Denial to issue a permit for temporary residence

The documents provided imply that the Governor of Mazowiecki Province has refused to issue a permit for temporary residence for your wife. The Authority has referred to the Article 100 Cl. 1 paragraph 1 of the Foreigners Law stipulating denial in such permit in case if &nbsppurpose claimed is insufficient to justify residence of the foreigner in the territory of the Republic of Poland for more than 3 months.

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It&rsquos noteworthy that, visa is a ground to visit Poland for short periods of time, but in order to obtain a permit for temporary residence in Poland a foreigner should have a necessity to stay in Poland for more than 3 months.&nbsp

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At the moment you have submitted an appeal against the resolution issued by the Governor of Mazowiecki &nbspProvince addressed to the Chief of the Foreigners Authority. The appellate authority should take into account the actual state and legal status existing at the moment of the resolution issuance when reviewing the case once more, so, it should take into account actual events and changes in the legal status taking place after issuance of the resolution being appealed against as well. If the material law standards change in time after issuance of the resolution in the first instance and before appealing, the appellate authority &mdash preserving authenticity of the case &mdash should consider new legal status, unless new guidelines indicate otherwise. The appellate authority delivers its resolution. When delivering its resolution the authority should follow applicable laws (resolution of NSA d/d December 10, 2002, II SA 738/01, LEX № 77127).

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When appealing against the resolution you should indicate violation of procedural rules made by the Governor of Mazowiecki Province , which could affect the case. In addition you should refer grounds proving your continuous residence in Poland with your wife, for example, termination of a labor contract with Norway, labor contract in Poland, photos in Poland with your wife, indicate witnesses and submit for repeated investigative interview of the Applicant.

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If you carry out the proceedings and appealing correctly and Poland is a place of your actual residence, then, in my opinion, the Chief of the Foreigners Authority will change the resolution concerning your wife, and may pass the case to the Governor of Mazowiecki Province for reconsideration.