Appeal the decisionTemporary residence

Visa Denial

The Consul of the Embassy of Poland in Ukraine refused my husband in the issuance of a visa for a visit to Poland. I am a citizen of Ukraine and have a permission to stay in Poland. I attached all the documents I have to the application, namely: marriage certificate, medical insurance, invitation, etc. I am close to despair. What can I do in order to finally live with my husband?

According to Art. 30 of the Law on Foreigners, a foreigner can be refused in the issuance of a national visa in cases where during the procedure of visa issuance a foreigner stated untruth or stifled the truth or failed to justify the purpose and conditions of the planned stay.
[wazne]The Consul is responsible for the issuance or refusal in a Schengen or a national visa.[/wazne]
In the application for a visa the foreigner shall state the purpose of his / her stay in Poland and there the purpose was probably stated contrary to the documents. I think, your husband mentioned the purpose of visit to Poland as tourist or guest (activity), but not the purpose of obtaining a residence permit for a specified period of time (temporary residence).
I believe, your husband shall apply for a residence permit for a fixed period of time. In accordance with Art. 54 of the Law on Foreigners, a temporary residence permit shall be granted to family members of the foreigner, residing in Poland on the basis of a residence permit.
The foreigner, residing outside Poland, shall prepare an application for receiving a residence permit for a temporary period of time through the Consul.
Before making the decision on the issuance of a residence permit for a temporary period of time, the Governor with jurisdiction over the intended place of residence of the foreigner shall apply to the Head of Border Guard Department, regional police Commandant, Chief of Internal Security Agency, and if necessary also to the Consul with jurisdiction over the last place of the foreigner&rsquos residence or other agencies with an application on the provision of information certifying that the entry and the stay of the foreigner in Poland do not pose a threat to national defense or national security or public order and security.
A foreigner, having received a temporary residence permit, shall be issued a card – being valid within the whole period of stay.

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