19/05/2026
Today I visited the Voivodeship Administrative Court together with my Client and his fiancée - and we won the appeal case regarding his Temporary Residence Card.
My Client is a third-country national. He met his fiancée, now a Polish citizen originally from Ukraine, back in 2021 in Ukraine. When the war started in February 2022, they fled seeking safety in Poland. His fiancée was allowed to enter directly, however Ukrainian border guards refused my Client entry. He eventually made his way through Hungary and then arrived in Poland.
Unfortunately, after arriving, he fell into the hands of an “agency” which handled his case improperly - first applying for a work-based TRC, later for a student TRC - leaving him effectively in an irregular legal situation. Additionally, due to the complicated route of entry, he could not benefit from the temporary 15-day entry permission.
After receiving a negative decision, he came to me for help. I explained honestly that his situation was difficult and that the proper legal path would be an application based on family life in Poland, despite the irregular stay. We prepared the case accordingly.
The Head of the Office reopened the proceedings and returned the case to the Voivode. However, the authority argued that my Client still had a wife abroad, from whom he has been separated in practice for over 8 years, and even stated that granting him residence could “hurt the wife’s feelings” (sic!).
We appealed. The second-instance authority repeated the same argument, so we brought the case before the WSA (administrative court).
Today, we won.
The Court had no doubts that my Client has genuine family life in Poland with his fiancée, a Polish citizen. Both administrative decisions were overturned. The case now returns to the Voivode, who must reassess it in line with the Court’s judgment and cannot simply deny the existence of family life.
Before the Court I argued that “family life” under the European Convention on Human Rights is much broader than formal marriage alone. The fact that someone has not finalized a divorce - especially in wartime realities connected with Ukraine - cannot mean they are forbidden from building a new, genuine relationship and family life. The concept of family life under human rights law also protects informal relationships and same-sex partnerships.
Seeing the smiles on my Client’s and his fiancée’s faces after the judgment was genuinely one of the best parts of this work.
If you are in a similar legal situation and need help, feel free to contact me.
Best regards,
Lewi Masyk-Gola
Attorney at law