e-LEGAL ADVICE

ruplen
30 07 2018

Here in Kraków, visiting the Office for Foreigners in the wee hours of the morning to get the precious number that would enable us to get some information on applying for a residence permit or receive a decision became our everyday reality. So did, sadly, waiting for months to get a residence permit.

It’s interesting to know then, that administrative courts seem to take a clear stance on the obligation to hear the case and issue a decision in a timely manner.

In march this year, the Administrative Court in Szczecin ruled in favor of the Applicant who appealed against the way the Office for Foreigners dealt with the case for a residence permit, arguing that the length of the proceedings was excessive. Representatives of the Office for Foreigners explained, inter alia, that due to large influx of applications each inspector dealt with approximately 530 applications during the first half of the year.

The Court though did not take that explanation into consideration, indicating that the large influx of applications is not incidental in its nature but is a result of a wider phenomenon, namely high demand on the labor market. Therefore – said the Court – the Office should be organized in a way that enables it to act without delay and applicants cannot bear the burden of the improper organization or staff shortages.

We do hope that the case law will positively affect our reality with benefit to both inspectors and applicants.

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