On November 12, 2026, the Court of Justice of the European Union clarified under what conditions Poland may suspend the consideration of residence applications from foreigners. The case concerns permits covered by EU Directive 2016/801, particularly permits for study, as well as applicants' right to challenge delays. This is addressed in the ruling of the Court of Justice in case C-254/25.
What residence permits in Poland are subject to the 90-day period
According to the directive, decisions must be made as quickly as possible, within a maximum of 90 days after the submission of a complete application. This timeframe applies to permits regulated by the directive, particularly for studying, scientific research, internships, and volunteering.
If there is a lack of information or documents, the countdown may be suspended until they are received. Therefore, it is important for the applicant to know when the authority received the complete package and to consider common document errors that may prolong the review.
What the Court of Justice of the EU decided regarding delays after the start of the war
The mass arrival of people fleeing the Russian invasion could be considered an unforeseen circumstance. The Court of Justice noted that after December 31, 2022, such an explanation appears doubtful. Force majeure can justify the suspension of time limits only for the duration necessary to overcome its consequences.
In the absence of force majeure, EU law prohibits stopping time limits in such a way that applicants lose the opportunity to challenge inactivity or delays. The Court also questioned the validity of extending the restrictions on appeals until September 30, 2025.
The Voivodeship Administrative Court in Gliwice now has to apply this clarification to a specific case and assess whether Polish measures were justified. For Ukrainians applying for the CUKR residence card, a separate procedure applies. The mentioned 90-day period in the ruling pertains to applications under Directive 2016/801.