1. What is “Power-of-Attorney”?
“Power-of-attorney” is a legal document that allows you to appoint a lawyer, attorney or any other natural person that has capacity to enter into legal transactions to communicate and make decisions on your behalf with respect to court proceedings, properties, finances, children and so on.
In immigration cases “power-of-attorney” allows you to officially appoint a person that will represent you in the whole proceeding, take your correspondence from the Immigration Office and guide your immigration case by making decisions on your behalf.
In details, this legal document allows:
- to represent you, your interests and speak on your behalf before not only Immigration Office but also before all public administration bodies in Poland at all stages of your administrative proceedings;
- to represent you in administrative courts, supreme administrative court and other government authorities;
- to arrange all formalities regarding your immigrationn issues;
- to provide all information and submit statements and explanation in your administrative proceedings;
- to sign documents on your behalf that are required in your case;
- to contact officials appointed to resolve your case;
- to receive decisions and any documents regarding your case and so on.
However, it should be mentioned that each Power of attorney is individual and may include different permissions to act on your behalf.
Above we described the basic permissions for our immigration lawyer Patryk Przedziecki and immigration specialists to handle clients’ immigration cases. However, the list of permissions can be both expanded and narrowed depending on your case and desire.
2. The most popular reason for refusal in TRC in Poland!
Do you know one of the most popular reasons for obtaining a negative decision from the Immigration Office regarding foreigners’ TRC in Poland cases?
The reason is simple – foreigners do not receive correspondence from the Immigration Office on time, and according to the laws of Poland, the Immigration Office automatically closes their case.
This situation worsens even more if your visa (visa-free travel period, residence card, etc.) has already expired and you stayed in Poland legally only on the basis of a stamp in your passport or confirmation of sending an application for TRC by mail. After all, leaving your application for a residence permit without consideration gives you only a few days to leave the territory of Poland. If you have not received this notification too, then after a while you may find out that you were illegally staying on the territory of Poland.
3. Who is responsible in this situation? Is it the fault of the applicant or the Immigration office?
Each case is individual. That’s why it is difficult to say whether it’s the fault of the applicant or the Immigration Office.
There are some situations that usually cause this problem:
- Foreigners don’t check their mail boxes regularly.
- Foreigners don’t inform the Immigration Office about the change of their correspondence address on time.
- In case foreigners rent a dorm, hostel or room someone else can take their correspondence.
- Mistakes from the side of employees of Poczta Polska.
4. What is the legal basis of automatic refusal in your residence permit in Poland case?
Pursuant to Article 44 §2 and §1 of the Code of Administrative Procedure of Poland it is considered that in the event of failure to collect the parcel within 14 days from the date of notification, the Service of the Post office is completed. It allows the Immigration Office to leave your immigration case without consideration or issue the negative decision, as you “received” their official request and didn’t complete all the required actions and documents within the prescribed period.
“Pursuant to Article 44 §2 of the Code of Administrative Procedure, the notice of leaving the letter together with the information on the possibility of its collection within 7 days, counting from the date of leaving the notice in the place specified in §1, is placed in the mailbox or, if it is not possible, on the door of the apartment of the addressee, his office or other place in which the addressee performs his professional activities, or in a visible place at the entrance to the addressee’s property.
In the event of failure to collect the parcel within the time limit referred to in §2, a repeated notification about the possibility of collecting the parcel within 14 days from the date of the first notification remains. Service is considered completed on the end of the last day of the period referred to in §1, and the letter is left in the case files.”
5. What is the solution to this problem? Why do you need “Power-of-Attorney”?
The solution of the described above danger is quite simple – just sign “Power-of-Attorney” with the lawyer or immigration specialist you trust and allow them to control the whole process of your immigration case. It will help you to protect yourself from the most popular reason for refusal in TRC in Poland!
We always recommend our сlients purchase legal assistance services with a “Power-of-Attorney” option, as this allows us to relieve you of all the difficulties of managing your case and communicating with the Immigration Office.
What is more, it allows you to travel with peace of mind throughout the entire process of your TRC in Poland case, as we are always there and control all correspondence related to your case.
6. What should I do if the Immigration Office has already closed my case because I didn’t get their letter?
If you have already received a negative decision or your residence permit in Poland application was left without consideration due to not receiving a parcel with notification from the Immigration Office, you can send a complaint or file a formal application with complaint to the Administrative Court.
However, the result of your complaint will depend not only on your individual circumstances, but also on the legal correctness of the complaint.
If you find yourself in a difficult situation, you can always seek help from our immigration attorney Patryk Przeździecki. He always effectively helps not only to file a complaint correctly, but also to appeal the decisions of the Immigration Office and the Administrative Court.