In short
- The legal deadline for a temporary residence decision is 60 days from a complete application.
- The deadline is formally suspended until 4 March 2027, but courts still hear complaints about delay.
- A ponaglenie comes first; only then can the administrative court order the office to decide.
Most people who apply for a residence permit in Poland wait far longer than the law says they should. Here is what the rules actually are in 2026, why decisions take so long, and what you can do about a case that has stopped moving.
What the law says: 60 days
Under the Act on Foreigners, the voivode should decide on a temporary residence permit within 60 days. The clock does not start on the day you file. It starts on the latest of these events: your application is complete, you have fixed any formal defects, or you have handed in the documents the office asked for. An appeal to the Head of the Office for Foreigners should be decided within 90 days.
For permanent residence and the EU long-term resident permit, the deadline is six months.
Why cases still take many months
Since 2022, the Act on assistance to citizens of Ukraine has suspended these deadlines in residence cases handled by voivodes. The suspension covers temporary residence, permanent residence and EU long-term resident permits, for applicants of every nationality, not only Ukrainians. While it lasts, the office does not have to tell you that it missed a deadline, and it cannot be fined for the delay.
The suspension has been extended several times. According to the Commissioner for Human Rights (the Ombudsman), writing to the Interior Ministry on 1 June 2026, it now runs until 4 March 2027. The Ombudsman warned that, in practice, residence proceedings can last for an indefinite time.
Is this your situation? Two minutes will tell.
Courts have pushed back
The Supreme Administrative Court (NSA) has ruled, in judgments of 13 June 2025 and 16 February 2026, that extending the suspension beyond 30 June 2024 was disproportionate. It also held that the suspension does not stop the courts from hearing complaints about an office's inaction or about proceedings that drag on. Some regional courts now count the statutory deadlines as running again from 1 July 2024.
In other words, the suspension is still on the books, but you are not without remedies.
Step 1: a formal complaint about delay
The first step is a ponaglenie (a formal complaint about delay), under the Code of Administrative Procedure. It is addressed to the higher authority, which in residence cases is the Head of the Office for Foreigners, but you file it through the voivode handling your case.
- File it after the deadline has passed. A ponaglenie filed before then can be left unexamined.
- Explain why the case is late: give dates, what you filed, and what has happened since.
- The voivode must forward it within 7 days, and the higher authority then has 7 days to decide.
A well-prepared ponaglenie often gets a case moving on its own. It is also the condition for the next step: a court will not hear your complaint without it.
Step 2: a complaint to the administrative court
If the case is still stuck, you can file a skarga na bezczynność (a complaint about inaction) or a complaint about protracted proceedings to the voivodeship administrative court (WSA). You file it through the voivode, and you attach proof that you filed a ponaglenie first. You do not have to wait for the answer to the ponaglenie.
In 2026, courts have ordered voivodes to decide within 30 or 60 days, awarded the applicant their costs and, where the delay was flagrant, a sum of money. The court does not grant the permit itself; it makes the office decide.
While you wait
Your stay stays legal if you filed a complete application before your previous visa or permit expired. Since 27 April 2026, applications go through MOS, and after your visit to the office you can download a certificate that confirms you applied. It is not a travel document, so plan trips carefully. Read your rights while you wait for the details.
Answer every letter from the office within its deadline. If you miss a deadline to complete your application, the office can leave it unexamined, which is worse than a slow decision.
A change that may come
A government draft amendment (UD408), published in May 2026 and sent for consultation in July, would introduce tacit approval: if the voivode does not decide within 60 days of a complete application, the permit would count as granted. It would apply only to citizens of selected countries named later by the government, and not to anyone listed in the Schengen Information System. It was not law when we checked.
If your case has gone quiet, we check the dates, prepare the ponaglenie and, when needed, the court complaint with our partner attorneys. See case acceleration.
Questions
Yes, if you filed a complete application before your previous visa or permit expired. After your visit to the office you can download a certificate from MOS that confirms it. The certificate is not a travel document.
After the deadline for the decision has passed. Filed too early, it can be left unexamined, as at least one voivode office has done.
No. The administrative court can order the voivode to decide within a set time and, in serious cases, award you a sum of money. The decision itself stays with the office.
Sources
Written by Legacy Advisory team
General information, not advice on your case. Rules change; check the date above.