Refusal of entry

Grounds for refusal of entry (Article 28 of the Act on Foreigners):

• lack of a valid travel document, a valid visa or other valid documents entitling to enter the territory of the Republic of Poland and to stay on that territory;

• lack of travel medical insurance or health insurance;

• the use of an authorised period of stay on the territory of the Schengen States of 90 days in any 180-day period, unless otherwise provided for by international agreements;

• lack of sufficient documents to confirm the purpose and conditions of the intended stay;

• lack of sufficient financial means to achieve the purpose of the stay and return to the country of residence/transit to a third country;

• presentation of a forged or forged travel document, visa or other document entitling to enter the territory of the Republic of Poland;

• entry during the period of validity of the entry in the list of foreigners whose stay on the territory of the Republic of Poland is undesirable;

  the foreigner's data are in the Schengen Information System for the purposes of refusing entry;

• the entry of a foreigner into the territory of the Republic of Poland or their stay may pose a threat to public health;

• for reasons of defence or state security or the protection of security and public order or international relations of the Republic of Poland or another Member State of the European Union.

Entry into the territory of the Republic of Poland shall not be refused:

• when a visa has been issued to the foreigner for the purpose of arrival for humanitarian reasons, due to the interest of the state or international obligations;

• when the foreigner has obtained a temporary residence permit due to circumstances requiring a short-term stay;

• when a foreigner during border control declared their intention to submit an application for international protection in the cases referred to in Article 28(1) and Article 61(1) of the Act of 13 June 2003 on granting protection to foreigners on the territory of the Republic of Poland (Journal of Laws of 2019, item 1666);

• when a foreigner passes through the territory of the Republic of Poland in transit in order to obtain a long-term visa or residence title issued to them by a Member State (except when there is an entry in the list of foreigners whose stay on the territory of the Republic of Poland is undesirable).

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EU citizens and their family members

Article 11(1) of the Act on Entry to Stay and Exit from the Territory of the Republic of Poland of Citizens of the Member States of the European Union and their family members shall apply to EU citizens and their family members, which provide that entry may be refused to the above-mentioned groups of persons in the following cases:

• entry takes place during the period of validity of the entry in the list of foreigners whose stay on the territory of the Republic of Poland is undesirable;

• stay on the territory of the Republic of Poland may pose a threat to the defence or security of the state or the protection of security and public order or international relations of the Republic of Poland or public health;

• they do not have documents showing that they are entitled to exercise the free movement of persons.

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Family member of a Polish citizen exercising the freedom of movement of persons

The provisions of Article 9(2) and (3) and Articles 11-14 of the Act on Entry into the Territory of the Republic of Poland shall apply to a family member of a Polish citizen returning to the territory of the Republic of Poland after a period of residence in another Member State of the European Union, an EFTA Member State – a party to the Agreement on the European Economic Area or the Swiss Confederation, in which they were an employee or self-employed, the residence and departure from that territory of nationals of the Member States of the European Union and their family members.

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Decision to refuse entry

A decision to refuse entry is issued by the commander of the Border Guard post in the form of an administrative decision, and is subject to immediate enforcement.

The procedure before issuing a decision refusing entry to the territory of the Republic of Poland is limited to:

• interrogation of the foreigner;

• control of documents held by the foreigner;

• interviews with the persons accompanied by the foreigner on the journey;

• making checks in the available registers, records and lists in the case of foreigners;

• obtaining the necessary information from state institutions, government and local government bodies, business units conducting activities in the field of public utility, other economic units conducting activities in the field of public utility, other economic units and social organizations or natural persons

- it may be limited to the control of documents held by the foreigner, if the circumstances of non-compliance by foreigners with the conditions necessary to cross the border do not raise any doubts.

In the case of citizens of the European Union and their family members, a decision refusing entry on the basis of a threat to security or public order, international interests or public health should take into account the principle of proportionality and be taken only where the conduct of the person concerned constitutes a genuine, present and sufficiently serious threat to the public interest. A previous criminal record cannot constitute an independent prerequisite for taking the above-mentioned decision.

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Appeal

The decision to refuse entry may be appealed to the Commander-in-Chief of the Border Guard.