A foreigner who violates Polish immigration laws may receive a Return Decision, requiring them to leave Poland. In some cases, the decision also includes an entry ban to Poland and other Schengen countries.
Not every immigration violation leads to immediate deportation. Each case is assessed individually by the Polish authorities.
🚩 Reasons for Deportation
- Overstay a visa or residence permit
- Work illegally or without the required authorization
- Provide false documents on applications
- Pose a threat to public order or national security
- Commit a criminal offence
- Violate the conditions of their residence permit (changing work witohut notification, not studying on study visa/pobyt)
- Enter Poland illegally
- Decision of refuse to grant refugee status or subsidiary protection or to deprive of refugee status or subsidiary protection
📜 Types of Deportation
- Voluntary return (Dobrowolny powrót) – A decision requiring a foreigner to leave Poland, with a specified period of time to comply voluntarily
- Forced deportation (Przymusowe wykonanie decyzji o zobowiązaniu cudzoziemca do powrotu – forced execution of a decision on return) – Situations where voluntary return is impossible. In this case, the foreigner is transported to the border against their will and expelled from the country
- Extradition (Ekstradycja) – A situation where a foreigner is not only expelled from Poland, but is also handed over to the authorities of another country, to which the extradition takes place
😎 Who Cannot be Deported
- Has refugee status or subsidiary protection
- Has a humanitarian residence permit or tolerated stay permit
- Deportation would violate the rights of a child or other fundamental human rights
- Is married to a Polish citizen or a foreigner with permanent residence or EU long-term resident status (unless the marriage is fraudulent)
- Holds a residence permit or another legal residence document issued by Poland or another EU country
- Has permanent residence or EU long-term resident status in Poland
- Is a confirmed or presumed victim of human trafficking
- Is subject to extradition or transfer to another country under international or EU law
- Was detained immediately after illegally crossing the Polish border or is subject to readmission under an international agreement
👮🏻♂️ Who Issues a Deportation Decision
In most cases, the Border Guard issues the return decision.
The decision explains:
- Why you must leave Poland
- Whether you have to leave voluntarily
- Whether an entry ban has been imposed
- How to appeal
You usually have 14 days from receiving the decision to submit an appeal.
The appeal is submitted through the authority that issued the decision and is reviewed by the higher authority.
⛓️ Detain
If there is a risk that you may hide, refuse to cooperate or avoid deportation, the Border Guard may ask the court to place you in a Guarded Centre for Foreigners.
This is not a prison sentence. It is a secured immigration detention centre where foreigners stay while waiting for deportation or another immigration decision.
The court decides the detention period.
- Initial detention may last up to 3 months
- The court may extend detention if necessary
- Total detention generally cannot exceed 18 months
⛔ Entry ban
A deportation decision almost always include a ban on entering Poland and the Schengen Area.
The ban may be given from 6 month to 10 years. (usually 1-2 years for illegal stay)
💻 How to Check If You Have an Entry Ban
You can request information about your status in the Schengen Information System (SIS) by contacting the authorities of the Schengen country where you plan to enter.
The exact procedure varies by country. Some authorities allow online requests, while others require:
- Electronic Identification Or Digital Signature
- Online Registration
- A Written Application
- Proof Of Identity
If an entry ban has been entered into the SIS, the authority can inform you whether a valid alert exists and, in some cases, its duration.
🇵🇱 Can You Return to Poland
Yes, after:
- The entry ban expires
- The ban is cancelled
- You obtain a new legal basis to enter Poland