In short
A voivode's decision in a residence case can be appealed to the Head of the Office for Foreigners (Szef Urzędu do Spraw Cudzoziemców). The appeal is filed through the voivode who issued the decision, within 14 days of its service (Art. 129 § 2 of the Code of Administrative Procedure). The decision of the Head of the Office can be challenged before the Regional Administrative Court (WSA) in Warsaw within 30 days of its service, through the Head of the Office.
Step 1: appeal to the Head of the Office for Foreigners
- Deadline: 14 days from service of the decision – calendar days, counted from the day after service. If the last day falls on a public holiday or a Saturday, the deadline moves to the next working day. A decision not collected despite two postal notices may be deemed served.
- Route: the appeal is addressed to the Head of the Office for Foreigners but filed through the voivode who issued the decision.
- Content: it is enough to state that you disagree with the decision, but an effective appeal answers the specific reasons for refusal and presents evidence – including new evidence, such as a current employment contract or lease.
- Outcome: the appeal authority may uphold the decision, set it aside and decide the case itself, or set it aside and send the case back for reconsideration.
If the deadline was missed through no fault of your own, you can apply for its reinstatement within 7 days of the cause ceasing, filing the appeal at the same time.
Step 2: complaint to the Regional Administrative Court
A complaint against a decision of the Head of the Office for Foreigners goes to the Regional Administrative Court in Warsaw, filed through the Head of the Office, within 30 days of service of the decision (Act of 30 August 2002 – Law on Proceedings before Administrative Courts). The court reviews whether the decision is lawful – it does not grant the permit itself, but it can annul a defective decision. A court fee is payable; a person in financial difficulty can apply for legal aid. A WSA judgment can be challenged by a cassation appeal to the Supreme Administrative Court, which must be drafted by a professional representative, such as a radca prawny.
When the office delays: ponaglenie and complaints about inaction
If the voivode does not decide the case on time or takes longer than necessary, you can file a formal request to address delay (ponaglenie, Art. 37 of the Code of Administrative Procedure), which is considered by the Head of the Office for Foreigners. After filing the ponaglenie, you can file a complaint about inaction or excessive length of proceedings with the regional administrative court.
Bear in mind Art. 100d of the act on assistance to Ukrainian citizens: until 4 March 2027 the deadlines for voivodes to decide residence cases do not run – for all foreign nationals. Whether a ponaglenie and a complaint make sense in your case depends on the dates, the state of the file and current case law; we assess this after reviewing the documents.
Refusal of a CUKR card
A refusal to issue a CUKR residence card can also be appealed to the Head of the Office for Foreigners within 14 days of service, through the voivode. More on CUKR: UKR status and CUKR card. On the residence procedure itself, see residence card.
Frequently asked questions
How long do I have to appeal a residence card refusal?
14 days from service of the decision – not from the date it was issued. The period runs from the day after service. The appeal is filed through the voivode who issued the decision.
Does an appeal cost anything?
The appeal itself is free. If a representative acts in the case, PLN 17 stamp duty is generally payable on the power of attorney unless an exemption applies. Any fee for representation is separate.
Can I add new documents to the appeal?
Yes. The appeal authority reconsiders the case, so it is worth adding evidence that was missing and documents showing your current situation – for example a new employment contract.
What if the appeal deadline has passed?
If the deadline was missed through no fault of your own, within 7 days of the cause ceasing you can apply for reinstatement of the deadline and file the appeal at the same time. The cause must be substantiated, for example with medical records.
Which court hears complaints against the Head of the Office for Foreigners?
The Regional Administrative Court in Warsaw; the complaint is filed through the Head of the Office for Foreigners within 30 days of service of the decision.
Can I file a ponaglenie if the voivode is taking a long time?
That needs to be assessed case by case. Until 4 March 2027, Art. 100d of the special act provides that the deadlines for voivodes to decide residence cases do not run, and a long wait alone does not decide whether a formal request to address delay (ponaglenie) or a court complaint will succeed. We check the course of the proceedings and current case law.
Law and information as of October 2026.