In mid-2022, the Act on Assistance to Citizens of Ukraine introduced a provision temporarily suspending the right of foreigners to have their applications for residence permits in Poland examined within the statutory deadline. Initially, authorities applied this provision only to cases concerning Ukrainian citizens. Since the provision was included in a special act concerning Ukrainians—many of whom arrived in Poland within a short time due to the armed conflict in their country—it seemed logical that Polish authorities might have objectively justified difficulties in processing applications submitted by Ukrainians on time. Cases of other foreigners were processed at a normal pace.
Unfortunately, after some time, judgments of the Naczelny Sąd Administracyjny appeared, according to which this provision applies to all foreigners, even those who have no connection whatsoever with Ukraine. These rulings led to catastrophic consequences, as after they were issued, authorities across Poland stopped examining applications submitted by foreigners. Authorities ceased issuing residence decisions, leaving foreigners in a state of permanent uncertainty regarding their legal status.
Since the right of all foreigners to have their residence applications examined within the statutory deadline has been suspended, foreigners currently waiting for decisions cannot file either a reminder (formal request to expedite proceedings) or a complaint about administrative inactivity. They are left without any legal remedy in this situation. Authorities have also stopped informing foreigners when their applications will be processed or, at best, indicate that it will take an extremely long time—for example, two years.
The provision suspending statutory deadlines for handling foreigners’ cases is temporary, meaning the law specifies a particular date until which the suspension applies. However, so far, the legislator has extended this period several times. Until recently, the expiry date of this provision was 30 September 2025. For this reason, foreigners had high hopes that this time the provision would not be extended again. This is not only because the prolonged handling of their residence cases significantly complicates their lives and prevents normal functioning, but also because maintaining this provision no longer seems justified, given that we are not currently experiencing a sudden increase in immigration, and therefore offices should function normally.
Unfortunately, these hopes proved unfounded. On 30 September of this year—the last day the provision was in force—an amending act entered into force, extending its application once again, this time until early March 2026. For now, therefore, the authorities are doing well, while foreigners remain deprived of the right to have their applications examined within a reasonable time.
The question remains: what will happen when this provision eventually ceases to apply? What will the authorities do with the backlog of residence cases, which continues to grow? Could it be that the strategic thinking and planning of decision-makers in this matter do not reach that far?
Image by Freepik
