Why voivod has an obligation to issue a stay permit in 2 – 3 months?
As you may know, the procedure for granting a residence card to a foreigner is an administrative procedure.
What does this mean?
It means that it is subject to the rules provided for in the Code of Administrative Procedure (hereinafter: KPA).
Pursuant to the provision of Article 35 of the KPA, public administration bodies (including the Voivode) are obliged to handle matters without undue delay.
In particular, cases which may be considered on the basis of evidence presented by a party together with a request to initiate proceedings or on the basis of facts and evidence commonly known or known ex officio to the authority before which proceedings are pending, or possible to determine on the basis of data available to that authority, should be dealt with immediately.
How long should it take to process an application for a temporary residence permit?
According to the Code of Administrative Procedure, this should take place within one month at the latest. In the case of a particularly complicated case, the time limit is 2 months from the date of initiating the proceedings. In the case of appeal proceedings, the time limit should be one month from the date of receiving the appeal.
What should be done in the event that this time limit is exceeded?
First, it should be pointed out that a public administration body is obliged to notify the parties of any case when a given case is not dealt with on time – stating the reasons for the delay, as well as indicating a new deadline for dealing with the case and instructing them about the right to file a reminder. The authority is also obliged to behave in such a way in case of a delay in settling a case for reasons that are independent of the authority.
What is a reminder?
A reminder is a legal measure which serves to force a public administration body (a Voivode) to settle a matter, which:
1) did not settle the matter within the time limit (1 – 2 months);
2) conducts proceedings longer than necessary to settle the case.
What does a reminder give?
First, the authority that examines the case may:
1) oblige the authority examining the case to settle the case and set an appropriate time limit for its settlement for this purpose – if the proceedings are still pending;
2) order to explain the reasons and identify the persons guilty of inactivity or protractedness – and, if necessary, also take measures to prevent inactivity or protractedness of the proceedings.
What should I do if a reminder does not work?
In such a situation, we can only file a complaint against the inaction of a public administration body regulated by the Act on Administrative Court Proceedings.
If the court accepts a complaint about inaction or protracted proceedings, it can:
1. Require the authorities to issue a residence card decision within a specified period of time (or not if warranted);
2) obliges the authority to establish or recognize a legal right or obligation;
3) determines that the authority has committed inaction or protracted proceedings.
The court will also determine whether the inactivity of the authority or protracted conduct of proceedings by the Voivode took place with a gross violation of the law.
Edit: After writing that article I had been asked several questions, but one of them was – is that kind of proceeding effectively? Well, the answer is – yeas. The Voivodian Administrative Court is higher instantiation. The Voivodian Office is obliged to give/or not (it depends on the decision) the foreigner a stay card in terms, which court demands.