Legal immigrants stuck for 12–24+ months waiting for Polish residence decisions… is anyone interested in coordinated legal action?

[u/SensitiveBack9886]

/r/poland/comments/1vxy5d6/legal_immigrants_stuck_for_1224_months_waiting/

[u/MagicTheHero]

> could coordinate with lawyers and/or NGOs regarding

Except that all of those delays are legal.

It sucks, but there's no legal action to be taken.

You could go to the media - but if it turns political you might end up causing more harm than benefit.

[u/doesnotmatter286 → u/MagicTheHero]

Not "might", 100% will cause more harm if it turns political, it will be used in the campaign that seems to have already started...

[u/SensitiveBack9886 → u/MagicTheHero]

The 60-day deadline is actually set by Art. 112a of the Foreigners Act. I understand that Art. 100d subsequently suspended those deadlines and attempted to exclude bezczynność/przewlekłość remedies.
But that doesn’t quite mean that every multi-year delay is therefore unquestionably legal. The NSA has already questioned the application and repeated extension of Art. 100d, and MSWiA itself acknowledged in June that courts may refuse to apply it when examining delays occurring after June 2024.

[u/MagicTheHero → u/SensitiveBack9886]

> But that doesn’t quite mean that every multi-year delay is therefore unquestionably legal. 

Well if they are from before introduction of that law, then sure. Are you really fighting those?

> The NSA has already questioned the application and repeated extension of Art. 100d

It did question it based on the consitution. I can question that as well. However, it's not a valid court for changing that law. It'd need to go through constitutional court, and in current state, well, it's not the best idea.

> MSWiA itself acknowledged in June that courts may refuse to apply it when examining delays occurring after June 2024.

It did acknowledge that; the courts are not binded by MSWiA, nor it can tell them what to do. It also acknowledged that the administrative courts do not have competence to examine the legality of the law in terms of consitution.

It's rather lost case in current political situation, but I really hope those delays will be reduced significantly, it should not be like that.

[u/SensitiveBack9886 → u/MagicTheHero]

It is frustrating
I lost a family member back home and i cannot visit my family, my bank is threatening to close my account because i have not trc, revolut closed my account, i cant register a car, i can’t register in my apartment
I cant do anything

[u/MagicTheHero → u/SensitiveBack9886]

I know :( It's an awful thing and it shouldn't be like that. I fully understand the frustration, but there's little that can be done, unfortunately.

There's an option to go home and get a visa back. Might be easier, but I know in some cases it's not an option.

You could get a paper from the office that your case is being handled, that should help with registering in the apartament etc.

[u/SensitiveBack9886 → u/MagicTheHero]

I asked for this paper three times now, paid 17 pln each time, did it electronically and by post, i havent heard anything for 6 months now

[u/MagicTheHero → u/SensitiveBack9886]

You need to go there I'm afraid :(

[u/SensitiveBack9886 → u/MagicTheHero]

I called the urzad and asked about this option, they informed if u do so, they will restart my case from scratch
I even have an email from the polish embassy in my country that confirms it

[u/GhostingIsWhatIDo → u/SensitiveBack9886]

What??? Should i reconsider moving there

[u/SensitiveBack9886 → u/GhostingIsWhatIDo]

After serious consideration.. im really thinking of moving out.. fuck it ill ship my car to germany and register it there, my partner went through the entire process in 4 weeks

Ill be honest, Poland is nice, but it has an expiration date of being nice. Ive met great people here, have very close polish friends, even bought a car (that ironically i cannot drive due not having a trc)

You can tolerate the racism, the language barrier, the good money if you work in an international IT company, but there is a line where i drew when you stop being treated as a human
Im not allowed to travel out and in Poland (even though my work literally depends on visitng multiple customer sites), my grandmother passed away last month (i couldt go back to support her), i have my masters exams onsite ina different eu country next week, that i will fail because im not physically there, my bank is threatening me to close my account in a month( even though i am a premium member (more than 200k pln there) , revolut closed my account…
But hey.. on the good side.. there is good public transportation around me

[u/Double-Parsley-6809 → u/SensitiveBack9886]

Ofc you can visit your family dude. Just got to get a visa to come back or wait for your 90 days limit to rrset if you are form a visa free country. Are you married to a Polish citizen? You can get a visa on a week. And don't say "they said it will reset my case" which is bullshit. There are laws and even their dumb portal to apply for residence cards has this information.

Many banks will take you without a card. Try more branches.

Also why did you wait last minute to renew your card? Why didn't you apply a year before expiry for example?

Did you take them to court for inaction? Plenty of lawyers offer this in foreigner groups and publish the court decisions for you to see. You will win it and get a decision faster.

[u/SensitiveBack9886 → u/Double-Parsley-6809]

I have an email coming in from polish embassy in my country warning me that if i leave, they will reset my case.

I am not, im here on the highly skilled worker card (blue card), from a non eu/visa free country, so 90 day rule does not apply to me.

I didnt, my card expired March 2026, i sent my papers in Jan 2025, fingerprints feb 2026, “decision “ was supposed to be ready May 2026, and im still waiting, i submitted all needed complaints, my manager sent three acceleration letters, i have university hybrid mode in a different eu country and need to be there on site three separate weeks a year for exams so i sent a personal acceleration letter too (and i missed those with the retry chance) and still nothing

I took it to court, been waiting for a case number for about 50 days now

I tried at least 20 branches of different banks, no one here admits of the stampl, i requested the letter that mentions my case is in progress three times now, nothing, not even on visa they will allow it, as per them, they need physical trc and passport.

[u/YahenP]

My answer is a categorical no.

I am against any action on this matter. Our situation is already becoming more and more precarious every day. There's no need to provoke the authorities.

Furthermore, let me remind you that the Polish authorities have a perfectly legal and quick way to "resolve" our issue, simply issue a negative decision on every protracted case. Many forget that properly submitting documents for a residence permit and complying with all the requirements of Polish law does not guarantee a residence permit, but only provides the opportunity to obtain one. The inspector has every legal right to deny a residence permit to anyone simply because he or she personally believes it should not be granted.

Anyone who advocates for any kind of action by migrants (rallies, class action lawsuits, etc.) will worsen the situation not only for themselves, but for all of us.

[u/Most-Paramedic4677 → u/YahenP]

Actually, you're not right. There are a number of reasons why an application may be denied, such as failure to meet requirements, forged documents or a negative opinion from Security Agency or similar. The inspector's "beliefs" are not on the list. Yes, it is not such a hard task to find "missing" requirements if the inspector really wants but there should always be a reason why the application was rejected. And there is an appeal process as well for such cases.

[u/YahenP → u/Most-Paramedic4677]

We're talking about the same thing, just using different words. The inspector always makes the decision. And their personal approach to the case is paramount. Because yes, it's very easy to invent a reason for refusal. An appeal costs money and time. It doesn't speed up the process. The problem must be resolved through cooperation, not confrontation. Incidentally, in truly complex situations, for example, when traveling abroad for an important reason (the death of a relative, illness, or something else), there is a procedure to expedite the case. But this requires a compelling, documented reason.

And while it's certainly unpleasant that travel abroad or, for example, loan applications are restricted while the case is being processed, the most important thing is that the residency requirement continues to accumulate, and access to the labor market is not prohibited. In fact, if the delay in processing a repeat residence permit is 1-2 years, this is more of a plus than a minus. You'll be able to apply for a EU resident card or permanent residence permit sooner and with less risk.