Foreigners Face Months of Waiting for Decisions as the Ombudsman Warns the System Will Not Solve the Problem

The Polish Ombudsman intervenes yet again over protracted residence legalization procedures for foreigners, warning that the launch of the Case Handling Module falls short of fixing deep-seated delays.

Ombudsman Intervenes Over Protracted Residence Procedures

The Commissioner for Human Rights is intervening once again regarding protracted proceedings concerning the legalization of stay for foreigners. In the Ombudsman’s view, the launch of the Case Handling Module is insufficient to effectively resolve the problem of long waiting times for decisions.

The Ombudsman’s Office recalled that it has been monitoring the issue of protracted legalization proceedings for foreigners, noting that since October 2024, the Ombudsman has repeatedly raised the issue with the Ministry of Internal Affairs and Administration regarding foreigners being deprived of legal remedies to counteract inactivity and protracted proceedings.

Systemic Solutions Needed Beyond Digitalization

On July 17, the Ombudsman addressed the ministry with another letter on this matter, where the then-deputy Ombudsman Wojciech Brzozowski expressed the belief that launching the Case Handling Module seems inadequate in light of numerical data and complaints received by the Ombudsman.

The digitization of the application submission process can reduce administrative burdens related to case registration and completing formal deficiencies, but it will not solve problems at subsequent stages of the procedure, especially those related to insufficient staffing resources in provincial offices. The implementation of the module should be accompanied by systemic solutions covering the entire course of the procedure rather than solely its initiating stage.

Inquiries Sent to the Ministry Regarding Delays

The Ombudsman asked the Ministry of Internal Affairs and Administration whether the implementation of the system is the only action taken to shorten legalization procedures, or if further legislative, analytical, or organizational work is underway or planned to streamline the processing of these cases by voivodes, especially in light of the Supreme Administrative Court’s jurisprudence.

In June 2026, the Ombudsman asked the ministry whether it is conducting legislative, analytical, or conceptual work concerning the resolution of long-term proceedings. Furthermore, attention was drawn to rulings by the Supreme Administrative Court stating that the provisions of the act on assistance to citizens of Ukraine do not apply to every residence legalization case.

Court Rulings and High Volume of Applications

Consequently, the Supreme Administrative Court ruled that further extension of deadlines under the act on assistance to citizens of Ukraine may have violated the principle of proportionality and thus contradicted provisions of the Polish Constitution and the Charter of Fundamental Rights of the European Union. In its response, the ministry admitted that despite formal provisions and the suspension of case processing, there is a high probability that a provincial administrative court reviewing a complaint about inactivity will refuse to apply this provision.

The ministry emphasized that since the beginning of Russia’s armed aggression against Ukraine, there has been a significant increase in applications for residence permits not directly related to temporary protection. In 2021, a total of 361,322 temporary residence permit applications were submitted to all voivodes, rising to 486,927 in 2022 and 553,057 in 2023. Although 2024 saw a temporary decrease to 460,921 applications, the total reached 508,109 in 2025, with 56.5 percent coming from Ukrainian citizens, thereby representing a key factor affecting voivodes’ workload.