The Court of Justice of the European Union has clarified the limits on Poland’s suspension of deadlines for residence applications filed by non-EU nationals following Russia’s invasion of Ukraine. inPoland.net.pl reported the decision on Thursday, November 12.

The case arose from questions submitted by the Provincial Administrative Court in Gliwice. Under Directive 2016/801, a complete application for a study-related residence permit must be decided as soon as possible and no later than 90 days after submission.

The EU court accepted that the mass arrival of people escaping the war could initially have amounted to an exceptional and unforeseeable event. It stressed, however, that such circumstances cannot be invoked indefinitely and said the influx was no longer unforeseeable after December 31, 2022.

Judges also questioned whether Poland needed to maintain restrictions on challenges against administrative inaction until September 30, 2025. They did not make a final finding that EU law had been breached, leaving the Gliwice court to determine whether the contested Polish measures were justified and proportionate.