No response from the authority after submitting an application (MOS): legal consequences and deadlines
What “no response from the authority” means under Polish administrative law
In Polish administrative law, the term “no response from the authority” does not exist as a separate legal category. It is a descriptive, everyday expression which, in legal terms, most often means inaction of the administrative authority (bezczynność organu) – not a neutral state of “lack of information.”
From a procedural perspective, silence of the authority after an application is filed is not a legal vacuum. It is either treated as a breach of procedural duties or, in exceptional cases, as a specific statutory mechanism for resolving a case.
Legal framework: inaction of the authority (bezczynność)
The key provision is Article 35 of the Polish Code of Administrative Procedure (k.p.a.), which sets time limits for handling administrative cases:
- without undue delay,
- no later than 1 month,
- in complex cases – no later than 2 months,
- unless special regulations provide otherwise.
If the authority is unable to meet these deadlines, it must notify the party of the reasons for the delay and indicate a new deadline, in accordance with Article 36 §1 k.p.a.
If, after the expiry of the statutory deadline (or the extended deadline under Article 36), the case has not been resolved, a state of inaction (bezczynność) arises.
In doctrine and case law, inaction is understood as:
- complete lack of action by the authority, or
- formal handling of the case without issuing the required individual administrative act (decision, order, etc.).
Lack of a decision vs lack of action
A classic example of inaction is failure to issue a decision in a case that must legally end with an individual administrative decision.
Inaction also includes situations where the authority:
- unjustifiably leaves the application without examination,
- refuses to initiate proceedings despite a legal obligation, or
- prolongs the case without issuing a final act.
In all such cases, silence is not a neutral absence of information but a procedural violation.
Silent settlement of a case (milczące załatwienie sprawy)
A separate legal institution is silent settlement of a case, regulated in Chapter 8a of the Code of Administrative Procedure.
In these situations, the law explicitly provides that failure to issue a decision within the statutory time limit means a positive resolution of the case (legal fiction of a positive decision).
Such silence:
- is not a violation,
- has a clear statutory basis,
- may be confirmed by an official certificate.
Important: this mechanism applies only where it is expressly provided by law.
Does silent settlement apply to residence cases submitted via MOS?
In matters concerning legalization of stay (temporary residence, permanent residence, EU long-term resident), including applications submitted using the MOS system, the institution of silent settlement does not apply.
Neither the Act on Foreigners nor other special regulations introduce a legal fiction of a positive decision due to lack of response.
Therefore, lack of a decision after the deadline in residence cases does not create any automatic right or permit. It only means possible inaction or excessive length of proceedings.
MOS as a technical tool, not a procedural regime
The MOS system is only a tool for preparing and transmitting data. It is not an independent form of administrative proceedings.
According to MOS rules:
- the foreigner completes an electronic form,
- then must submit the application to the voivode in a legally required form (in person, by post, via ePUAP, etc.).
MOS statuses such as “sent” or “accepted”:
- do not mean that proceedings have been formally initiated,
- do not start procedural deadlines,
- and are not equivalent to settlement of the case under administrative law.
All legal effects depend on the proper submission of the application to the voivode, not on the technical status in MOS.
Practical consequences of the authority’s silence
If, after proper submission of the application:
- the authority does not issue a decision, and
- does not notify the party of a new deadline under Article 36 k.p.a.,
a state of inaction (bezczynność) arises, which opens procedural remedies.
If the authority formally takes some actions (requests, summons) but for a long time does not end the case with a decision, this constitutes excessive length of proceedings (przewlekłość postępowania).
No response ≠ no risk
Lack of response is a legally relevant fact that:
- does not eliminate legal risks,
- does not guarantee legality of stay or work,
- does not suspend potential negative consequences.
Polish law does not recognize the concept that silence of the authority means “everything is fine.” On the contrary, ignoring inaction may worsen the legal position of the foreigner.
Conclusion
Under Polish administrative law, “no response from the authority” is not a neutral situation. It usually means either inaction of the authority or excessive length of proceedings.
The only exception applies where the law expressly provides for silent settlement of a case. In residence matters, including applications submitted via MOS, this mechanism does not apply. Lack of a decision does not create any legal fiction of approval.
MOS statuses are purely technical and cannot be equated with initiation or settlement of administrative proceedings. All legal consequences depend solely on proper submission of the application to the voivode and the further course of the administrative procedure.
Silence of the authority confirms a state of legal uncertainty – not legal safety.
Ukrainian version of this article
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