Appeal against a refusal
A refusal does not always end the case.
The first-instance decision is issued by the voivode, and the appellate authority is the Head of the Office for Foreigners. We analyse the reasoning behind the refusal and assess whether an appeal has real grounds.
An appeal has a deadline
The deadline for an appeal runs from delivery of the decision and it is short. If you have the decision in hand, write with the date of delivery before you start gathering anything else.
The reasoning is your instruction sheet
The reasoning states what the authority did not accept as established. It is the most important document in the case, because it shows whether the problem was formal, evidentiary, or went to the basis of stay itself. Whether an appeal makes sense follows from that.
- A formal shortcoming: often it can be cured at the appeal stage.
- An evidentiary gap: new documents are needed, or another way of establishing the same circumstance.
- The wrong basis of stay: an appeal usually changes nothing, and the right step is a fresh application on a different basis.
We tell you plainly which of these categories your case falls into. Where we see no prospects, we do not take the case merely in order to run it.
What we do in this matter
- We analyse the decision and its reasoning.
- We assess the merits of an appeal and tell you how we see the prospects.
- We prepare the appeal to the second-instance authority.
- We represent you in the appeal proceedings once you grant a power of attorney.
- Where needed, we prepare a complaint to the administrative court.
The limits of this service
The outcome belongs to the authority, not to the firm. We guarantee neither a result nor a date. The content of this page is informational and is not legal advice in an individual case.
Frequently asked questions
Is my stay legal while the appeal is pending?
It depends on your situation and on the stage the case has reached. We check this at the outset, because it decides what you may do in the meantime, including whether you may work.
Is it better to appeal or to file a new application?
It depends on what the reasoning says. Where the problem was the wrong basis of stay, a new application is often faster and more effective than an appeal. We settle that after reading the decision.