Return decision

Introduction

Decision to leave the territory of the Republic of Poland

If you are detained immediately after crossing the border of the Republic of Poland with Belarus, Russia or Ukraine contrary to the law, a commander of the Border Guard post competent for the place of crossing the border will draw up an appropriate protocol and issue a decision to leave the territory of the Republic of Poland.

Such a decision shall contain an order to leave the territory of Poland and a ban on re-entry into that territory and the territory of the other Schengen States for a specified period, which may range from 6 months to 3 years.

The decision may be appealed to the Commander-in-Chief of the Border Guard. However, its submission does not suspend the implementation of the decision, which means the need to immediately leave the territory of Poland.

Return decision

In situations specified by law, among others, when:

• you crossed the border of the Republic of Poland contrary to the regulations (but you were not stopped immediately after crossing it) or you tried to cross it illegally,

• you are staying in Poland illegally, i.e., without a valid visa or other valid document entitling you to stay in Poland, if a visa or other document is required or if you have exceeded the permissible period of stay in visa-free travel, or

• you have performed work without appropriate permits

- the commander of the Border Guard branch or post will oblige you to leave the territory of Poland.

This decision takes the form of a decision against which you can appeal to the Head of the Office for Foreigners.

Issuing such a decision has negative consequences for you, among others in the form of the need for you to leave the territory of Poland and a ban on re-entry to Poland for the time specified in the decision.

Such a decision can only be issued against you if you do not have the nationality of a Member State of the European Union, Norway, Iceland, Liechtenstein, Switzerland, or the United Kingdom (if you are a beneficiary of the UK withdrawal agreement from the EU structures). Special regulations excluding the possibility of issuing such a decision also apply to certain family members of such citizens.

A return decision may not be issued to you if:

• you are the spouse of a citizen of the Republic of Poland

• you benefit from international protection in Poland (such as refugee status, subsidiary protection) or you have been covered by national forms of protection (such as permission to stay for humanitarian reasons or permission to stay tolerated)

• you have an indefinite residence permit on the territory of Polish (such as a permanent residence permit or a long-term EU resident permit).

In the proceedings on the foreigner's obligation to return, it is examined whether there are grounds for including the foreigner in the consent to stay for humanitarian reasons or the consent to tolerated stay. If such grounds are found, the commander of the Border Guard post or branch that initiated the procedure for the obligation to return will withdraw from the obligation to return and will decide in the same decision to grant you one of the above-mentioned consents. Information about what the granting of such consents entails has been included in the tabs devoted to them.