Delays in residence permit proceedings in Poland are among the most common problems faced by foreigners. Prolonged waiting times for a residence permit decision often raise concerns regarding legal stay, employment, and everyday functioning in Poland. From the perspective of applicants, the key issue remains the residence permit delay in Poland and the ability to obtain a decision within statutory deadlines.
This article analyzes the applicable legal framework governing residence permit delays, including the suspension of procedural deadlines introduced in connection with the conflict in Ukraine. Particular attention is given to the legal remedy of a complaint against the inactivity of the voivode, which may be filed to an administrative court when residence permit proceedings take excessively long.
How long should residence permit proceedings take in Poland?
The statutory deadlines for handling cases concerning the residence of foreigners are set out in the Act of 12 December 2013 on Foreigners (consolidated text: Journal of Laws of 2025, item 1079, as amended):
- Temporary residence permit – a decision should be issued within 60 days (Article 112a of the Act on Foreigners).
- Permanent residence permit – the deadline for issuing a decision is 6 months (Article 210 of the Act on Foreigners).
- EU long-term resident permit – a decision should be issued within 6 months (Article 222d of the Act on Foreigners; provision added by the Act of 21 November 2025, Journal of Laws of 2025, item 1794; this provision has not yet entered into force).
The Act specifies in each case when these deadlines begin to run. Where a residence permit delay occurs and proceedings exceed statutory time limits, foreigners may be entitled to take legal steps, including submitting a reminder notice (ponaglenie) and a complaint against the inactivity or excessive length of proceedings before an administrative court (skarga na bezczynność lub przewlekłe prowadzenie postępowania).
Suspension of residence permit deadlines until 4 March 2026 – what does Article 100d mean?
The suspension of deadlines in cases concerning the residence of foreigners is governed by Article 100d of the Act of 12 March 2022 on assistance to Ukrainian citizens in connection with the armed conflict on the territory of that state (consolidated text: Journal of Laws of 2025, item 337, as amended).
This provision, amended multiple times, introduced the following rules directly affecting residence permit delays in Poland:
- Period of suspension – until 4 March 2026. During this period, the running of deadlines in cases concerning temporary residence permits, permanent residence permits, and EU long-term resident permits does not commence or is suspended.
- Scope – applies to proceedings concerning the granting, amendment, and withdrawal of residence permits.
- Procedural effects during the suspension:
- provisions on the inactivity of the authority do not apply (Article 100d(3)(1)),
- the authority is not required to notify the applicant about exceeding statutory deadlines (Article 100d(3)(1)),
- no financial sanctions or fines may be imposed for failure to issue a decision on time (Article 100d(3)(2)).
Under the Act, delays or lack of action by the authority during this period cannot, in principle, serve as grounds for legal remedies based on inactivity or excessive length of proceedings.
In practice, this has meant that many foreigners experiencing a residence card delay in Poland were left without an effective administrative remedy.
Administrative court case law on residence permit delays
Against the background of Article 100d of the Act of 12 March 2022, an extensive and initially inconsistent line of administrative court case law has developed regarding the admissibility of complaints against inactivity and the excessive length of proceedings in residence permit delay Poland cases.
In several recent rulings, the Supreme Administrative Court (NSA) indicated that further extensions of the suspension of deadlines for handling residence permit cases after 30 June 2024 are no longer justified by extraordinary circumstances related to the armed conflict in Ukraine. According to the NSA, such a far-reaching limitation on the right to a court in cases of inactivity and prolonged residence permit delay Poland violates the principle of proportionality as well as constitutional and EU guarantees of the right to an effective legal remedy (see, e.g., NSA rulings of 19 May 2025, II OSK 2921/24; 3 July 2025, II OSK 3117/24; and 25 September 2025, II OSK 2646/24).
This means that in the case of proceedings that take too long, foreigners can assert their rights before an administrative court, regardless of the special legal rules regarding the running of deadlines.
Complaint against the inactivity of the voivode in residence permit delay cases
Where residence permit proceedings in Poland take too long or no decision is issued for an extended period, foreigners may consider the following legal remedies:
- submitting a reminder notice (ponaglenie) to the higher authority (in residence permit cases, this is the Head of the Office for Foreigners – Szef Urzędu do Spraw Cudzoziemców);
- filing a complaint against the inactivity or excessive length of proceedings with the competent administrative court (skarga na bezczynność lub przewlekłe prowadzenie postępowania).
Summary
Although statutory deadlines for residence permit proceedings remain formally suspended under Article 100d of the Act on assistance to Ukrainian citizens, recent administrative court rulings confirms that foreigners affected by excessive residence permit delays in Poland may still have the right to file a complaint against the inactivity of the voivode.
The effectiveness of such a complaint depends on the individual circumstances of the case and the legal arguments presented. Therefore, each case of residence permit delay requires an individual legal assessment.
This article is intended for informational purposes only and does not constitute legal advice. For assistance in individual cases, we encourage you to contact our law firm directly.
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