in full compliance with legal requirements. We want our clients to have full legal protection, so we do everything we can to make everyone feel confident.
And if you need professional help in drafting such appeals, you can always turn to us for assistance. Spravochnik Immigranta is the #1 consulting service for those in Poland.
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