28/07/2026
🚨 Silent approval in residence permit proceedings – a breakthrough or a limited reform? (draft of the amendment)
The Polish government has presented a draft amendment to the Act on Foreigners introducing the concept of silent approval in temporary residence permit proceedings.
The proposal aims to address one of the biggest challenges faced by foreign nationals and employers in Poland – delayed administrative proceedings.
Under the draft, if the voivode fails to issue a decision within the statutory deadline (currently proposed to be 60 days from the submission of the application), a temporary residence permit could, in certain cases, be deemed granted by operation of law ("silent approval"), without the need for a formal administrative decision.
According to the draft, silent approval would be available only to nationals of selected third countries classified as posing a low migration and security risk. The final list of eligible countries will be specified in a regulation adopted by the Council of Ministers and has not yet been published.
Public discussion has suggested that the list could potentially include countries such as Japan, South Korea, Canada, the United Kingdom, Australia, New Zealand, Singapore, the United States, and Israel. However, it is important to note that these countries have not been officially confirmed, and the final scope of the regulation may differ.
The government's objectives are to:
✔️ reduce waiting times for temporary residence permits;
✔️ ease the administrative burden on provincial offices;
✔️ increase Poland's attractiveness for highly qualified professionals, entrepreneurs, and investors from selected countries.
While the proposal is undoubtedly a step in the right direction, it also raises important questions. Thousands of foreign nationals from other countries experience the same delays in residence proceedings every year. Limiting the silent approval mechanism to selected nationalities may therefore create unequal treatment between applicants who are otherwise subject to the same administrative procedures.
It is also worth remembering that this is still a draft. The proposed legislation must complete the full legislative process before it can enter into force, and the detailed rules are yet to be finalized.
If adopted, this reform could become one of the most significant changes to the Polish immigration system in recent years.
Whether it will substantially improve the efficiency of residence permit proceedings, however, will largely depend on its final scope and implementation.
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