Commissioner for Human Rights

For several years, the problem of the prolongation of administrative proceedings by voivodes in cases of legalization of foreigners' residency has been reflected in complaints to the Office of the Commissioner for Human Rights. The number of applications submitted by foreigners is increasing, and Voivodship Offices are faced with an influx of applications with a shortage of staff, making it impossible to resolve cases in a timely manner. 

In 2021-2023, the Supreme Audit Office (NIK) inspected five voivodship offices to examine whether services were correct, efficient and reliable. According to the NIK, as many as 60% of cases were carried out in breach of regulations. The irregularities mainly concerned inaction on the part of the authorities and excessive delays, some of which were serious. According to the NIK, the growing workload, coupled with high staff turnover and low salaries offered to new hires, was one of the reasons for delays and missed deadlines. Staff capacity for these cases was inadequate. The caseload of employees was increasing, especially for residency applications.

There are also other irregularities in the handling of foreigners. As per the NIK, these concerned preventing or restricting foreigners from submitting complete residence applications and violations of rights under the law.  For example, foreigners were not instructed or the fact that they were instructed about their rights and obligations and the procedure was not documented. Additional documents that the office already had at its disposal were demanded from applicants, or documents whose validity had expired before the case was resolved were resubmitted, as well as documents that were not necessary.

In their complaints to the Commissioner for Human Rights, foreigners also raise other problems associated with the duration of the proceedings, such as long waits for appointments to be fingerprinted and to have their passports stamped to confirm the submission of their applications and thus the legality of their stay. Foreigners find it difficult to obtain information about the status of proceedings, and there are also problems when trying to book an appointment through websites. The language barrier remains a challenge in dealing with authorities.

In a lengthy response to the CHR’s request for information on the steps taken to provide timely services to foreigners, the Ministry of Interior and Administration reported, among other things, that work was underway to amend the Law on Foreigners, which would allow for the submission of digital representations of applications by foreigners and waive the requirement to appear in person to submit an application in these procedures.

UPDATE 28.07.2025: From 15 April 2022 to 30 September 2025 (and, according to draft UD249, until 4 March 2026), time limits in proceedings before provincial governors concerning residence permits for foreigners have been suspended. During this period, rules on administrative inactivity, delays, and the duty to inform parties of missed deadlines do not apply. This measure was originally introduced as a temporary response to the increased workload of offices following the outbreak of the war in Ukraine.

The Commissioner for Human Rights argues that these provisions have been repeatedly extended automatically, without assessment of the actual burden on the authorities. In his view, preventing foreigners from complaining about delays or inaction entrenches a lack of accountability among the authorities, while failing to address the fundamental problem of long waiting times for decisions.

The CHR emphasises that improving administrative efficiency should involve strengthening staffing levels and organisational capacity rather than removing legal remedies for applicants. Suspending time limits effectively eliminates judicial oversight of the administration, raising serious constitutional concerns under Articles 45(1) and 77(2) of the Polish Constitution, as well as concerns under EU law.

In April 2025, the Voivodeship Administrative Court in Gliwice referred preliminary questions to the CJEU, observing that the prolonged restriction of foreigners’ rights to effective legal remedies should not be tolerated. The CHR has called on the Minister of Interior and Administration to reconsider the justification for maintaining the current regulations and to examine their compatibility with EU law.

UPDATE 14.08.2025: The Ministry of the Interior and Administration in a lengthy response thanks the Ombudsman for his comments on Articles 100c and 100d of the Aid Act, and confirms that these will be analysed during the ongoing legislative process. The Ministry also indicates that it is awaiting the CJEU's ruling on case C-254/25, which is of key importance for assessing the validity of the provisions in question.

Regarding Article 112a of the Act on Foreigners, the Ministry of Interior and Administration disagrees with some administrative courts' view that it incorrectly implements EU regulations. The Ministry emphasises that this structure remains consistent with the directives, as the obligation of the authority to decide on the case within a specified time limit only arises when a complete application is submitted in accordance with Polish regulations.
 

Polish version: https://bip.brpo.gov.pl/pl/content/rpo-cudzoziemcy-legalizacja-pobytu-przewleklosc-mswia-odpowiedz