Suspension of Procedural Time Limits in Immigration Cases in Poland until 4 March 2026: Legal Effects and Risks
Legal basis for the suspension of time limits
The suspension of procedural time limits in immigration cases in Poland until 4 March 2026 is based on special provisions of the so-called Ukrainian Special Act –
the Act of 12 March 2022 on Assistance to Citizens of Ukraine in Connection with the Armed Conflict on the Territory of that State, as subsequently amended.
The key provision is Article 100da of that Act. In its current wording, following the amendment of 12 September 2025 (Journal of Laws 2025, item 1301), it explicitly provides for the suspension of procedural time limits until 4 March 2026.
This date is also confirmed in official information published by the Office for Foreigners (UDSC), which states that the suspension of processing deadlines in residence legalisation and international protection cases remains in force until that date.
Which time limits are suspended – and which are not
Time limits that are suspended
The suspension applies exclusively to statutory deadlines for processing cases by administrative authorities (załatwienie sprawy przez organ).
Until 4 March 2026, deadlines for examining the following cases by the voivode do not start to run, and those already running are suspended:
- granting a temporary residence permit;
- granting a permanent residence permit;
- granting EU long-term resident status;
- amendment of a temporary residence and work permit;
- amendment of a temporary residence permit for highly qualified employment;
- revocation of the above permits.
Separately, in cases concerning international protection (refugee status or subsidiary protection), the deadline for examining the case by the Head of the Office for Foreigners is also suspended.
Time limits that are NOT suspended
The suspension does not apply to:
- deadlines imposed on the applicant (the foreigner), including:
- submission of evidence;
- providing explanations;
- responding to official requests (wezwanie);
- filing appeals or complaints with administrative courts;
- deadlines in other types of proceedings (e.g. entry bans, removal proceedings, fines), unless explicitly listed in Articles 100d or 100da.
In these matters, the Code of Administrative Procedure, the Act on Foreigners, and the Law on Proceedings before Administrative Courts continue to apply. Missing such deadlines still results in standard negative legal consequences.
Suspension does not mean a ban on administrative action
It is crucial to understand that suspension of time limits does not prevent authorities from acting.
During this period, the voivode or the Office for Foreigners may:
- conduct procedural activities;
- issue requests and correspondence;
- adopt administrative decisions.
The difference lies elsewhere: the statutory deadline for processing the case does not expire, meaning that the mere length of proceedings no longer provides an effective basis for claims of inactivity or excessive delay.
Consequences for inactivity and excessive length of proceedings
Article 100d(4) of the Special Act expressly provides that, during the suspension period:
- the lack of action or continuation of proceedings by the authority cannot constitute effective grounds for legal remedies based on inactivity or excessive length;
- at the same time, all actions taken by authorities remain legally valid, including decisions, letters, and procedural requests.
This creates an asymmetric situation: the authority operates without procedural pressure, while the applicant loses standard instruments for enforcing timely handling of the case.
Who is affected: all foreigners or only Ukrainian nationals?
Statutory wording
Articles 100d and 100da use the neutral term “foreigner” (cudzoziemiec), without expressly limiting their application to Ukrainian nationals.
A literal interpretation therefore suggests that the suspension applies to any foreigner, provided the case falls within the listed categories.
Competing interpretations in practice
Two interpretative approaches have emerged:
- Broad interpretation
The suspension applies to all foreigners, regardless of nationality, in residence permit proceedings. This view is reflected in official guidance issued by UDSC and voivodeship offices, which do not differentiate applicants by citizenship. - Narrow, purpose-based interpretation
Some courts and commentators argue that, considering the title and purpose of the Special Act, these provisions should apply only to Ukrainian nationals affected by the war.
Current administrative practice
In practice, voivodeship authorities generally apply the suspension universally: if the case falls within the statutory scope, the deadline is treated as suspended irrespective of the applicant’s nationality.
The Polish Ombudsman (RPO) has also criticised the general suspension of deadlines in residence legalisation cases without limiting this criticism to Ukrainian nationals, reinforcing the perception that the provision operates broadly.
Will the suspension be extended beyond 4 March 2026?
From a legal standpoint, the answer is clear.
The current legislation sets a fixed end date: 4 March 2026.
There is no automatic extension mechanism.
All previous extensions (to 2024, 2025 and 2026) required separate legislative amendments adopted by Parliament and signed by the President.
Therefore:
- it cannot be assumed that the suspension will certainly be extended;
- nor can it be assumed that it will definitely end.
Until a new amendment is enacted and published, any assumptions remain speculative.
The myth of “no suspension after 30 June 2024”
The claim that procedural deadlines “were no longer suspended after 30 June 2024” is incorrect from the perspective of the current statutory text.
Formally, the legislator extended the suspension beyond that date, currently until 4 March 2026.
However, administrative courts have increasingly criticised successive extensions as disproportionate and potentially incompatible with the right to effective judicial protection.
For example, in the judgment of the Voivodeship Administrative Court in Poznań of 31 July 2025 (II SAB/Po 189/25), the court considered the extension ineffective in a specific case and ordered the authority to resolve the matter within a fixed deadline.
Legally, it is therefore more accurate to state that the effects of later extensions may be challenged in individual judicial proceedings, rather than claiming that the suspension ceased to exist.
Why this mechanism protects the authority – not the foreigner
The suspension of procedural deadlines is a purely procedural instrument that:
- relieves authorities from responsibility for statutory time limits;
- blocks standard remedies against inactivity or excessive delay;
- does not create any new substantive rights for foreigners.
Deadlines binding on applicants remain unchanged, risks persist, and control over the duration of proceedings is significantly weakened.
In legal terms, this mechanism is best described as:
an instrument protecting administrative authorities against liability for excessive length of proceedings, rather than a legal safeguard for foreigners.
Conclusion
The suspension of procedural deadlines until 4 March 2026 does not protect foreigners.
It temporarily removes procedural pressure from administrative authorities, complicating efforts to challenge delays and shifting the practical risks of prolonged proceedings entirely onto applicants.
Ukrainian version of this article
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