How Can Foreign Workers Appeal a Work Permit Revocation in Poland?

Appealing a Work Permit Revocation in Poland #

If your work permit in Poland is revoked, you have the right to appeal the decision. Here’s a detailed explanation of the process:

Grounds for Revocation #

First, understand why your permit was revoked. Common reasons include:

• Providing false information during the application.
• Failure by your employer to meet legal obligations (e.g., social security contributions).
• Changes in circumstances that invalidate the permit (e.g., job termination).

The Appeal Process #

1. Notification: You should receive an official notification of the revocation, stating the reasons for the decision.
2. Time Limit: You typically have 14 days from the date of receiving the decision to file an appeal. This deadline is crucial.
3. Submitting the Appeal: The appeal is submitted to the authority that issued the revocation decision (usually the Voivode – the regional governor). The appeal should be in writing and in Polish.
4. Content of the Appeal: Your appeal should clearly state:
• Your personal details (name, address, etc.).
• The decision you are appealing against (reference number and date).
• The reasons why you believe the revocation is unjustified.
• Any supporting evidence (documents, testimonies, etc.).
5. Legal Basis: Cite relevant Polish laws and regulations that support your case. Key legislation includes the Act on Foreigners (Ustawa o Cudzoziemcach) and the Code of Administrative Procedure (Kodeks Postępowania Administracyjnego).
6. Representation: You have the right to be represented by a lawyer or legal advisor. This can be particularly helpful in complex cases.
7. Review Process: The Voivode will review your appeal, considering the evidence you’ve provided and the initial reasons for revocation.
8. Decision: You will receive a written decision on your appeal. If your appeal is rejected, the decision will explain the reasons.
9. Further Appeal: If your appeal is rejected by the Voivode, you usually have the right to appeal to an administrative court (Wojewódzki Sąd Administracyjny). The time limit for this further appeal is typically 30 days from the date of receiving the Voivode’s decision.

Key Legal Acts #

• Act on Foreigners (Ustawa o Cudzoziemcach): This law regulates the entry, stay, and employment of foreigners in Poland.
• Code of Administrative Procedure (Kodeks Postępowania Administracyjnego): This code sets out the rules for administrative proceedings, including appeals.

Important Considerations #

• Language: All documents and proceedings will be in Polish. If you don’t speak Polish, you’ll need a certified translator.
• Legal Assistance: Consider hiring a lawyer specializing in immigration law. They can provide expert advice and represent you in the appeal process.
• Stay in Poland: Depending on your visa status, a revoked work permit might affect your right to stay in Poland. Seek legal advice on this matter.

Resources #

• Polish Office for Foreigners (Urząd do Spraw Cudzoziemców): https://www.gov.pl/web/udsc/
• Polish Border Guard (Straż Graniczna): https://www.strazgraniczna.pl/pl/

Disclaimer: Immigration laws and procedures can change. Always verify the most up-to-date information with official sources or legal professionals.