Can a proxy (pełnomocnik) submit a residence application on my behalf through MOS?

Legal basis and form of application

From 27 April 2026, applications for temporary residence permits, permanent residence permits, and EU long-term resident status must be submitted exclusively electronically through the MOS 2 portal (mos.cudzoziemcy.gov.pl) — as provided by the Act of 21 November 2025 (Dz.U. 2025 poz. 1794), with the launch date confirmed by a MSWiA announcement. Paper applications sent by post after that date will not be processed. Exceptions that remain on paper: ICT and long-term ICT mobility, family reunification, and family members of Polish/EU/UK citizens where the foreigner is residing outside Poland.

What the MOS 2 login rules mean in practice

To submit an application through MOS 2, the person logging into the portal must have a profil zaufany or a qualified electronic signature. This is a technical requirement relating to authentication in the system.

Caveat: the verified source material specifies only the profil zaufany/qualified-signature requirement and the electronic form of submission. It does not explicitly regulate how a pełnomocnik operates within the MOS 2 portal. The general institution of proxy representation in administrative proceedings has not been abolished; however, the specific rules for its application in MOS 2 (e.g. how authorisation is conferred, whose profil zaufany is used to log in) fall outside the available body of material and require individual verification in your specific case.

Confirmation of submission and lawful residence

If the application was submitted on time (while residence was lawful) and without formal deficiencies, residence is lawful from the date of submission until the date on which the decision becomes final (art. 108 ustawy o cudzoziemcach). Under the MOS 2 model there is no longer a stempel in the passport — the wojewoda issues a zaświadczenie confirming that the application has been submitted, which serves as proof of lawful residence for the duration of the procedure. This status does not always entitle the holder to travel freely within the Schengen Area or to return after leaving Poland.

What the case law says

The judgments below do not directly concern the stage of submitting an application in MOS 2, but rather administrative court proceedings — complaints about the inactivity and undue delay of the wojewoda, brought by pełnomocniks. They nonetheless illustrate how rigorously courts enforce the formal requirements for a power of attorney. In case IV SAB/Wr 180/26, the WSA in Wrocław rejected the complaint due to failure to remedy formal deficiencies, including the absence of a power of attorney and missing party details (PESEL, address). In case I SAB/Wr 111/26, a summons to submit the power of attorney and provide a PESEL number went unanswered, which also led to the complaint being rejected. In case III SAB/Wr 150/26, a mere copy of the power of attorney without a signature certifying it as "zgodność z oryginałem" proved insufficient. This is an indication that the power of attorney document must be in the correct form.

Next steps

If you are considering submitting an application through a pełnomocnik, ensure that the power of attorney is properly drafted and signed, and that all required details are included (including PESEL and a correspondence address). Pay close attention to the submission deadline in order to maintain continuity of lawful residence and obtain the zaświadczenie from the wojewoda. The specific procedure for a pełnomocnik operating within the MOS 2 portal is best established individually before submission.