Why Immigration office rejects TRC applications and what are the chances to get residence after appeal?
Year to year Immigration Offices in Poland are issuing more and more positive decisions to the applicants. Just see the statistics:
- In 2017 – 103 220 people
- In 2018 – 114 036 people
- In 2019 – 139 340 people
- In November 2020 – 123 985 people
The amount of applications is growing. It means that Poland is very potential country for the foreigners in building future here.
From the other side is amount of negative decisions which is growing as well:
- In 2017 – 12 567 people
- In 2018 – 26 908 people
- In 2019 – 32 840 people
- In November 2020 – 33 941 people
We expect that in 2020 total amount of negative decisions will be 35 400.
By the way, 271 Mexicans submitted their TRC applications in 2020 and 32 Mexicans got a refusal. That statistic is taken from h
Anyway, we want to secure those people who are applying for their Temporary Residence Card in Poland. Let’s check why people are getting refusals:
1. Missing documents
It means that you’ve delayed to submit documents or they were not following the requirements of Office of Foreigners.
After submission of all formal defects (like fingerprints, passport, attachment nr.1, photos) you normally get a letter with a summons which you have to submit within a settled period. If you will neglect it – they can give a negative decision very fast.
2. University or Employer is blacklisted
It means that your application is connected with them and now they are not passing through the system to be accepted by the Immigration Office.
Sometimes there are orders from the government to check the educational bodies for their licenses. Those universities who are not prolonging license on time are putting their students at risk.
Another thing is company verification. The immigration office can give orders to Border police to check if the company really has a workplace for you. They can simply blacklist the company if at the moment of workplace verification there are illegal workers.
3. Illegal stay
It means that you’ve submitted a TRC application while being illegal in Poland. It happens very often, when people are getting a rejection, submitting an appeal, and then after some time applying again without checking if the old case still in progress. They can be in a trap if they submit a new case on the basis of the old one which has already finished.
4. Police couldn’t check your place of living
It means that they couldn’t identify your address in their system. Maybe you have mistakenly mentioned the wrong postal code. It really can cause problems, because due to the full overload of the immigration office they do not have much time to invite for an address update. You have to care of by yourself.
5. No strong reason to stay in Poland
It happens, when a reason for stay expires. F.e. students which have last semester want to apply for TRC but due to a short period of studies, they are getting a refusal. In such cases better to submit for Job Search TRC instantly. The same relates to employees whose contract is going to be expired soon.
Check all the 5 risk points above. Check your application documents and fix everything.
In case if you got a negative decision, do not worry. Nowadays Head Office (in Taborowa 33 in Warsaw) is considering the appeals within 3-7 months. Just to compare, in 2018-2019 appeal process could take 24 months. Now they did great work in rebuilding the system of Head Office of foreigners.
Almost 90% of cases which are refused from Immigration Office have chances to be finished with positive decision in Head Office. For that you have to prepare appeal letter with strong arguments and your personal position. You have to attach all the needed original paper proofs to convince Immigration Office and submit it to Immigration Office which have issued you the positive decision. Do not forget to submit 2 copies of appeal letter.
Since November 2020 Head Office implemented sms-notifications for the applicants. They will inform you by sms that your appeal is accepted and considering in 2-3 weeks after it’s submission.
In case of any legal advice, you can always connect with Polish Legalization Centre. All the contacts are mentioned on our page: https://polish-centre.com/residence
