Residence card refused: how to write an odwołanie within 14 days

An envelope from the voivodeship office, inside a decyzja several pages long. The first word that jumps out is "odmawia". Refused. After a year of waiting. The usual reaction is panic and the thought that everything has to start over — or that it's time to pack.

In fact, a voivode's refusal is a first-instance decision, not the end of the case. You can file an odwołanie against it, and quite a few cases end positively after an appeal or are sent back for reconsideration. The main thing is not to miss the deadline, because it's very short.

Deadline: 14 days from delivery

An odwołanie must be filed within 14 days from the day you received the decision. Not from the date on the decision, but from the day of delivery: your signature for the postman, collection at the post office or at the office. If the letter sat at the post office and you didn't collect it, the decision is deemed delivered when the holding period ends — and your 14 days have already started.

Count calendar days. If the last day falls on a Saturday, Sunday or public holiday, the deadline moves to the next working day. It's safer to file early than to rely on that.

Where and how to file

• Addressee. The odwołanie is addressed to the Head of the Office for Foreigners (Szef Urzędu do Spraw Cudzoziemców), but filed through the voivode who issued the decision.
• Method. In person at the office (get a stamped copy), by registered letter via Polish Post (the posting date counts as the filing date), or electronically if the office accepts documents via ePUAP.
• Fee. There's no stamp duty for the odwołanie itself.
• Language. Polish. It can be simple — what matters is that it's clear what you disagree with.

What to write in the odwołanie

The law doesn't require a special form, but a good appeal contains:

1. Your details — name, address, case number and date of the decision.
2. A clear request — to overturn the decision and grant the permit, or to send the case back for reconsideration.
3. Arguments — a point-by-point answer to each reason for refusal given in the decision.
4. New evidence — documents that were missing: a new contract, proof of income, proof of insurance.
5. Signature and date.

The most common reasons for refusal worth answering with documents: insufficient income, problems with the employer (didn't confirm employment, doesn't pay ZUS), no insurance, doubts about the purpose of stay.

Refusal vs "left unexamined"

These are different things. If you didn't supply documents the office requested, your application may be pozostawiony bez rozpoznania — left unexamined. That's not a refusal decision, and an odwołanie isn't filed against it. In that case you usually have to submit a new application and deal with the legality of your stay separately. Read carefully what exactly you received.

Is your stay legal during the appeal

If your residence card application was filed on time — while your stay was legal — and you have a stamp in your passport, your stay remains legal until the final decision, which includes the appeal period. But the stamp doesn't let you leave and re-enter without a visa the way a residence card does.

Your right to work during the appeal depends on the basis on which you were working before. Check this with your employer or a lawyer so you don't break the rules.

What happens next

• Voivode's self-review. If your arguments are convincing, the voivode can change the decision before passing the case on.
• Decision of the Head of UdSC. They can uphold the refusal, overturn it and grant the permit, or send the case back. In practice the wait can be long — several months or more.
• Court. If the second instance also refuses, you can file a complaint with the voivodeship administrative court (WSA) within 30 days. A court fee applies here, and it's better to have a lawyer.
• Leaving. After a final refusal, the decision usually obliges you to leave within 30 days unless you have another basis for staying.

Alongside the appeal, it's often worth thinking about a plan B: another basis for a residence card, if you have one.

Checklist after a refusal

• Delivery date. Write it down and count the 14th day.
• Reasons. List each reason for refusal from the decision separately.
• Documents. Gather evidence for each reason.
• Filing. In person with a stamp on your copy, or by registered letter.
• Document type. Make sure it's a decyzja, not "pozostawienie bez rozpoznania".
• Lawyer. In a complex case or a refusal on security grounds, get advice.