Many foreigners in Poland ask themselves this question after receiving two rejections in their Temporary Residence Card (TRC) application process. Unfortunately, there is no universal answer that applies to all situations. While it’s true that Polish immigration authorities can and do make procedural errors, each TRC case is unique. Therefore, any decision to file a court complaint should be based on a thorough legal analysis with an experienced immigration lawyer in Poland.
If you’re wondering whether pursuing your TRC case in court is worth it, here are some essential points to consider:
When Can You Challenge a TRC Decision in Court?
- You must have received two negative TRC decisions – First, a refusal from the Voivode (the local immigration office), followed by a second rejection from the Head of the Office for Foreigners after your appeal.
- You cannot appeal only the first decision – Court proceedings are only possible after both administrative levels have rejected your application.
- Appeal is mandatory – If you did not appeal the first negative decision, you lose the right to pursue your case in court.
Important Deadlines and Legal Consequences
- 30 days to leave Poland – After the final negative decision, you are legally required to leave the country within 30 days, unless you hold another valid visa or residence permit.
- 30-day deadline to file a court complaint – You must submit your court claim within 30 days of receiving the second negative decision.
What Happens After You File a Court Complaint?
- Filing a complaint does not automatically legalize your stay – Submitting a claim does not extend your legal right to remain in Poland. However, in practice, it may delay any enforcement of deportation while your case is under review.
- The court reviews legality, not your eligibility – The administrative court will assess whether immigration authorities followed proper legal procedures. If your application was correctly processed and simply did not meet the legal criteria, the court will likely uphold the rejection.
- You don’t have to attend the hearing – Your immigration lawyer can represent you in court, so your physical presence is not required during the proceedings.
Is Going to Court the Right Option for You?
Going to court can be worthwhile if there is a strong legal argument that immigration authorities made a procedural or legal error in handling your case. However, litigation is not suitable for applicants whose TRC applications were correctly denied based on legal requirements they failed to meet.
Conclusion: Get Professional Legal Support Before Deciding
Challenging a negative TRC decision in court is a serious and time-sensitive process. While it can lead to a positive outcome in cases involving administrative errors, it requires expert legal knowledge and strategic planning. Before making any decision, we strongly recommend scheduling a consultation with a specialized immigration lawyer in Warsaw. Our team can assess your case, explain your legal options, and represent you throughout the court proceedings.
Contact our immigration law office in Warsaw today to find out if court action is the right next step for your TRC case.
