EU Court: Poland Cannot Indefinitely Postpone The Processing Of Residence Permit Cases
- 13.11.2026, 8:24
After December 31, 2022, a massive influx of refugees can no longer be considered an unforeseen circumstance.
The Court of Justice of the European Union has ruled that Poland cannot indefinitely postpone the processing of residence permit applications due to the influx of Ukrainian refugees. The court notes that EU countries do indeed have the right to deviate from established deadlines in extraordinary and unforeseen circumstances, but after December 31, 2022, the mass influx of refugees can no longer be considered unforeseen. Immigration lawyer Olga Vinnik drew attention to the ruling, writes MOST.
What Is a Stay of Proceedings in Residence Permit Cases
In 2022, Article 100d was included in the special law on assistance to Ukrainian citizens, under which the time limits for regional governors to review residence permit cases are suspended. This means that applications are reviewed and decisions are made, but the established time limits do not apply, and the agency is not fined for delayed decisions. This procedure has been in effect since March 2022 and is continuously extended. Most recently, it was extended until March 2027.
Why the Court of Justice of the European Union examined this issue
Olga Vinnik recalled that in April 2024, a foreign national filed an application for a temporary residence permit for the purpose of studying. He did not receive a decision and, in November of that same year, filed a complaint with the administrative court alleging inaction on the part of the voivode. The voivode cited Article 100d. The Administrative Court in Gliwice questioned whether such regulation was consistent with EU law and referred the matter to the Court of Justice of the European Union.
What the Court Ruled
The Court of Justice of the European Union noted that, as a general rule, cases regarding residence permits for study purposes must be decided within 90 days. If circumstances of force majeure prevented national authorities from properly conducting an examination and rendering a decision within the specified time limit, the EU Member State cannot be held responsible for failing to meet the deadlines.
However, it may invoke force majeure only for the period necessary to resolve such circumstances.
“Meanwhile, it does not appear that, after December 31, 2022, the mass influx of persons displaced as a result of the Russian Federation’s aggression against Ukraine could be considered unforeseen. Nor does it appear to have been established that the suspension, provided for under national law, of the provisions concerning the inaction of an administrative authority until September 30, 2025 (such an extension was in effect at that time. — Note by MOST) demonstrates that the EU Member State exercised the necessary prudence to resolve this situation,” states the published summary of the court’s decision.
Although the ruling is significant, it pertains to a specific case. That is, it does not in and of itself provide grounds for repealing the provision. It should be noted that courts in Poland have themselves sided with foreign nationals, pointing out that a provision that deprives a person of the opportunity to challenge the inaction of a government agency is contrary to the Polish Constitution. However, decisions in individual cases have not led to a revision of the general legal framework.