Most deportation cases do not start with detention, but with a failed attempt at residence legalisation: refusal of a temporary residence permit (zezwolenie na pobyt czasowy), discontinuation of the proceedings, expiry of a visa while waiting for a decision, or loss of the employer named in the application. Only once the refusal becomes final does the Border Guard (Straż Graniczna) gain grounds to initiate return proceedings.
Grounds for residence that we analyse
- a temporary residence and work permit (single permit),
- temporary residence for the purpose of running a business,
- temporary residence for a family member of a Polish or EU citizen,
- temporary residence for the purpose of study or research,
- a permanent residence permit and EU long-term resident status,
- leave to stay on humanitarian grounds and tolerated stay,
- temporary protection and special arrangements for Ukrainian citizens.
The most common reasons for refusal
- formal deficiencies in the application and failure to supplement documents within the deadline,
- lack of a stable and regular source of income or health insurance,
- the authority's doubts about the real purpose of the stay,
- loss of employment with the employer named in the application,
- a marriage found to have been entered into for appearance's sake,
- an entry in the register of undesirable foreigners or a SIS alert.
Path of defence
Appeal to the Head of the Office for Foreigners
The appeal is filed within 14 days of delivery of the decision, through the Voivodeship Office (urząd wojewódzki). Alongside the legal objections, we present new documents: current contracts, proof of income, evidence of shared life, insurance certificates.
Complaint to the Voivodeship Administrative Court
If the appellate authority upholds the decision, a complaint to the Voivodeship Administrative Court (wojewódzki sąd administracyjny, WSA) is available within 30 days. The court examines whether the ruling complies with the law, in particular the correctness of the factual findings and reasoning.
Parallel defence against a return decision
If return proceedings are already underway in the background, we run them in parallel — see return decision and the full description of the deportation procedure.
How we help
We analyse the decision and the case file, point out realistic chances and evidentiary gaps, prepare the appeal or complaint, correspond with the authority and represent the client until the case is concluded. We handle cases across Poland, remotely — documents can simply be sent as photos or scans.