Did you not receive a summons from the office? This is how you can lose your residence card

In residence card cases, a single uncollected summons from the office can change everything. The worst part is that the foreigner is often the last to learn about the problem — when the case is already closed. If your correspondence is collected by your employer or an agency, this article may save you from losing your legal stay. See how service of documents works and what to do when the deadline has already passed.

1. Why the summons from the office may not have reached you

If a representative acts in the case, the office serves documents on them — not on you (Art. 40 § 2 of the Code of Administrative Procedure, KPA). When the representative is your employer or an agency, the summons to supplement the formal deficiencies of the application goes to the company, and the time limit runs regardless of whether anyone passed it on to you.

2. What happens when the deadline to supplement formal deficiencies expires?

The authority may leave the application without examination (Art. 64 § 2 KPA). The case is then not decided on the merits — as if the application had never been filed. In residence cases this may mean the loss of the basis for legal stay and the need to rebuild your situation from scratch.

3. What to do if the deadline has already passed?

• establish the status of the case immediately: the file number, the authority handling it, what was sent and when,
• obtain copies of the summonses and proofs of service (you have the right to inspect the file — Art. 73 KPA),
• check whether service was correct — errors in service do happen,
• gather evidence that the representative did not pass the information on to you,
• do not send letters „from a template” without analysis — an ill-considered letter may close doors that are still open.

We write in detail about the available remedies (ponaglenie — a formal reminder urging the authority to act, and a complaint about inaction) and how to use them in the next part of the series: an application left without examination — how to save the case.

4. How to prevent such a situation?

Make sure the correspondence in your case reaches you or a representative who acts solely in your interest and reports every move of the office to you. If your case is currently handled by a company, read our comparison: lawyer or employer and what to do when the employer will not return your documents.

Frequently asked questions (FAQ)

Must the office notify me personally if I have a representative?

No. If a representative has been appointed, documents are served on the representative (Art. 40 § 2 KPA) and such service is effective towards you.

How am I to know that the office has sent something?

You may inspect the file of your case (Art. 73 KPA), and in cases filed via MOS — track the case in the system. You may also withdraw the power of attorney at any time so that correspondence goes to you.

Is leaving an application without examination a refusal decision?

No — it is the closing of the case without an assessment on the merits. The way of responding differs from an appeal against a decision; see the next article in the series on saving such a case.