A refusal at first instance can normally be appealed. The first priority is to establish the legal delivery date and the instructions in the decision. A refusal of residence is not the same document as a return decision issued by the Border Guard; do not transfer deadlines between them.
The ordinary 14-day appeal period
Under Article 129 of the Code of Administrative Procedure, an ordinary administrative appeal is generally lodged within 14 days of delivery. Article 57 excludes the day of the triggering event from the calculation: the following day is day one. If the last day falls on a Saturday or statutory holiday, the relevant extension rule applies.
Use the legally effective delivery date, including delivery to a representative where applicable. Do not rely only on the date printed on the decision or the day you happened to read it. Deemed delivery and electronic delivery can require a closer check.
Read the reasons and instructions
Save the complete decision, not just the first page. Separate the outcome, factual findings, legal reasoning and appeal instructions. Identify which condition the authority considers unmet and what evidence or argument addresses it.
An effective response is specific. If the authority says a fact was not established, explain which document supports that fact and why. Sending a large bundle of unrelated documents can obscure the point you need to make.
Where the appeal goes
For the ordinary voivode residence-refusal route, the higher authority is the Head of the Office for Foreigners. The appeal is submitted through the authority that issued the decision. Follow the prescribed channel, include the necessary identification and signature, and retain proof of timely filing. The Foreigners Act supplies the residence-specific framework.
A preparation checklist
- Complete decision and its case reference.
- Delivery evidence, including the envelope or electronic record.
- Representation details and earlier correspondence.
- The application and evidence already submitted.
- New evidence relevant to the refusal grounds.
- A clear explanation of what you challenge and the result requested.
Do not miss the filing deadline while waiting to make the argument perfect. Have urgent timing and the proper procedural action assessed promptly.
Does an appeal protect my stay and work?
A timely ordinary appeal normally prevents the first-instance decision from becoming final, subject to the applicable rules and exceptions. The effects on your stay depend on the underlying residence situation. Work and re-entry rights must be assessed separately. An appeal should not be described as automatically giving every person permission to stay, work and travel.
If the second-instance decision is negative
A court complaint is a different stage, with its own deadline, formalities and effects. Read the instructions and obtain a case-specific assessment before assuming that a court filing extends the same protections as an administrative appeal.
Contact STAYLEGAL about a refusal with the type of decision and delivery date. We agree the review and representation scope before paid work begins.