The foreigner is obliged to leave Poland before the expiry of the period of stay to which he is entitled on the basis of a Schengen visa or a national visa and before the expiry of the visa.
The foreigner is obliged to leave Poland before the expiry date of the temporary residence permit.
The foreigner is obliged to leave Poland within 30 days from the day on which the final decision became:
granting refugee status or a decision on depriving a foreigner of refugee status or subsidiary protection;
A foreigner staying in Poland as part of visa-free travel is obliged to leave Poland before the expiry of the period provided for in the international agreement signed between the foreigner's country of origin and Poland on the abolition of the visa requirement.
Who can be issued with a foreigner's obligation to return?
A foreigner's obligation to return may be issued in relation to a foreigner who:
In the cases mentioned above, the decision obliging the foreigner to return is not issued if:
A foreigner is a spouse of a Polish citizen or a foreigner who has a permanent residence permit or a long-term resident's EU residence permit (provided that the stay of the foreigner does not threaten the defense or security of the state or the protection of public safety and order), unless the purpose of the marriage was to circumvent legal regulations,
was issued for the purpose of arrival for humanitarian reasons, for reasons of state interest or international obligations;
What is the deadline for the return commitment?
The decision obliging the foreigner to return specifies the period of voluntary return, which is from 15 to 30 days, calculated from the date of delivery of the decision. This decision is recorded in the foreigner's passport. The authority that issued the decision obliging the foreigner to return informs the foreigner in writing in a language that he understands about the legal basis for issuing the decision, and instructs him if and in what manner he is entitled to appeal against that decision.
A foreigner who has received a decision on an obligation to return may lodge a complaint to the voivodship administrative court about a decision on an obligation to return a foreigner together with a request to suspend its implementation. In this case, the period of voluntary return or the period of involuntary implementation of this decision shall be extended to the date on which the provincial administrative court issues a decision on this application. A foreigner may not lodge a complaint with a court if the decision on the obligation to return was issued in connection with the fact that the foreigner may be immediately transferred to a third country on the basis of an international agreement on the transfer and admission of persons after detaining him in connection with crossing the border contrary to regulations rights. The date of voluntary return is not indicated if there is a probability of a foreigner fleeing or if it is required by defense or state security or protection of public safety and order. This decision is subject to immediate implementation.
Re-entry ban to Poland
The decision obliging the foreigner to return specifies a ban on re-entry to Poland. This ban is issued to a foreigner from six months to five years.
The re-entry ban is issued for the following periods:
a). stays or stayed in Poland without a valid visa or other valid document entitling him to enter and stay in Poland, if the visa or other document is or was required,
b). did not leave Poland after using the admissible period of stay on the territory of (all or some) Schengen countries to which he was entitled without a visa, in any period of 180 days, unless international agreements provide otherwise,
c). did not leave Poland after using the permissible period of stay indicated in the Schengen visa in any period of 180 days, or after using the permissible period of stay on the basis of a national visa,
d). does not have the funds necessary to cover the costs of staying in Poland, return trip to the country of origin or residence,
e). stays outside the border area in which, according to the permit to cross the border under the local border traffic, he may stay,
f). stays in Poland after the expiry of the period of stay to which he was entitled on the basis of a permit to cross the border under local border traffic
g). the purpose and conditions of the foreigner's stay in Poland are inconsistent with those declared, unless the law permits their change,
a). performs or has performed work without the required work permit (what is a work permit->?) or a registered statement of the employer about the intention to entrust work to a foreigner or has been fined for illegal work, or
b). he undertook a business activity contrary to Polish law
and). is entered in the Schengen Information System for the purposes of refusing entry or to the list of foreigners whose stay in Poland is undesirable,
b). has been sentenced by a final judgment in Poland to imprisonment under execution and there are grounds for conducting proceedings regarding his transfer abroad in order to execute the sentence imposed on him,
c). further stay of a foreigner in Poland will pose a threat to public health, which remains
confirmed by a medical examination or for international relations of another Member State of the European Union
4.5 years, if the foreigner:
and). due to reasons of national defense or security or protection of public safety and order, he cannot stay in Poland
Withdrawal of an entry ban
The authority which issued the decision to oblige the foreigner to return, at the request of the foreigner, may withdraw the entry ban if the foreigner shows that:
The ban on entry of a foreigner into Poland will not be withdrawn if:
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