Below is a detailed overview of the grounds for losing legal status in Poland, legal procedural aspects, and effective defence strategies.
Main Grounds for Revoking a Visa and Residence Card
The Voivode or the Commander of the Border Guard is required to initiate proceedings to revoke a permit (Cofnięcie zezwolenia na pobyt / Unieważnienie wizy) when certain legal grounds exist.
It is discovered that the foreigner did not start working for the employer specified in the permit, or was dismissed and failed to notify the Office (Urząd) about this. Similarly — expulsion from a university.
Submission of false rental agreements (umowa najmu), forged bank account statements, inaccurate income information, or concealing a criminal record.
The foreigner is entered into the SIS (Schengen Information System) or the list of persons whose stay is undesirable (police calls, criminal convictions, failure to pay taxes).
Divorce when holding a residence permit on family-related grounds, closure of a business when holding a residence permit based on business activity, or leaving Poland permanently to reside in another country.
Critical Importance of Deadlines and Consulting a Lawyer
Receiving a decision (decyzja) revoking a document or a notification of the commencement of proceedings (zawiadomienie o wszczęciu postępowania) triggers strict procedural deadlines. In Polish immigration law, time is the key factor.
It is extremely important to contact a qualified immigration lawyer within the first days or hours after receiving the notification and not to miss the procedural deadlines.
The standard deadline for filing an appeal (odwołanie) against a decision of the Voivode is only 14 days from the date it is delivered (personally or by mail). If you miss this deadline without a valid reason, the decision becomes legally binding, and you lose the right to stay legally.
A Professional Lawyer Helps:
Submit a request to inspect the case files (wgląd w akta sprawy) in order to find out the actual reason for the authority’s claims.
Document the status of legal stay for the period during which the appeal is being considered (stamp in the passport).
Properly prepare and submit an appeal to the Head of the Office for Foreigners in Warsaw (Szef Urzędu do Spraw Cudzoziemców).
If necessary, apply for restoration of the missed deadline (przywrócenie terminu) if the delay occurred for objective reasons (for example, illness).
Defence Strategy: How to Defend Your Rights
If the authorities have initiated proceedings to revoke the document, it is necessary to move to active legal action.
1. Notifying the Office (Submitting an Application to Report a Change in Circumstances):
After dismissal, you have 15 working days to notify the Voivode and 30 days to submit the required set of documents for a new employer. This prevents the residence permit from being revoked.
2. Gathering Evidence (Preparing Documents):
Collect actual evidence of your activities: payslips (ZUS DRA, PIT), work-related correspondence, and proof of payment of housing costs and taxes.
3. Filing an Appeal (Challenging the Decision before the Head of the Office for Foreigners):
A reasoned appeal must be filed within 14 days, indicating procedural violations by the primary authority.
4. Judicial Appeal (Action before the WSA and NSA):
If the appeal is rejected, a complaint may be filed with the Voivodeship Administrative Court (Wojewódzki Sąd Administracyjny). During the court proceedings, it is possible to request suspension of the enforcement of the deportation decision.
Conclusion:
The main rule when facing the threat of losing legal status is not to ignore letters from the Office (Urząd) and to act immediately within the framework of legal procedures.
