A change of place of residence while a residence card (karta pobytu) case is pending requires above all notifying the office of the new address. A move within the same voivodeship does not change the office handling the case, while moving to another voivodeship may mean transferring the file to another voivode. How and when this is done determines whether the case will not get stuck for several months.
Why the place of stay decides the competent office
Under article 104 of the Act on Foreigners, a temporary residence permit is granted or refused by the voivode competent for the foreigner's place of stay. The same rule applies to the replacement of a residence card. In practice this means the voivodeship office (and often a specific branch) in the region in which you actually live.
The Code of Administrative Procedure requires offices to respect their own jurisdiction ex officio. If the body to which the application was submitted lacks jurisdiction, it immediately transfers it to the competent body and informs the applicant (article 65 of the CAP). It is this mechanism that applies when, in the course of a case, the foreigner moves to another voivodeship. The practice of offices is, however, not uniform — some voivodes continue the case despite a change of address, others transfer the files. That is why before moving it is worth checking the position of the particular office.
Three situations, three different duties
| Situation | What to do |
|---|---|
| Move within the same city or voivodeship, case pending | notify the office of the new address and attach a document confirming title to the premises (tenancy agreement, notarial deed, declaration of the owner) |
| Move to another voivodeship, case pending | notify the office of the new address, file an application to transfer the case to the voivode competent for the new place of stay, attach documents confirming the new address |
| Card already issued, change of place of residence | there is no proceeding to transfer; if data on the card have changed, the card has to be replaced; for the next application, the voivode competent for the new place of stay will be the right one |
Notice of change of address — a duty with consequences
Article 41 of the CAP obliges a party to proceedings to notify the body of any change of address. If this is missed, a letter served at the previous address is deemed effectively served. In residence cases this is a serious risk: a call to supplement shortcomings, to appear in person or to collect the decision may "get lost" in the mailbox of the previous flat, and the deadline for a response will still start running.
The notification can be submitted in writing at the office's chancellery, sent by registered letter or via e-Doręczenia (e-Delivery). It is worth stating the case file number, full identification data and the new address for correspondence, and attaching a document confirming the right to the premises.
How to prepare the application to transfer the case
- Determining the stage of the case. Whether fingerprints have already been taken, whether the office has called for additional documents, whether the case is close to a decision.
- Letter to the current office. Information about the change of place of stay with the date of the move and a request to transfer the file to the voivode competent for the new address.
- Enclosures. A tenancy agreement or other title to the premises, possibly address registration confirmation; copies of documents certified for conformity with the original if the office requires it.
- Confirmation of transfer. The transferring body should notify of the transfer of the case together with the reasons. After receiving such information it is worth contacting the new office and determining the file number.
- Checking the deadline of legal stay. The transfer of the file does not change the effects of a properly filed application, but all documents concerning the legality of stay (e.g. confirmation of filing the application) have to be kept at hand.
When to transfer and when to wait
Transfer of files between offices takes time — in practice from several weeks to several months. The statutory 60-day deadline for issuing a decision (article 112a of the Act on Foreigners) runs from events such as personal appearance or supplementing formal shortcomings, so moving house during the case often extends the whole proceedings.
A few practical tips:
- if the old office has already set a date for taking fingerprints or the case is complete and awaits a decision, it is sometimes more favourable to finish that stage before the formal transfer of the files — the decision is worth taking after consulting the office;
- if the move is temporary (e.g. a few-month contract in another city) and you keep your flat at the previous place, simply changing the correspondence address may be enough;
- with a work permit, a change of city often involves a change of employer or working conditions — this is a separate matter which may require separate notifications or a new permit.
Example
Ms Mariam filed an application for temporary residence and work in Poznań, has already appeared in person. After two months she gets an offer from the same employer at a branch in Gdańsk. Before moving, she submits in Poznań a notice of a new address and an application to transfer the case to the Pomeranian voivode, attaching the tenancy agreement. After receiving the notice of transfer, she contacts the office in Gdańsk, checks whether the files have arrived, and provides an annex to the employment contract with the new place of work. As a result, no summons ends up at the old address.
The most common mistakes
- Moving house without notifying the office and missing a summons served at the old address.
- Filing a new application in another voivodeship instead of transferring the case — this means two parallel proceedings in the same matter and the risk that one of them will end without being examined on the merits.
- No document confirming the new address.
- Omitting changes in the employment contract when the move involves a change of place of work.
The first steps after arriving in Poland are described in our guide on relocation to Poland.
How Good Balance can help
We help foreigners plan the move so as not to harm the residence case: we prepare notifications and applications to transfer files, contact offices and keep an eye on correspondence. We also handle cases for a permanent residence permit and for temporary residence and work.