Rights and obligations of the applicant and of the consular staff
Consular territorial competence
A national visa with the purpose of issuance no. “05” and “06” is issued or refused by the consul of the competent Member State in whose jurisdiction the applicant legally resides and in the case of a foreigner who is staying lawfully on the territory of another EU member state, an EFTA (European Free Trade Association) member state – a party to the European Economic Area Agreement or the Swiss Confederation – the consul whose office is located in the given state, provided that the applicant has provided justification for lodging the application outside their country of permanent residence (art. 66(6) of the Act on Foreigners).
In the case of Schengen visas, an application shall be examined and decided on by the consulate of the competent Member State in whose jurisdiction the applicant legally resides (Art. 6(1) Regulation of the European Parliament and of the Council (EC) No 810/2009 of 13 July 2009 establishing a Community Code on Visas (Visa Code)). And a consulate of the competent Member State shall examine and an application lodged by a third-country national legally present but not residing in its jurisdiction, if the applicant has provided justification for lodging the application at that consulate (art. 6(2)).
Pursuant to art. 15 of the Administrative Procedure Code, administrative proceedings are conducted in two instances. However, pursuant to art. 3(2)(4) of the Administrative Procedure Code its provisions are not applicable to the proceedings which belong to the competence of Polish diplomatic missions and consulates.
It is not possible to appeal against a consul’s decision, but it is possible to apply the consulate to re-assess the case. A consul, pursuant to the Act on Foreigners, is the only body competent to decide on visas for foreigners residing abroad, and the Ministry of Foreign Affairs or any other ministry cannot repeal, change or order to re-assess a consul’s decision in visa matters.
An application for reassessment should be lodged within 14 days from the day of delivery of the decision to refuse a national visa or a Schengen visa to the body that issued the decision. The consul re-assess the application within 7 days (art. 76(1)(1) and art. 76 (3) of the Act on Foreigners).
Analogically, in the event a Schengen visa or a national visa is cancelled or revoked, it is possible to apply for a reassessment of the case by the relevant body. Such an application should be lodged within 14 days from the day of delivery of the decision to cancel or revoke a national visa or a Schengen visa. The consul re-assess the application within 7 days (art. 93(1)(1) and art. 93 (3) of the Act on Foreigners).
Regardless of the application for reassessment, if you believe that you have been treated unfairly due to dereliction or inappropriate performance of duties by a Polish foreign mission or its staff – you can file a complaint with the Ministry of Foreign Affairs.
Regardless of the application for reassessment, if you believe that you have been treated unfairly due to dereliction or inappropriate performance of duties by a Polish foreign mission or its staff – you can file a complaint with the Ministry of Foreign Affairs.
If you want to file a complaint you can do it:
- using a form on the Ministry’s website
- by email to the following address This email address is being protected from spambots. You need JavaScript enabled to view it.
- in person: in the office of the Ministry of Foreign Affairs on Mondays – from 4 pm to 6 pm; on Tuesdays, Wednesdays and Thursdays – from 2 pm to 4 pm. A secretary or undersecretary of state designated by the Minister of Foreign Affairs, or should they be absent another officer acting in their stead, is available for visitors who want to file a complaint or a request on working Mondays between 3.30 pm and 4.30 pm.
A person who visits a foreign mission to lodge a complaint or a request will be received by the head of the mission or a person designated by the head in writing. Complaints and requests presented orally shall be put down in a report.
The information concerning days and hours of reception of people who want to file a complaint or a request should be placed in a visible form in places available to visitors in the Ministry and in foreign missions or on their websites.